The principles of state sovereignty and non-interference rest at the very heart of International law and springs from the 1648 Westphalian treaty.Westphalian sovereignty is the principle of international law that each nation state has sovereignty over its territory and domestic affairs to the exclusion of all external powers. This is founded on the principle of non-interference in another country‟s domestic affairs and that each state irrespective of its size is equal in International law. This study shall rely principally on the doctrinal research methodology by systematic and thematic analysis of existing data on sovereignty and non-interference. The interpretation of sovereignty as narrowly as the non-intervention principle has placed sovereignty against the possibility of intervening for the protection of Human rights. The Rwanda genocide, mass atrocity crimes and crimes against humanity that characterized the state of Rwanda and Srebrenica amongst others raised the need for action by the International community to protect not only states, but also people. This thesis attempts therefore, to find a bridge between these two seemingly opposing interests -protecting the state for a strong international order and protecting the people to save lives. Responsibility to protect is based on the notion of a primary responsibility with each and every state to protect its population, and a secondary responsibility with the international community to assist a state, which is unwilling or unable to protect its people. This thesis concludes that responsibility to protect is part of sovereignty, as a duty of a state, corresponding to the right of non-intervention. If the reign fails to protect its people, or is itself abusing its people, the right of non-intervention becomes void.
Table of Contents
CHAPTER ONE GENERAL INTRODUCTION
1.1 BACKGROUND TO THE STUDY
1.2 STATEMENT OF THE RESEARCH PROBLEM
1.3 RESEARCH QUESTIONS
1.4 OBJECTIVES OF THE STUDY
1.4.1. General objective
1.4.2. Specific objectives
1.5 RESEARCH METHODOLOGY
1.6 THEORITICAL FRAMEWORK
1.7 LITERATURE REVIEW
1.8. JUSTIFICATION OF THE STUDY
1.9. SIGNIFICANCE OF THE STUDY
1.10 SCOPE OF THE STUDY
1.11 DEFINITION OF KEY TERMS
1.12 SYNOPSIS OF CHAPTERS
CHAPTER TWO UNDERSTANDING SOVEREIGNTY AND NON-INTETFERENCE IN INTERNATIONAL LAW
2.1 THE ISSUE OF STATE SOVEREIGNTY
2.2. SOVEREIGNTY AND INDEPENDENCE.
2.3 TYPES OF SOVEREIGNTY.
2.3.1 Internal Sovereignty.
2.3.2. External Sovereignty
2.3.3. De facto and De jure Sovereignty.
2.3.4 Legal Sovereignty;
2.3.5. Political Sovereignty.
2.3.6. Popular Sovereignty
2.4. Sovereignty as a problematic concept
2.5 NON-INTERFERENCE IN INTERNATIONAL LAW
2.5.1 Historical Evolution:
2.5.2 Theoretical Implications:
2.5.3 Practical Applications:
2.6 Sovereignty and Non-Interference Interrelated.
2.7 Different forms that Interference may take which undermine the Sovereignty of a State.
2.8. LEGAL PROVISIONS ON SOVEREIGNTY AND NON-INTERFERENCE.
2.8.1 ARTICLE 2(4).
2.8.2 ARTICLE 2(7).
CHAPTER THREE CASE STUDY: VIOLATIONS OF STATE SOVEREIGNTY AND THE NON-INTERFERENCE PRINCIPLE.
3.1 NICARAGUA V. UNITED STATES
3.1.1 BACKGROUND AND HISTORY OF U.S. INTERVENTION IN NICARAGUA
3.1.2 NICARAGUA’S SUBMISSION
3.1.3 JUDGMENT
3.2 NATO’S INTERFERENCE IN KOSOVO (1999)
3.3. IRAQ’S INVASION OF KUWAIT
3.3.1. INTERNATIONAL RESPONSE TO IRAQ’S INVASION OF KUWAIT
CHAPTER FOUR RESPONSIBILITY TO PROTECT
4.1. ORIGIN
4.2. R2P IN PRACTICE
4.2.1. Kenya 2007/2008
4.2.2. Ivory Coast 2011
4.2.3. Libya 2011
4.2.4. Central African Republic (CAR) 2013
4.2.5. Syria
4.2.6. Burundi
4.2.7. Cameroon Anglophone crisis and the call for Responsibility to Protect
4.3. SOVEREIGNTY AND RESPONSIBILITY TO PROTECT
4.4. SOVEREIGNTY AS RESPONSIBILITY TO PROTECT
CHAPTER FIVE EXCEPTIONS TO THE PRINCIPLES OF SOVEREIGNTY AND NON-INTERFERENCE
5.1 Intervention by Invitation
5.2 Admissible Countermeasures by a State
5.3. Humanitarian Intervention
5.4 Interventions to Protect Nationals Abroad
5.5. Collective Intervention.
5.6 Assistance for Insurgents/Right to Self-Determination
5.7 Self-defense
CHAPTER SIX CONCLUSION AND RECOMMENDATIONS
6.1. CONCLUSION
6.2 DISCUSSION OF FINDINGS AND RECOMMENDATION
Objectives and Research Themes
This thesis examines the core principles of state sovereignty and the doctrine of non-interference in international law, specifically investigating how these traditional concepts have been challenged by the modern need for humanitarian intervention to protect human rights, particularly under the framework of the "Responsibility to Protect" (R2P).
