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Sovereignty
Sovereignty
Sovereignty is the supreme power to command and enforce obedience. “The supreme and absolute
power of the state”
a. Internal Sovereignty – The supreme authority of the state with its jurisdiction.
b. External Sovereignty – Relates to the recognition on the part of other states.
Characteristics of Sovereignty
1. Absolute – It is not subject to any restriction by other power. No one is above the state.
2. Comprehensive – It extends its power to the people (regardless if a citizen or not)
3. Permanent (Inherent powers of the state) – As long as the state exists so does sovereignty.
Police Power
Power of Eminent Domain
Power of Taxation
4. Indivisible – Power is only to the State. You cannot share sovereignty to another entity.
1. Kosovo
2. Taiwan
Main Issue: Whether it has the right to become a sovereign state under unilateral secession
which has long been condemned in the international community as respect to the principle of
territorial integrity of each independent state.
o 3/5 Permanent members of SC recognized Kosovo on the grounds of “sul generis”
(remedial right).
o Others – defended the principle of territorial integrity and has secessionist problem at
home.
o Secession – separation from the mother country.
Taiwan: One China Policy
Recognition gives equal status, international rights, and ability to contract obligations.
Non-recognition limits state capacity to provide political good to people.