Sovereignty

The Concept of Sovereignty

• Kinds:

Legal – authority of state to issue commands. Such authority resides in Congress. The People gave this authority to the legislative.

Political – power behind the legal sovereign

Internal – supreme legal authority in relation to the inhabitants within its territory

External – legal authority characterized by independence and equality of State in relation to one another such that a state is not legally subject to authority of another. This enables the state to have the capacity to conduct international relations.

• Association relationship – comprises principal state and associated state.

• Note: A state that has the capacity does not conduct its foreign affairs because it voluntarily gives such authority to another state does not cease to be a state as in the case of “associated state”.

• In Province of Cotabato vs. GRP (2008). The SC ruled: Indeed, BJE is a state in all but name as it meets the criteria of a state laid down

Development of Sovereignty

• Westphalian concept of Sovereignty: nation-state’s right to monopolize certain exercises of powers with respect to its territory and citizens. This is traditionally considered “absolute”. It implies that there is no “higher power” than the nation state.

• With the recognition of “international norms” the traditional concept of westphalian sovereignty would require “consent” by state to the international norm before it becomes binding.

• But state entered into treaties and conventions and agreed to be bound by the terms and conditions thereof. Thus, the birth of the “Doctrine of Self Auto-limitation” (Reagan vs. CIR) which is the power of state to limit the exercise of its own sovereignty.

• Because of “Globalization” and the indispensability of relationship between and among states there is a need to “rethink” or “reshape” the outmoded westphalian concept into what John...