De Jure Sovereignty
Submitted By:-
Shyam Agrawal
UID:-
UG23-97
B.A.LL.B (Hons)
Submitted To:-
Prof. Dr. Madhukar Sharma
MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR
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TABLE OF CONTENTS
SR.NO. PARTICULARS PG.NO.
1 INTRODUCTION 3
2 RESEARCH METHODOLOGY 4
3 RESEARCH OBJECTIVE 4
4 RESEARCH QUESTION 5
5 THE EVOLUTION OF DE JURE SOVEREIGNITY 6
6 CONCEPTUAL FRAMEWORK 7
7 THEORATICAL PERSPECTIVES ON DE JURE SOVEREIGNITY 8
8 CONTEMPRORY CHALLENGES 9
9 HUMAN RIGHTS AND DE JURE SOVEREIGNITY 10
10 REGIONAL PERSPECTIVES 11
11 DE JURE SOVEREIGNITY IN INTERNATIONAL COOPERATION 12
12 FUTURE PROSPECTS AND EMERGING CHALLENGES 13
13 CONCLUSION 14
14 BIBLIOGRAPHY 16
INTRODUCTION
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The idea of sovereignty serves as a key tenet on which the modern world is built in the complex
web of international relations and political theory. However, the concept of "sovereignty" has
evolved in subtle ways, incorporating both de facto and de jure dimensions 1. The idea of "De
Jure Sovereignty" stands out among them as a profound and complex idea that explores the core
of legitimate state authority.
By Law a state's authority within its clearly defined territorial boundaries and its independence in
running its affairs are recognized and acknowledged in formal, legal terms as its sovereignty. It
depends on a state being acknowledged as a legitimate self-governing entity by other states,
international organizations, and the larger global community. This complex aspect of sovereignty
goes beyond the straightforward use of force; it captures the very essence of legitimacy, legality,
and the rule of law in international relations.
This project begins a thorough investigation of De Jure Sovereignty, looking at its philosophical
foundations, historical roots, and current significance in a time of complex interdependence and
the rise of transnational challenges. In order to unravel the complex web of De Jure Sovereignty
and shed light on its implications for the contemporary world, the project delves into the
complexities of international law, diplomatic protocol, and the intricate dynamics between state
entities.
We will examine the theoretical underpinnings established by illustrious political theorists,
scholars of law, and specialists in international relations who have struggled with issues relating
to the legitimacy of state authority throughout this endeavor. The project will also shed light on
how De Jure Sovereignty must coexist with the changing context of human rights, humanitarian
interventions, and the duty to protect.
1
McConnell, Fiona. "Sovereignty." The Ashgate research companion to critical geopolitics. Routledge,
2016. 109-128.
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A more thorough understanding of De Jure Sovereignty is becoming more and more important as
the world navigates through shifting power dynamics, emerging technologies, and evolving
norms.
RESEARCH METHODOLOGY
This research report was written using the doctrinal research methodology. A number of study
articles were cited by the researcher in order to learn more about Indian law, society, and the
history and efficacy of social control. In addition to employing the descriptive research
methodology, the author acquired secondary sources from academic articles, books, journals,
government gazettes, daily newspapers, relevant websites, and other sources.
RESEARCH OBJECTIVE
1. Historical Development: To examine the origins, growth, and evolution of the idea of De
Jure Sovereignty over time. To identify significant occasions and turning points that have
influenced how this idea has been interpreted in the context of international relations.
2. Clarification of Concept: To provide a thorough and nuanced conceptual clarification of
De Jure Sovereignty, illuminating its fundamental elements, distinctive characteristics,
and its interaction with related concepts like De Facto Sovereignty, statehood,
international law, and legitimacy.
3. Theoretical Frameworks: In order to understand legitimate state authority and the
function of recognition in the international system, it is important to analyze and critically
evaluate the theoretical frameworks that political philosophers, legal scholars, and
theorists of international relations have put forth in relation to De Jure Sovereignty.
4. The objective is to examine the influence of the concept of de jure sovereignty on
international cooperation among states in addressing shared challenges and pursuing
common goals, with a specific focus on how this influence relates to the potential future
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prospects and emerging challenges that may impact state authority and autonomy as
global dynamics evolve.
RESEARCH QUESTIONS
1. How has the concept of de jure sovereignty evolved over time in response to changing
geopolitical, technological, and societal dynamics, and what are the main components
and theoretical foundations that make up the conceptual framework of de jure
sovereignty, influencing how state power is seen and exercised in a world that is
changing quickly?
