Sovereignty and statehood I 2013. Leila Brännström. UN Charter Article 2. The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles:
The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles:
4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations
7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll.
Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations…
The emergence of states as permanently existing entities in their own right
The personification of the state their own right
- enabled jurists to see states as homogenous subjects of the law of nations irrespective of internal order
The emergence of state sovereignty their own right
- at the dawnof the modern era the notionwassecularized and projected on absolute rulers
- later projected on the state as such
Crucial elements for the emergence of a European international order based on territorially delimited sovereign states
- the personification of the state
The conception of state sovereignty in the IL discourse of the 18th and 19th centuries
- States enjoy natural rights and liberties. Sovereignty is the natural prerogative of states.
- State sovereignty implies that the law of nations governs only the relation between states. Rulers are at liberty to govern as they please within their respective domains. No state has the right to interfere with the internal affairs of another state.
- The law of nations is shaped by the free will of states and states are only bound by the legal obligations that they have agreed to.
- Public International Law or the Public Law of Europe?
- Non-European societies that were not European in origin were simultanesouly included and excluded from the international community of states
- The universalization of the state system began in the 19th century but took off with the process of decolonization
The traces of the division between civilized/uncivilized nations in the LON
- Article 38(1)(c) of the statute of the Permanent Court of International Justice referred to ”the general principles of law recognized by civilized nations”
- The mandate system designed to to deal with the situation of the colonies and territories extracted from Germany and the Ottoman Empire: Under article 22 of the Covenant of the League, ”advanced nations” (viz Britain, France, Belgium, Australia, New Zealand, South Africa, and Japan) were given the task of exercising ”tutelage” on behalf of the league over those colonies and territories which were ”inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world”.
Challanges to the position of state sovereignty in IL nations in the LON
- Who had rights of sovereignty in relation to the mandates?
- How could powers be ascribed to the LON in a world of sovereign states?
The reconceptualization of sovereign statehood in IL nations in the LON
The Wimbledon Case (1923) limitation on its sovereignty” (
The PCJ: declines to see in the conclusion of any Treaty by which a State undertakes to perform or refrain from performing a particular act an abandonment of its sovereignty. No doubt any convention creating an obligation of this kind places a restriction on the exercise of sovereignty rights of the State, in the sense that it requires them to be exercised in a certain way. But the right of entering into international agreements is an attribute of State sovereignty.
The right to national self-determination Nicaragua (1986)