State Sovereignty in International Law
SyllabusGlobal politics: great-power rivalry and the world order
State sovereignty means that a state governs its territory and population and conducts its external relations independently of other states. Under contemporary international law, sovereignty denotes legal authority and independence within an international legal order, not unlimited freedom from legal obligations. All states possess sovereign equality, even though their political influence and material capabilities differ.
Internal authority and external independence
Sovereignty has two connected dimensions: authority within the state and independence in relations with other states.
- Internal sovereignty signifies the state's authority to organise its government, make and enforce laws, and exercise jurisdiction within its territory, subject to international obligations.
- External sovereignty signifies independence from the authority of another state, including the capacity to conduct diplomacy and enter international agreements.
- Sovereignty does not mean that a state can exercise its powers within another state's territory without a recognised legal basis.
Sovereign equality and mutual restraint
Article 2(1) of the UN Charter establishes the sovereign equality of UN members. Legal equality does not imply identical institutional powers: the Charter itself gives permanent Security Council members special voting privileges.
- The principle of non-intervention prohibits coercive interference in matters that international law leaves states free to decide, such as their choice of political system.
- Article 2(4) prohibits the threat or use of force against a state's territorial integrity or political independence, or otherwise inconsistently with UN purposes.
- States must settle international disputes by peaceful means, rather than treating sovereignty as a licence for unilateral coercion.
Legal obligations and collective security
Sovereignty operates within international law. States are bound by applicable treaties and customary international law, including obligations concerning human rights; invoking domestic authority does not erase these duties.
- Peremptory norms, such as the prohibition of genocide, permit no derogation, including through agreements between states.
- Article 51 recognises individual or collective self-defence if an armed attack occurs, subject to the Charter's conditions.
- Under Chapter VII, the Security Council may authorise enforcement measures, including force, to maintain or restore international peace and security.
- Article 2(7) limits UN intervention in matters essentially within domestic jurisdiction, but expressly preserves Chapter VII enforcement measures.
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