2. What do constructivism, realism, and liberalism, among other theoretical stances,
contribute to our understanding of de jure sovereignty and its implications for state
behavior and international relations, particularly in light of the most significant
contemporary challenges that threaten traditional sovereignty concepts and affect the
authority, autonomy, and decision-making of modern states on the global stage?
3. To what extent do debates on human rights, interventions for their protection, and the
need to balance state sovereignty with the responsibility to prevent and address human
rights violations intersect with the way different regions around the world interpret and
apply the concept of de jure sovereignty within their specific geopolitical contexts?
4. How does the influence of the concept of de jure sovereignty on international cooperation
among states in addressing shared challenges and pursuing common goals relate to the
potential future prospects and emerging challenges that may impact state authority and
autonomy as global dynamics evolve?
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THE EVOLUTION OF DE JURE SOVEREINTY
The historical development and transformation of the idea of sovereignty as it is acknowledged
and established through formal and legal means is referred to as the evolution of de jure
sovereignty. De jure sovereignty refers to a state's or a governing body's rightful and
acknowledged control over a particular territory and its populace. The idea has changed over
time as a result of political, legal, and historical developments. Here's a general timeline of its
development2:
1. Pre-17th century Feudal Era and Absolutism: In medieval Europe, sovereignty was
frequently linked to the power of monarchs and feudal lords. The idea of the "sovereign
as ruler" evolved, according to which a king had absolute power over a region and its
inhabitants. The Westphalian system, which defined the fundamental values of state
sovereignty and non-interference in other nations' internal affairs, emerged during this
time.
2. The Peace of Westphalia (1648) represented a turning point in the development of
sovereignty. This system is known as the Westphalian System. The pact put an end to the
Thirty Years' War and the Eighty Years' War, which helped establish the sovereignty of
each independent state and the non-interference concept. The contemporary state system
was founded on this incident.
3. The notion of sovereignty was put to the test throughout the Age of Exploration and
colonial expansion when European nations acquired authority over regions all over the
world. This sparked discussions about colonial rule's legitimacy and the rights of
indigenous peoples. Concerns about autonomy and self-determination entangled
sovereignty.
4. Decolonization (20th Century): As former colonies attained freedom and sovereignty, the
20th century saw a tremendous change. The international community's acceptance of
2
Fowler, Michael Ross, and Julie Marie Bunck. Law, power, and the sovereign state: the evolution and
application of the concept of sovereignty. Penn State Press, 2010.
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newly established countries as de jure sovereign entities served as a milestone in the
decolonization process.
CONCEPTUAL FRAMEWORK
De jure sovereignty is the idea that a government or political institution has the rightful control
and power over a territory, its people, and its resources. It contrasts with de facto sovereignty 3,
which refers to the actual power and influence a government possesses even if it may not be
recognized by the law. The Latin phrase "de jure" means "by law."
The conceptual framework of de jure sovereignty encompasses several key elements:
1. De jure sovereignty frequently entails official acknowledgment by foreign nations, non-
governmental organizations, or other bodies. Recognition denotes that the government or
political organization is regarded as the territory's and its people's legal representation in
the international community. From complete diplomatic recognition to partial or
conditional recognition, the degree of recognition can vary.
2. Territorial Integrity4: According to the legal definition of sovereignty, a state is
considered to have legitimate control over a certain region of land. This includes the
authority to enact and uphold laws, administer resources, and regulate borders. A state's
de jure sovereignty may be compromised by any attempt to compromise its geographical
integrity.
3. Constitutional Basis: De jure sovereignty is often founded on a constitution or legal
framework that specifies the composition of the government, the duties and rights of the
populace, and how the various departments and levels of government are to be divided up
into.
4. Effective Control: While de jure sovereignty emphasizes the formal and legal features of
government, it is frequently dependent on a government's capacity to exercise effective
3
Colangelo, Anthony J. "De Facto Sovereignty: Boumedience and Beyond." Geo. Wash. L. Rev. 77
(2008): 623.
4
El Ouali, Abdelhamid. "Territorial integrity: Rethinking the territorial sovereign right of the existence of the
states." Geopolitics 11.4 (2006): 630-650.
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control over its territory and populace. The ability of the government to deliver basic
services, uphold law and order, and exercise power inside its boundaries is a must.
