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Three Elements of Sovereignty

Three Elements of Sovereignty. International legal sovereignty: recognize juridically independent territorial entities which can then enter into international agreements Westphalian/Vatellian sovereignty: do not intervene in the internal affairs of other states

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Three Elements of Sovereignty

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  1. Three Elements of Sovereignty International legal sovereignty: recognize juridically independent territorial entities which can then enter into international agreements Westphalian/Vatellian sovereignty: do not intervene in the internal affairs of other states Domestic sovereignty: Authority structures and their effectiveness

  2. Three Worlds of World Politics (after Robert Cooper) Modern world: Fully sovereign states with international legal,Westphalian/Vattelian, and reasonably effective domestic sovereignty 85 countries Postmodern world States that have effective domestic sovereignty but have used their international legal sovereignty to compromise their Westphalian/Vattelian sovereignty Mostly European Union 33 countries Premodern world Badly governed states that enjoy international legal sovereignty and may, or may not, have Westphalian/Vattelian sovereignty 37 to 73 countries, depending on which source is used

  3. Outlines of a Settlement for a Palestinian State are Clear • Borders • Some kind of arrangement for Jerusalem • No right of return to Israel • Provisions for linking West Bank and Gaza

  4. The Challenge: Creating an Effective Palestinian State • International legal sovereignty • Almost certainly not Westphalian sovereignty • Ideally a competent and democratic domestic authority structure

  5. Policy Tools • Trusteeship or Conservatorship • Intl Legal and Westphalian/Vatellian sovereignty eliminated for an extended and indefinite period • Executive authority exercised by an external actor • Unacceptable—no international legal sovereignty, no state • Transitional Administration • Usually authorized by UNSC: Executive authority exercised for a limited period by external actor; e.g. East Timor, Bosnia • Would have to be very time delimited – no international legal sovereignty, no state • Economic Incentives • Trade, Aid, Investment • Recognition Bargain • Conditions for offering international legal sovereignty

  6. Policy Tools (cont.) • Governance assistance • Assistance and training for judiciary political parties, etc. • Necessary but not sufficient • Economic Incentives • Trade, aid, investment • Will be weak because threat to withdraw may not be credible

  7. Policy Tools (cont.) • Recognition bargain • Conditions for offering international legal sovereignty • Useful for some security arrangements • Over-flight rights • Limited utility for domestic authority structures • Contracting Out • Government sets policies • Contracts with external actors for implementation. Plausible and, perhaps, inescapable

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