- The historical evolution of state sovereignty since the Treaty of Westphalia.
- Legal interpretations of Article 2(4) and Article 2(7) of the UN Charter regarding the prohibition of interference.
- Case study analysis of sovereignty violations, including Nicaragua v. United States, NATO intervention in Kosovo, and Iraq's invasion of Kuwait.
- The conceptual transition from "sovereignty as control" to "sovereignty as responsibility" within the international order.
Excerpt from the Book
2.1 THE ISSUE OF STATE SOVEREIGNTY
Sovereignty is understood in jurisprudence as the full right and power of a governing body to govern itself without any interference from outside source or bodies. In political theory, sovereignty is a substantive term designating supreme authority over some polity. It is a basic principle underlying the dominant Westphalian model of state sovereignty.
The concept of sovereignty has been discussed throughout history, and is still actively debated. Its definition, concept and application, has changed throughout, especially during the Age of Enlightenment. The current notion of state sovereignty contains four aspects consisting of territory, population, authority and recognition. According to Stephen D. Krasner, the term could also be understood in four ways:
Domestic sovereignty – actual control over a state exercised by an authority organized within this state,
Interdependence sovereignty - actual control of movement across state’s borders, assuming the borders exist,
International legal sovereignty – formal recognition by other sovereign states,
Westphalian sovereignty – Lack of other authority over state other than the domestic authority.
Summary of Chapters
CHAPTER ONE: Provides the research foundation, detailing the study's background, objectives, and the theoretical framework surrounding sovereignty and non-interference.
CHAPTER TWO: Explores the conceptual understanding of sovereignty and non-interference in international law, analyzing various types of sovereignty and the problematic nature of these concepts.
CHAPTER THREE: Examines specific historical case studies of state sovereignty violations and interventions, focusing on the legal responses to these conflicts.
CHAPTER FOUR: Analyzes the emergence and practical application of the Responsibility to Protect (R2P) doctrine as a bridge between state sovereignty and human rights protection.
CHAPTER FIVE: Discusses the recognized exceptions to the principle of non-interference, such as intervention by invitation, self-defense, and collective security measures.
CHAPTER SIX: Concludes the thesis by summarizing findings and offering recommendations for reconciling state sovereignty with modern international humanitarian duties.
Keywords
Sovereignty, Non-interference, International Law, Responsibility to Protect, R2P, Westphalian Treaty, Humanitarian Intervention, Human Rights, Territorial Integrity, UN Charter, Collective Security, Statehood, Self-determination, Coercion, State Relations.
Frequently Asked Questions
What is the core focus of this research?
The research fundamentally addresses the tension between the principle of state sovereignty—which mandates non-interference in internal affairs—and the increasing necessity of protecting human rights on a global scale.
What are the central thematic areas?
The core themes include the historical Westphalian understanding of statehood, the legal evolution of the non-interference principle, the challenges of modern sovereignty, and the transition toward the Responsibility to Protect (R2P) framework.
What is the primary research question?
The thesis explores whether true sovereignty can coexist with the international obligation to protect citizens from mass atrocities, and whether the principle of non-interference can still promote world order in the current geopolitical climate.
Which methodology is employed in this thesis?
The study utilizes a doctrinal research methodology, employing systematic and thematic analysis of existing legal data, including treaties, court judgments, and academic literature.
What does the main body cover?
The main body of the work covers theoretical frameworks of sovereignty, case studies of intervention (such as in Nicaragua, Kosovo, and Kuwait), the conceptual origin and practice of R2P, and the specific legal exceptions to the principle of non-interference.
What characterizes this study?
The study is characterized by its critical analysis of sovereignty as an evolving concept, the use of international legal precedents, and a balanced evaluation of state protection versus human rights, with specific attention to the R2P doctrine.
How does this study analyze the 'Responsibility to Protect'?
The study analyzes R2P not as a replacement for sovereignty, but as an intrinsic part of it, arguing that sovereignty entails a responsibility for the state to protect its population, and that this mandate shifts to the international community when states are unable or unwilling to do so.
What conclusion does the author draw regarding international intervention?
The author concludes that while state sovereignty is essential, it is not an absolute shield for mass atrocities; therefore, a more modern, flexible approach is required that prioritizes the protection of human rights when national authorities fail their responsibilities.
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- Benjamin Mekinde Tonga (Autor:in), 2018, State Sovereignty and Non-Interference in International Law, München, GRIN Verlag, https://www.grin.com/document/988362