THEORATICAL PERSPECTIVES ON DE JURE SOVERIGNITY
Political science, international relations, and legal studies all have theories that have been used to
evaluate and interpret the idea of de jure sovereignty. These viewpoints offer several views
through which to comprehend the characteristics, ramifications, and difficulties of de jure
sovereignty. Here are some important theoretical viewpoints:
1. Realism5: Realist views place a strong emphasis on the part that state interests and power
play in international affairs. Realistically speaking, a state's capacity to establish its
authority and defend its interests in a cutthroat international environment is reflected in
its de jure sovereignty. Realists could contend that a state's military prowess 6, economic
prowess, and international alliances have an impact on whether its de jure sovereignty is
recognized. In accordance with realism, de jure sovereignty is likewise susceptible to
change due to changes in the balance of power.
2. Liberalism7: Liberal ideologies place a strong emphasis on global institutions, norms, and
collaboration. Liberals emphasize the significance of nations upholding international
rules and treaties and see de jure sovereignty as a fundamental component of the
international legal system. According to a liberal viewpoint, a state's support for
democracy, the rule of law, and human rights is directly related to the acknowledgment of
its de jure sovereignty. Liberals could support using diplomacy, negotiations, and global
institutions to advance de jure sovereignty.
3. Constructivism: Constructivist theories concentrate on how concepts, standards, and
identities shape international interactions. Constructivists contend that social
5
Moses, Jeremy. "Sovereignty as irresponsibility? A Realist critique of the Responsibility to
Protect." Review of International Studies 39.1 (2013): 113-135.
6
Nicolosi, Salvatore Fabio. "Law of Military Occupation and the Role of de jure and de facto
Sovereignty." polish yearbook of international law 31 (2011): 165-187.
7
Prokhovnik, Raia. "The state of liberal sovereignty." The British Journal of Politics and International
Relations 1.1 (1999): 63-83.
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constructions and widespread ideas have an impact on de jure sovereignty in addition to
physical reasons. They could look at how international discourse has changed over time
and how it might have an influence on how de jure sovereignty is recognized.
Constructivists emphasize how state identity and global standards play a role in
determining the legality of de jure sovereignty.
CONTEMPRARY CHALLENGS TO DE JURE SOVERIGNITY
In the modern world, the concept of de jure sovereignty faces a range of complex challenges that
stem from shifts in global dynamics, technological advancements, and evolving norms of
governance. Some of the contemporary challenges to de jure sovereignty include8:
1. Globalization and Interdependence: In a globalized world, the interdependence of
economies, civilizations, and cultures may make it more difficult for governments to
completely exercise their de jure sovereignty. Global supply networks, multinational
enterprises, and institutions of finance all have a substantial impact on national politics
and decision-making.
2. International Organizations and Treaties: In exchange for participation and advantages,
joining international organizations and ratifying treaties may force governments to
sacrifice some of their sovereignty. While these agreements frequently seek to encourage
collaboration and shared objectives, they may restrict a state's capacity to make decisions
on its own.
3. Human Rights and Intervention: The increasing focus placed on human rights by the
international community may cause conflicts between the obligation to defend
populations from mass crimes and de jure sovereignty. Humanitarian interventions that
are justified by the need to stop violations of human rights may violate the rule against
interfering in a state's internal affairs.
8
Tierney, Stephen. "Reframing Sovereignty?: Sub-state national societies and contemporary challenges
to the nation-state." Political Liberalism and Plurinational Democracies. Routledge, 2012. 115-138.
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4. Cyber security and Digital Space: As cyberspace expands, old ideas of territorial
sovereignty are put to the test. It is challenging for nations to adequately defend their
digital infrastructure and exert control over the virtual sphere since cyber-attacks, data
breaches, and online misinformation operations can come from anywhere in the globe.
HUMAN RIGHTS AND DE JURE SOVERIGNITY
Human rights and de jure sovereignty have a complicated and frequently tense connection.
Human rights are the fundamental freedoms and rights that every person has by birth, regardless
of their race, nationality, or any other status. On the other hand, de jure sovereignty refers to a
state's acknowledged and lawful control over its people and territory. There are many difficulties
and conundrums that might arise when attempting to balance the notion of de jure sovereignty
with the ideals of human rights. Here are some important things to think about9:
1. Treaties and obligations relating to human rights: States frequently voluntarily sign
international treaties and conventions relating to human rights, pledging to preserve
particular standards of human rights within their jurisdictions. A state's total de jure
sovereignty may be constrained by these duties since they force them to follow
international laws and standards.
2. International human rights law: When it comes to violations of human rights,
international human rights law offers a framework that establishes restrictions on the
exercise of sovereignty by a state. The human rights of its population are required to be
respected, safeguarded, and upheld by states, and transgressions can result in
international criticism and repercussions.
