Doctrine of Sovereignty

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Doctrine of Sovereignty

Legal Issues

The doctrine of sovereignty today embraces several basic principles, such as that every state should have equal power to enter into treaties, non-interference in domestic affairs (although this has been qualified by international conventions on human rights), sovereignty over one’s territory, and state immunity (although the doctrine of restricted state immunity has dominated the international world during the last twenty years).(1)

Sovereignty of States over Territory

Sovereignty is the exclusive right to exercise supreme political authority over a defined territory
(land, airspace and certain maritime areas such as the territorial sea) and the people within that
territory. No other State can have formal political authority within that State. Therefore,
sovereignty is closely associated with the concept of political independence.

Classical international law developed doctrines by which States could make a valid claim of
sovereignty over territory. The doctrines included discovery and occupation and prescription.
During the period of Western colonial expansion new territories and islands were subject to
claims of sovereignty by discovery and occupation. Sovereignty could also be transferred to
another State by conquest (use of force) or by cession where the sovereignty over the territory
would be ceded by treaty from one State to another.

Since a State has sovereignty over its territory, the entry into its territory by the armed forces of
another State without consent is a prima facie breach of international law. Among the attributes
of sovereignty is the right to exclude foreigners from entering the territory, which is traditionally
referred to as the right to exclude aliens.

Since a State has sovereignty within its territorial sea (with some exceptions such as the right of
innocent passage), it has the exclusive authority to exercise police power within its territory sea.
For example, if foreign ships are attacked by “pirates” in the territorial sea of a State, the only
State that can exercise police power and arrest the pirates in the territorial sea is the coastal
State.

Resources

Notes

  1. John Mo, International Commercial Law

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  113. Permanent Sovereignty Embracing mainstream international law, this section on permanent sovereignty explores the context, history and effect of the area of the law covered here. Embracing mainstream international law, this section on permanent sovereignty explores the context, history and effect of the area of the [...]...
  114. Full Sovereignty Embracing mainstream international law, this section on full sovereignty explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "sovereignty, permanent, full" in the Parry and Grant Encyclopaedic Dictionary of International [...]...
  115. Territorial Sovereignty Embracing mainstream international law, this section on territorial sovereignty explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "territorial sovereignty" in the Parry and Grant Encyclopaedic Dictionary of [...]...
  116. National Sovereignty and Taxation This section provides an overview of national sovereignty and taxation within the legal context of Tax Law as an Issue of International Economic Law in international economic law (Main Regulatory Areas). Resources Further Reading Wolfgang Schön, "National Sovereignty and Taxation," [...]...
  117. Permanent Sovereignty Over Natural Resources Embracing mainstream international law, this section on permanent sovereignty over natural resources explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "natural resources, permanent sovereignty over" in the Parry and [...]...
  118. Brezhnev Doctrine Concept of Brezhnev Doctrine An introductory definition of Brezhnev Doctrine is provided here: reinforced the right of the Soviets to ntervene where Moscow deemed socialism was threatened by 'counter-revolutionary forces' Embracing mainstream international law, this section on brezhnev [...]...
  119. Fairness Doctrine Concept of Fairness Doctrine Note: explore also the meaning of this legal term in the American Ecyclopedia of Law. Resources See Also Ideology Public Opinion Media...
  120. Truman Doctrine Concept of Truman Doctrine An introductory definition of Truman Doctrine is provided here: a promise of US aid to all 'free peoples who are resisting attempted subjugation by armed minorities or by outside powers" (also see Brezhnev Doctrine) Resources See Also Foregin Policy [...]...

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