Sovereignty: The Battle for the Hearts and Minds of Men

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As presented before, sovereignty is alternatively or cumulatively referred to as ultimate power and supreme authority. Externally, it implies a degree of independence or freedom. As a legal regime or status, international sovereignty, and more particularly international external sovereignty entails the rights that can guarantee sovereign independence, but also the duties that correspond to those rights in a community of equal sovereigns where all rights are reciprocal. Chapter 1: Indigenous Data Sovereignty, Governance and the Link to Indigenous Policy, Maggie Walter and Stephanie Russo Carroll International sovereignty is not only law-based, as discussed before, but it is also a source of international law itself. Select 3 - International human rights, sovereignty, and global governance: toward a new political conception Jean Cohen’s Globalization and Sovereignty is the most comprehensive treatment that I have read of pluralist constitutionalism at a global level. The work is inspired by the awareness, on the one hand, of problems of legitimacy that relate to the operation of internationalgovernance bodies, and, on the other, of the dangers of capture of international projects by specialized interests. The book takes a refreshing distance from cosmopolitan efforts to do away with sovereignty, and recognizes the great value autonomous self-determining communities have, seeking to weave the considerations into a moderate pluralist constitutional agenda.'

The Right of Sovereignty - Daniel Lee - Oxford University Press

Curiously for such a pivotal concept, but maybe precisely because it is such, its meaning has been changing across historical and political contexts and has also been heavily contested at any given time and space. Recently, upholding the concept, by reference to the State or in general, has become a ground of major contention among international lawyers and theorists; while some argue that the concept of sovereignty, or at least of State sovereignty is obsolete and should be abandoned in favour of new concepts of supranational or transnational political organization through which the current sharing, limiting, and parcelling of authority can be better explained, others see new forms of political authority and integration beyond the State, such as the European Union (‘EU’) for instance, and their inherent limitations as a confirmation or at least a development of the concept of sovereignty or even of State sovereignty (see also European Union, Historical Evolution). Rousseau’s account of sovereignty does that by conceptualizing popular sovereignty and explaining how the exercise of the sovereignty of political institutions is submitted to the respect of the general will. Political sovereignty becomes a mere reflection of popular sovereignty; if the sovereign does not respect popular will, it risks losing its attributions. Seen in those terms, sovereignty can both be deemed absolute when it is original, and limited when it corresponds to derived political or institutional sovereignty. Sovereignty and democracy were clearly bound from then on.

Chapter 12: Narratives on Indigenous Victimhood: challenges of Indigenous Data Sovereignty in Colombia’s transitional setting, Gustavo Rojas- Páez and Colleen Alena O’Brien

Globalization and Sovereignty - Cambridge University Press

According to some authors, sovereignty can only be absolute; this is the classical conception of sovereignty one finds in Bodin and Hobbes in particular. The modern conception of sovereignty understands it, however, as inherently limited through domestic law, but also, since the second half of the 20 th century, through international law and this even without the consent of the sovereign State and hence beyond self-limitation. Whereas classic international law saw sovereignty as self-limited at the most, modern international law binds sovereign States in their internal and external dimensions, often without their consent. The Law of Parliamentary Sovereignty (Chapter 8) - A.V. Dicey and the Common Law Constitutional TraditionInterestingly, many of those new international limitations to internal sovereignty are not consent-based, but stem from customary norms or general principles. This may be explained by the fact that these norms can be understood as the reflection of the minimal common denominator to the practice of all democratic sovereign States constituting the international community and are produced as a result by accretion of the gradual recognition of those norms at the domestic level by modern democracies. Once internationalized, those norms may as a result work as a legitimate limit on the autonomy of those States to contextualize and hence to flesh out those minimal international standards in their respective jurisdictions, thereby contributing to the development of the international standards themselves bottom-up. D. Grimm and B. Cooper, Sovereignty: The Origin and Future of a Political and Legal Concept (New York: Columbia University Press, 2015)