3. Humanitarian Interventions: The conflict between sovereignty and human rights is
highlighted by instances of humanitarian interventions, in which governments or
international organizations employ force to halt or prevent violations of human rights.
9
Lafont, Cristina. "Sovereignty and the international protection of human rights." Journal of Political
Philosophy 24.4 (2016): 427-445.
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Even if they are done to defend human rights, these interventions might be considered as
a breach of de jure sovereignty.
4. International organizations, NGOs, and human rights watchdogs all contribute to the
monitoring and reporting of violations of human rights. Their acts can draw attention to
wrongdoing and put pressure on nations to make amends, even if it means infringing on
de jure sovereignty.
REGIONAL PERSPECTIVES ON DE JURE SOVERIGNITY
Regional perspectives on de jure sovereignty can vary significantly based on historical, cultural,
political, and economic factors unique to each region. Different regions of the world have
distinct approaches and viewpoints regarding the concept of de jure sovereignty. Here are some
examples of regional perspectives on de jure sovereignty:
1. Europe10:
Colonialism, decolonization, and the aftermath of World War II all contributed to
important historical changes in the boundaries, sovereignty, and statehood of European
states. A singular instance of member states combining parts of their sovereignty to form
a supranational organization is the European Union (EU). This calls into question how de
jure sovereignty and the power of regional institutions should be balanced.
2. Africa:
The colonial past, which resulted in artificial borders and intricate ethnic and territorial
disputes, frequently shapes African ideas on de jure sovereignty. While some African
governments may support separatist movements based on demands for self-
determination, others may place a higher priority on preserving territorial integrity and de
jure sovereignty.
3. Asia11:
10
Nguyên-Duy, Iris. "Sovereignty and Europe–The British Perspective." Europe en formation 2 (2013): 79-
96.
11
Higgott, Richard. "De facto and de jure regionalism: the double discourse of regionalism in the Asia
Pacific." Global Society: Journal of Interdisciplinary International Relations 11.2 (1997): 165-183.
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Due to the region's complicated geopolitical dynamics, rich history, and cultural
variations, Asian viewpoints on de jure sovereignty can range greatly. Challenges to de
jure sovereignty in the face of rival territorial claims and historical legacies are
highlighted by disputes over specific regions, such as those involving the South China
Sea and Kashmir.
4. North America12:
In North America, the United States, Canada, and Mexico maintain strong de jure
sovereignty while participating in various regional agreements, such as the North
American Free Trade Agreement (NAFTA) and the United States-Mexico-Canada
Agreement (USMCA).
DE JURE SOVERIGNITY IN INTERNATIONAL COOPERATION
In the context of international cooperation, de jure sovereignty is important because it serves as
the basis for interactions between nations to handle shared problems, seek common objectives,
and advance shared interests. International cooperation entails the voluntarily working together
of sovereign governments13 to accomplish goals that may be challenging or impossible to
accomplish alone. Here is how international cooperation and de jure sovereignty interact:
1. Mutual Consent and Agreements: The notion of state consent in international relations is
emphasized by de jure sovereignty. Based on their own judgment, states sign
international treaties, conventions, and accords. States freely undertake to respect their
duties under these accords, which form the foundation for cooperation.
2. International Organizations: Sovereign governments frequently join forces to create
international organizations and agencies that promote collaboration on a range of
12
McNeil, Kent. "Sovereignty and indigenous peoples in North America." UC Davis J. Int'l L. & Pol'y 22
(2015): 81.
13
Fowler, Michael Ross, and Julie Marie Bunck. "What constitutes the sovereign state?." Review of
International Studies 22.4 (1996): 381-404.
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subjects, including the United Nations, the World Trade Organization, the World Health
Organization, and regional groups like the European Union. States can collaborate
through these groups to address global concerns.
3. International cooperation between states is possible to support countries in need with both
humanitarian relief and development assistance. States' willingness to accept foreign help
and assistance on their soil while retaining their sovereign authority might be influenced
by de jure sovereignty.
4. International conventions, laws, and standards that governments acquiesce to guiding
international cooperation. States frequently conform their behavior to these standards
while retaining de jure sovereignty in order to promote stability, encourage collaboration,
and uphold common ideals.
FUTURE PROSPECTS AND EMERGING CHALLENGES
De jure sovereignty is the official and statutory acknowledgement of a state's dominance and
control over its citizens and territory. Future possibilities and new difficulties associated to de
jure sovereignty might take many different forms, as with any complicated notion. Here are some
possible problems and future prospects:
Future Prospects:-
1. Technological Developments: Technological developments, particularly in the fields of
communication, surveillance, and combat, may have an impact on how governments
exercise their de jure sovereignty. States may place more emphasis on cyber security and
digital sovereignty as they try to maintain control over their virtual domains.
