Definition of Sovereignty

Sovereignty is the supreme power to command and enforce obedience. “The supreme and absolute
power of the state”

Two Manifestations of Sovereignty:

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.

Types of State Sovereignty

a. Legal Sovereignty – Law and Constitution

b. Political Sovereignty – Electorate
c. Popular Sovereignty – People

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.

Why is Recognition important?

 Declaratory Theory of Statehood – By possessing all elements, a community would be

automatically regarded as a state.
 Constitutive Theory of Statehood – The traditional criteria for statehood would only be
considered to be satisfied by a community if an existing state recognizes the fact.

De Facto States with Limited Recognition:

1. Kosovo
2. Taiwan

Kosovo: Unilateral Secession

 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

 ROC – Kuomintang Party (1945-1971); PRC – CCP

 The idea of One China Policy could be understood in two forms:
o Only one government has the legitimate right to represent the Chinese people;
o No country is allowed to recognize the ROC and the PRC at the same time.
o Beijing’s Anti-Secessionist law.

Implications of Recognition and Non-Recognition to Statehood

 Recognition gives equal status, international rights, and ability to contract obligations.
 Non-recognition limits state capacity to provide political good to people.