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Sovereignty: Defining Territorial Integrity and Jurisdiction on the West…
Sovereignty: Defining Territorial Integrity and Jurisdiction on the West Bank
Sovereignty
supreme authority
the most central concept + operational principle of the international order since the Peace of Westphalia ended the Thirty Years’ War in 1648
defined territorially as possessed by states
used to justify armed violence and can be a shield behind which atrocity is sometimes committed
operational base of both international and domestic political life
sovereignty in practice has never been as absolute as it is in theory
Origins and Evolution
whoever has sovereignty has ultimate authority over the physical territory where it is claimed and enforced
domestic affairs of sovereign entities, sovereignty provides the basis for political order by endowing its possessors with the ability to develop and enforce rules and laws that produce some form of political system
The concept was first introduced by the French philosopher Jean Bodin in his 1576 book De Republica
“supreme authority over citizens and subjects, unrestrained by law”
Examples: Richard Nixon during the Watergate scandal that “if the President does it, it cannot be illegal”
Robert Mueller’s 2019 determination that President Trump could not be tried for a crime while he was in office
Dutch scholar, Hugo Grotius, generally acknowledged as the father of the idea of international law1625 book On the Law of War and Peace, by the eighteenth century, accepted as both a principle of domestic and international relations
political philosophers like the Englishman John Locke and his French counterpart Jean-Jacques Rousseau made the counterclaim: sovereign’s powers were limited and could be abridged by the people
Changing concepts and characteristics
the Holocaust carried out by Nazi Germany against the Jewish and Roma population of Germany and other countries it occupied
The four main characteristics
recognized territory and population
recognized jurisdiction, legitimate authority over the territory and its inhabitants
autonomy from external control
recognition by other states
Arguments
UN system represents a very limited example of the international organization alternative
assertion that states don't violate one another’s sovereignty has always been somewhat fictitious, modern electronics + cyber capabilities have made the “impenetrability” of state sovereignty even more suspect
possessor(s) of sovereignty and the physical territory over which that sovereignty can be exercised
Territorial Inequality and Jurisdiction on the West Bank
bounded by pre-1967 Israel on the Mediterranean side and extends eastward to the western bank of the Jordan River
It occupies about 5,400 square miles of land
Six-Day War of 1967
part of the Ottoman Empire from 1517 to 1917. part of the successor state of Turkey until 1923
joined after World War II in 1947
The Middle East and American National Security: Forever Conflict and War