On Authority

The principles and laws that apply tostate sovereignty are often described using difficult and complex terminology.However, it is possible to explain the concept of sovereignty in a moresimplified form, linking the sovereignty of states, its legal effects and someof the challenges it faces.

Sovereignty is defined as the powersthat grant the state the right of control within its agreed borders, and thefreedom to organize its legislative, administrative and judicial authorities,along with independence from any external authority, taking into accountinternational law and the agreed borders of other states. So, the termsovereignty does not only mean respect for other states and non-interference intheir internal affairs, but also preserves the power of the state andcontributes to the expression of its identity. An example is the legal equalityof states regardless of their size; all states are equal under internationallaw, as are their peoples and their rights, cultures, customs and morals.

   

Sovereignty also refers to therelationship between external and internal authority. The former is the statusand independence of the state within the international system. The latter isthe power of the state to make decisions that apply to all its citizens andinstitutions, both inside and beyond the borders of the state.

Respect for state sovereignty, theequality of all states regardless of their size and the strength of theireconomies, and equality of rights and duties of all sovereign states, are amongthe fundamental concepts that the United Nations aims to protect.

With the evolution of theinternational system, and in light of recent events, the concept of statesovereignty is facing many challenges; political changes, along with economicand technological developments, may directly or indirectly affect thesovereignty of states and their ability to protect their communities andcitizens.

One of the most salient principles ofsovereignty is that of non-interference, any breach of which is aninternational legal taboo. When one state intervenes in the internal affairs ofanother, it is a derogation of the sovereignty of the state. Indeed, UN GeneralAssembly 2131 explicitly says: “No state has the right to intervene, directlyor indirectly, for any reason whatever, in the internal or external affairs ofany other state.”

Every state is also free to pass itsown laws and select its judiciary, since it is not fair for any state tointerfere in the judicial processes of another.

Unfortunately, some of the challengesaffecting sovereignty have occasionally led to countries relinquishing a partof their sovereignty for various purposes, including the protection of economicand political interests. However, any attack on the sovereignty of a state isunderstandably considered an attack on that state’s existence and independence.

As these challenges increase forvarious reasons, some countries struggle to preserve their own sovereignty, andkeep it whole. The citizens of each state play a key role in supporting theircountries to achieve and implement this sovereignty by believing in theindependence of their homeland and having confidence in their leadership’schoices and decisions.

It is with pride that we havewitnessed before, and are witnessing now, the most beautiful lessons inconsolidating and affirming this sovereignty on the principle of either winningor dying … there is no place for defeat.

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