The Real Sovereignty
Introduction
Sovereignty being the supreme authority for a nation to govern itself, without any external interference. It also reflects a legal concept of it being a central to the concept of statehood. Sovereignty is derived from its three different elements which consist of:
Internal Sovereignty – It depicts that a state has the supreme authority govern its own land and people and it does not need any external advisory to govern its own people which also includes the power to enforce laws, set taxes on its people and also to provide public services with different welfare programs for the citizens living in such territory.
External Sovereignty – It says that the state is Independent of all other states and is not subject to their laws or authority. This includes the power to enter into such treaties with different nations to maintain the decorum of peace and making good relations with others territories to people its own and also make it’s hold stronger on the worldly basis on the basis of its law framing and economic prosperity around the globe.
Exclusively – The state is the only entity that holds that supreme power to exercise its sovereign powers in its territory and make relations with other states.
The concept of Sovereignty has evolves its scope from late Hobbes and Austin’s days to its criticism by Oppenheimer and Frederick Pollock which says that in the past it used to an absolute and invisible. However, in recent decades, Sovereignty is seen to be not a absolute authoritative power and it can also limit its power voluntarily in certain areas.
Does International Law recognize the concept of Real Sovereignty?
International law claims to believe in the concept of real sovereignty, and it also says that it is not absolute and it can be changed with state laws each nation or sate consist of which also makes sovereignty the fundamental principle of international law. And it is also enshrined in the United States Charter which is also known the founding document of the Unites States and it is also considers as the constitution of the International Law. Which says that all the member states are Sovereign and equal? It also prohibits each state from intervening with the other territories internal affairs.
International Law does recognize the concept of Real Sovereignty,. but it also contains the provisions that allows for the limitation of Sovereignty under specific circumstances to maintain those peace binding treaties with each nation and to protect the fundamental of its citizens at the same time.
Can international law limit the territorial sovereignty of a country?
International Law can surely limit a country’s territorial sovereignty through treaties. and that could only limit its territorial sovereignty only after it is ratified and concurred by the state. If the same is related with the current dispute between Israel and Palestine then the international law in not subject to such territorial disputes between these two states. International Law does not see the occupation or the invasionary actions done by the Israeli as lawful.
How Sovereignty is affected with the conflict between Israel and Palestine?
1. Rights of Palestinians in Israel: Israel’s power over certain territories is recognized, but there’s a disagreement about how Palestinian people in those areas are treated. International rules say countries must treat everyone in their land fairly. This causes arguments about things like what should happen to Palestinian refugees and whether they should have their own country.
2. Historical Territory Ideas: Some people have a belief in “Eretz Israel” which covers more land than what Israel officially has now. They think Israel should be bigger and include special places from history. But not everyone agrees with this, and the official borders are based on worldwide agreements.
3. Different Opinions on a Palestinian State: In Israel, not everyone thinks the same about whether Palestinians should have their own country. Some support the idea of two countries living side by side, while others, who are a small part of the population, are against it. This mix of opinions makes it tough to find a solution to the Israel-Palestine issue.
Conclusion
All these different perspectives show that real sovereignty can change and is not always straightforward. Finding a solution in this complex situation involves carefully considering the balance between a country’s power and the rights of individuals. It’s a puzzle that remains to be solved through diplomacy, negotiation, and respect for the rights of all parties involved.
Author:- LAKSHAY VYAS, a Student of BM LAW COLLEGE, AMBEDKAR LAW UNIVERSITY
