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Sovereignty: ground rule or gibberish?*

Published online by Cambridge University Press:  26 October 2009

Alan James
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Extract

In the study of International Relations few terms cause more confusion than sovereignty. As all the territorial participants in international life proclaim themselves to be sovereign it is a difficult term to get away from. But it also seems enormously difficult to get hold of, at least in any way which combines clarity and helpfulness. The matter is not assisted by the common suspicion that sovereignty has something to do with law, for law is widely taken to be an element to which any level-headed student of the international scene will give little time. On the other hand, sovereignty is also often supposed to have something to do with power—and that is a factor which, it is generally agreed, commands attention. However, in addition sovereignty has at least the smell, if not the clear suggestion, of absolute power—and that surely is something which is hardly applicable to any of the world's states, not even the super-states. All that can be said with confidence about them is that they are stronger than the others—but in that case what price the equality which sovereign states profess on the ground that they are all sovereign?

Type
Research Article
Information
Review of International Studies , Volume 10 , Issue 1 , January 1984 , pp. 1 - 18
Copyright
Copyright © British International Studies Association 1984

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References

1. Thomson, David, ‘The Three Worlds of Raymond Aron's’ International Affairs, vol. 38, no. 1 (January 1963), p. 55Google Scholar.

2. Miller, J. D. B., The World of States (London, 1981), p. 16Google Scholar.

3. See Newsweek, 12 December 1977, p. 25.

4. For the texts of the letters which were exchanged on this subject see NATO Letter, vol. 14, no. 5 (May 1966), pp. 22–6Google Scholar.

5. See New York Times, 27 September 1968.

6. See speech by Foreign Minister Gromyko reported in The Times, 11 July 1969.

7. Article 2, paragraph 1.

8. Lissitzyn, Oliver J., ‘Territorial Entities other than Independent States in the Law of Treaties’, Academie de Droit International, Recueil des Cours 1968, vol. III Sijthoff, Leyden, 1970, p. 9Google Scholar.

9. Northedge, F. S., The International Political System (London, 1976), p. 143Google Scholar.

10. Marshall, Charles Burton, The Exercise of Sovereignty (Baltimore, 1965), p. 3Google Scholar.

11. Ibid. p. 4.

12. Wight, M, Systems of States, ed. Bull, H. (Leicester, 1977), p. 130Google Scholar.

13. Fawcett, J. E. S., ‘General Course on Public International Law’, Academie de Droit International, Recueil des Cours 1971, vol. 1 (Leyden, 1971), p. 381Google Scholar. Cf, idem, Law and Power in International Relations (London, 1982), p. 18Google Scholar.

14. Bull, Hedley, The Anarchical Society. A Study of Order in World Politics (London, 1977), pp. 8–9Google Scholar.

15. Reynolds, P. A., ‘International Studies: Retrospect and Prospect’, British Journal of International Studies, vol. 1, no. 1, (April 1975), p. 6CrossRefGoogle Scholar.

16. See his The Nature of International Society (London, 1962, reissued 1975), pp. 166–7Google Scholar. See also his chapter, ‘The Legal Framework in a World of Change’ in Porter, B (ed.), The Aberystwyth Papers (London, 1972), pp. 305–9Google Scholar. The phrase ‘constitutional self-containment’ had also figured tellingly in Manning's Sovereignty for the Common Man, the proposed publication of which, in the series that included Martin Wight's Power Politics, was commissioned in 1944 but eventually not proceeded with.

17. See Henkin, L., Foreign Affairs and the Constitution (Mineola, New York, 1972), p. 229Google Scholar.

18. Lissitzyn, op. cit. p. 35.

19. See Russell, Ruth B., A History of the United Nations Charter (Washington, 1958) pp. 506–9Google Scholar, 533–9 and 596–8.

20. See Potter, P. B., ‘Contemporary Problems of International Organization’, American Journal of International Law, vol. 59, no. 2, (April 1965), p. 292CrossRefGoogle Scholar.

21. See Oliver J. Lissitzyn, op. cit. p. 37.

22. See The Times, leader, 12 November 1975.

23. See Silver, James W., Mississippi: The Closed Society (London, 1964), p. 8Google Scholar.

24. Keen, M. H., The Laws of War in the late Middle Ages (London, 1965), p. 240Google Scholar.

25. Strayer, Joseph R., On the Medieval Origins of the Modern State (Princeton, 1970), p. 57Google Scholar.

26. Ibid. p. 58.

27. The largest and best-known exception, the Anglo-French South Pacific condominium of New Hebrides, became a sovereign state in 1980.

28. Another case of territory being under the sovereignty of one state but administered by another is the New Territories of Hong Kong, which is controlled by Britain until 1997 under a 99-year lease from China. (The New Territories are to be distinguished from the colony of Hong Kong, although in practical terms the latter is dependent on the former.) Until 1979 the Panama Canal Zone was a similar case. Since then the United States has been in effective control of only about forty per cent of the former Zone, including the Canal itself, and is due to return that to the territorial sovereign at the end of 1999.

29. Campbell, J. C. (ed.), Successful Negotiations: Trieste 1954 (Princeton, 1976), p. 159Google Scholar.