The Principle of Sovereignty: Territory, Authority and Decision

This study is situated within a historical-cognitive framework shaped by late 20th century events such as the Gulf War, the progress of globalization since the beginning of the 21st century, and the events of the past few years including the COVID-19 pandemic, the financial crisis, and the Arab Spring. Such events have challenged the traditional concept of sovereignty, at least as has been inherited from the modern era, with new propositions to understand the historical context which we believe has undergone a transformation in terms of the conception of sovereignty, and how it impacts our conception today. The proposal made by globalization – in terms of opening borders and reconceptualizing the state – has caused the concept of sovereignty to undergo a transformation different from what scholars who treat territorial sovereignty as a condition for state establishment have advocated for. Because sovereignty is a concept shared between politics and law (at least), our treatment aims to the extent possible to keep the concept within philosophy of law with regard to public and private international law, and common law (especially civil procedures). Our discussion addresses the dialectical relationship between territory and authority and between authority and decision-making. 

Download Article Download Issue Subscribe for a year

Abstract

Zoom

This study is situated within a historical-cognitive framework shaped by late 20th century events such as the Gulf War, the progress of globalization since the beginning of the 21st century, and the events of the past few years including the COVID-19 pandemic, the financial crisis, and the Arab Spring. Such events have challenged the traditional concept of sovereignty, at least as has been inherited from the modern era, with new propositions to understand the historical context which we believe has undergone a transformation in terms of the conception of sovereignty, and how it impacts our conception today. The proposal made by globalization – in terms of opening borders and reconceptualizing the state – has caused the concept of sovereignty to undergo a transformation different from what scholars who treat territorial sovereignty as a condition for state establishment have advocated for. Because sovereignty is a concept shared between politics and law (at least), our treatment aims to the extent possible to keep the concept within philosophy of law with regard to public and private international law, and common law (especially civil procedures). Our discussion addresses the dialectical relationship between territory and authority and between authority and decision-making. 

References