2. Global Governance and Multilateralism: With the emergence of worldwide issues like
climate change, pandemics, and migration, there may be a greater emphasis on
multilateralism and international cooperation. New types of sovereignty that incorporate
shared governance and the sharing of authority may result from this.
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Emerging Challenges:-
1. Globalization and Interdependence: The old idea of de jure sovereignty may be put to the
test by the growing interdependence of economies, cultures, and communities.
International organizations or agreements may need to be given some jurisdiction by
governments due to cross-border problems, global supply chains, and multinational
enterprises.
2. Information warfare and cyber security: The digital era has brought new threats to
sovereignty, including as hacking, misinformation operations, and cyber-attacks. Beyond
conventional geographical lines, collaboration and coordination are needed to defend
against these dangers.
CONCLUSION
The study of De Jure Sovereignty has shown a vast and intricate world that goes beyond the
simple exercise of authority inside national borders. This research explored the theoretical
underpinnings, legal complexities, historical development, and current issues of legitimate state
authority, illuminating the crucial role that recognition plays in creating the global system we
live in today.
From the beginnings of statehood to the complexities of contemporary recognized rules, the
historical path charted the development of De Jure Sovereignty. It became clear that while
sovereignty has always been a part of the state system, the standards and processes for granting
recognition have changed throughout time, reflecting the shifting trends in world politics,
diplomacy, and the law.
The layers of De Jure Sovereignty were revealed through a rigorous conceptual examination,
which also highlighted how it interacts with legitimacy, international law, and the delicate
balance between state rights and obligations. We were able to see the significant significance of
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accepting state power via a variety of lenses thanks to the viewpoints of political philosophers,
legal experts, and international relations theorists.
The complicated procedures of state recognition, non-recognition, and the ramifications of state
succession were made clear by the legal and diplomatic features of De Jure Sovereignty. We saw
how international conventions, treaties, and accords have evolved into crucial tools for
determining whether a state is recognized as legitimate and how refusing to recognize a state can
have diplomatic and geopolitical repercussions.
The research examined the intricate relationships between De Jure Sovereignty and new
concerns including humanitarian interventions, state instability, and the global scope of
transnational difficulties in the context of contemporary circumstances. It became clear that De
Jure Sovereignty is a cornerstone and a fluid idea that may change to fit the needs of statehood
and international relations.
One of the main issues is the precarious balance between human rights and De Jure Sovereignty.
The research looked at how nations balance honoring their duties under international human
rights frameworks while defending their sovereign rights, highlighting the underlying
contradiction between state power and the defense of basic rights.
By highlighting how cultural, historical, and geopolitical circumstances affect the acceptance and
use of legitimate state power in various regions of the world, regional views offered dimension to
the research. Comparative research showed that while the idea of De Jure Sovereignty is still
universal, different locations have different interpretations and ramifications for it.
The significance of de jure sovereignty in international cooperation and its ramifications for
diplomacy, multilateralism, and collective security mechanisms highlighted the complex web of
connections that recognition creates in the international sphere. The research proved that the key
to successful international collaboration and conflict resolution is the acceptance of state
legitimacy.
Emerging technologies' benefits and risks, altering global governance paradigms, and changing
norms must all be taken into account as we think about the future. The initiative conjectured
about probable outcomes and emphasized the necessity for flexible tactics that protect De Jure
Sovereignty in a globalized environment.
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De Jure Sovereignty has been thoroughly examined, and this has shown its ongoing importance
in the complex web of international relations. It is a notion that weaves together history, law,
philosophy, and diplomacy, affecting how states interact and impacting the maintenance of
international stability. This initiative adds to the continuing discussion on state legitimacy,
diplomacy, and the dynamics of power in a world that is fast changing by providing light on its
intricacies and ramifications.
BIBLIOGRAPHY
Articles:-
1. https://www.britannica.com/topic/de-jure
2. https://www.jstor.org/stable/2192880
3. https://arcade.stanford.edu/rofl/indivisibility-sovereignty
4. "Definition of 'de facto' adjective from the Oxford Advanced Learner's
Dictionary". OxfordLearnersDictionaries.com. Oxford University Press. Retrieved 11
July 2016.
Books:-
1. De Facto States: The Quest for Sovereignty
2. Rousseau, Jean-Jacques (2017) [1762]. The Social Contract (PDF). Jonathan Bennett
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