Sovereignty is the central organizing principle of the international system. It means essentially supremacy and separateness of states as legal or political entities with power to control others and regulate not only their internal affairs, but also their external or foreign relations. The state is sovereign within a defined territory and enjoys equal status with others, which have the same attribute. The importance of Hugo Grotius in the development of the theory of sovereignty is that he emphasized external sovereignty, i.e. the independence of the states from foreign control. Sovereignty is therefore used in reference to states, which are autonomous of any other entity. Although, membership of international organizations is voluntary, States willingly join because they consider such participation to be in their enlightened national interests. States can also decline the jurisdiction, or refuse to abide by the judgment of the International Court of Justice (ICJ) as the United States has severally done with its optional clause or that of the International Criminal Court (ICC) by refusing to ratify its Statute. This is still within the exercise of a state external sovereignty.
The idea of sovereign state in diplomatic history had its roots with the signing of the Treaty of Westphalia in 1648. After the Thirty Years War the sovereign state emerged from the bloody clash to vindicate the supremacy of the secular order against religious claims. And since then states have been guarding jealously their sovereignty, equality and territorial integrity. From the 1815 Congress of Vienna, through the 1919 Versailles Peace Treaty, the San Francisco Conference of 1945, which gave birth to the Charter of the United Nations, the 1961 Vienna Conference on Diplomatic Immunity to the 2000 Rome Treaty of the
79
POL 111 ELEMENTS OF POLITICAL SCIENCE
International Criminal Court, the notion of sovereignty of states, has been preserved.
SELF-ASSESSMENT EXERCISE 2
Discuss ways in which legal sovereignty different from political sovereignty.
3.3 Criticisms and Limitations of Sovereignty
There are several criticisms of the theory of sovereignty. First, in the view of Sir Henry Maine sovereignty it is not applicable to undeveloped communities, among whom custom is the king of men (Appadorai, 2004). Second, sovereignty assumes that the state is the only association. This is not true according to the pluralists who recognize the existence of other non-political associations like trade unions that grow naturally, have a will of their own and possess personality distinct from that of the state. They also have members who find fulfilment within such bodies. Third, in a federal state it may not be easy to determine or locate sovereignty in one source giving the origin, cooperative and dual character of most federations, which often compel distribution of powers among levels of government.
Fourth, the sovereign must habitually observe certain principles or maxim. For example, it is unthinkable that the Queen in Parliament will ignore established age hold conventions that hold the British society together. Fifth, in a democracy, it is almost a truism that the legal sovereign should bow to the political sovereign. The question then is: if sovereignty is determinate, how can the people or the electorate where popular sovereignty rest, satisfies this requirement? Sixth, while it is conceded that the law of the sovereign is a command, yet the state cannot make laws that offend the historical and sociological milieu of a society, otherwise the sovereign may risk resistance, or even rebellion.
Seventh, to say that there is no law beyond the reach of the sovereign is to strain the definition to its limit, as the sovereign cannot tax private property without the consent of the owner. As Laski warned, “Men will sooner part with their souls than with their possessions.”
80
POL 111 MODULE 2
The concept of absolute, unlimited sovereignty did not last long after its adoption, either domestically or internationally. The growth of democracy imposed important limitations upon the power of the sovereign and of the ruling classes. The increase in the interdependence of states restricted the principle that might is right in international affairs. Citizens and policymakers generally have recognized that there can be no peace without law and that there can be no law without some limitations on sovereignty. They started, therefore, to pool their sovereignties to the extent needed to maintain peace and prosperity. For example, the North Atlantic Treaty Organization, United Nations, European Union, African Union and ECOWAS Charters, which modern states are signatories and respected, serve as limitations on their sovereignty.
Limitations of Sovereignty can be summarised as follows or its exercise can be limited by:
Membership of international organisations
Overbearing influence or interference by dominant powers
External aid or overseas assistance
Constitution
Pressure groups
Intricacies of modern governance
Customs and traditions
International law
Electorate
Public opinion (vox populi)
Military interregnum
SELF-ASSESSMENT EXERCISE 3
State the major criticisms and limitations of the theory of sovereignty.
4.0 SUMMARY
This unit examines the concept of sovereignty and stresses its importance as an organizing principle of the state in both its domestic and external relations. The point was made that sovereignty belonged to the state and not the government; the latter being a mere agency of the former. We also emphasized that despite the views of the classical theorists a modified theory of sovereignty is the one that is realistic in the modern state in which its ultimate purpose is better served only if the interests of its citizens are maximized.
5.0 CONCLUSION
In spite of the limitations of the concept of sovereignty, it retains its relevance and vitality in politics at both the domestic and international levels. Within the state system, supreme power is located in the major
82
POL 111 MODULE 2
political institutions or the constitution. Although the ability of a state to govern may be influenced by extraneous forces, it is uncommon to find any state, which is not managed largely based on its constitution.
Therefore, from the issues raised in this unit and recent developments in the world of sovereign states though we may concede that sovereignty is no longer absolute, yet they have by no means eliminated the formal independence of states, their separateness and the ability of governments in those states to exercise sovereignty on behalf of their people.
6.0 TUTOR-MARKED ASSIGNMENTS
1. Define the concept of sovereignty from the perspectives of different scholars.
2. Critically analyse the possibility of identifying a sovereign under a federal system of government
3. Explain the limitations to sovereignty and how it could be sustained.
7.0 REFERENCES/FURTHER READING
Appadorai, (2004). Substance of Politics, Oxford University Press, London Baradat, L. P. (2000) Political Ideologies: Their Origins and Impact,
Stratford Publishing Services, New Jersey
Jordan, R. (1982) Government and Power in West Africa, Ethiope Publishing, Benin City
Laski, H. (1982) A Grammar of Politics, George Allen and Unwin Publishers, London
Mbah, M.C.C (2007) Foundation of Political Science, Anambra Rex Charles and Patrick limited p.144-145
Nye, J. (2000) Understanding International Conflict, Longman Inc.
New York Rosenau, J. N. (1967) The Domestic Sources of Foreign Policy, Free Press, New York
83
POL 111 ELEMENTS OF POLITICAL SCIENCE