QUESTION: Explain the concept of Nationality and distinguish between Nationality and Citizenship.

(2019)

ANSWER: The concept of nationality is a legal bond that connects a person to a state, usually based on
their place of birth, descent, naturalization, or other criteria. Nationality grants a person certain rights
and obligations, such as the right to a passport, the right to diplomatic protection, the duty to obey the
laws, and the duty to pay taxes. Nationality also implies a sense of belonging and identity, as well as a
shared culture, history, and values with other nationals of the same state1

Citizenship, on the other hand, is a political status that indicates the participation and representation of
a person in the state’s affairs, such as the right to vote, the right to run for office, the right to access
public services, and the right to enjoy civil and political rights. Citizenship can be seen as a subset of
nationality, as not all nationals are necessarily citizens, and not all citizens are necessarily nationals. For
example, some states grant citizenship to residents who are not nationals, such as permanent residents,
refugees, or stateless persons. Some states also deny citizenship to nationals who are considered
undesirable, such as ethnic minorities, dissidents, or criminals

The distinction between nationality and citizenship is not always clear, as different states have different
definitions and regulations of these terms. Moreover, different disciplines and languages may use these
terms differently or interchangeably. For example, in international law, nationality is the main term used
to describe the legal relationship between a person and a state, while citizenship is often used
synonymously or as a subcategory of nationality. In political science, citizenship is the main term used to
describe the political rights and duties of a person in a state, while nationality is often used to refer to
the ethnic or cultural identity of a person. In some languages, such as French, Spanish, and German,
there is only one word for both concepts, such as nationalité, nacionalidad, and Staatsangehörigkeit3

Some of the books written by Western scholars and writers on the topic of nationality and citizenship
are:

1-Nationality and Citizenship in Revolutionary France: The Treatment of Foreigners 1789-1799 by

Michael Rapport: This book examines how the French Revolution transformed the concept of nationality
and citizenship in France and Europe, and how it affected the rights and status of foreigners, immigrants,
refugees, and exiles. The book explores the debates and policies of the revolutionary government and
the reactions and experiences of the foreign population4

2-Citizenship and Nationhood in France and Germany by Rogers Brubaker: This book compares and
contrasts the historical and contemporary models of citizenship and nationhood in France and Germany,
and analyzes how they have shaped the integration and exclusion of immigrants and minorities. The
book argues that France has adopted a republican and assimilationist model of citizenship, while
Germany has adopted an ethnic and differentialist model of nationhood5

3-The Human Right to Citizenship: A Slippery Concept by Rhoda E. Howard-Hassmann and Margaret
Walton-Roberts: This book explores the concept and practice of citizenship as a human right in the
context of globalization, migration, statelessness, and human security. The book examines the legal,
political, and moral implications of granting or denying citizenship to various groups of people, and the
challenges and prospects of implementing the right to citizenship at the national and international levels.

QUESTION: Discuss in detail the concept of sovereignty and explain its attributes. (2015)

ANSWER: The concept of sovereignty is a legal and political term that refers to the supreme authority
and power of a state over its territory, population, and affairs. Sovereignty is one of the most important
and controversial concepts in international relations, as it defines the rights and responsibilities of states
in relation to each other and to the international community. Sovereignty has a long and complex
history, and its meaning and application have changed over time and across different contexts.

Some of the main characteristics or attributes of sovereignty are:

1-Permanence: Sovereignty is a permanent and continuous attribute of a state, unless it is voluntarily

surrendered or forcibly taken away by another state or entity. Sovereignty does not depend on the
recognition or approval of other states, although recognition may enhance the legitimacy and security of
a sovereign state.

2-Exclusiveness: Sovereignty is an exclusive and non-transferable attribute of a state, meaning that no

other state or entity can claim or exercise sovereignty over the same territory or population. Sovereignty
also implies the right and duty of a state to defend its sovereignty from any external interference or
aggression.

3-All-comprehensiveness: Sovereignty is an all-comprehensive and all-encompassing attribute of a state,

meaning that it covers all aspects and domains of the state’s existence and activity, such as political,
legal, economic, social, cultural, and military. Sovereignty also implies the right and duty of a state to
regulate and manage its internal and external affairs according to its own interests and values.

4-Inalienability: Sovereignty is an inalienable and imprescriptible attribute of a state, meaning that it

cannot be given up or taken away by any means, such as contract, treaty, or prescription. Sovereignty
also implies the right and duty of a state to preserve and protect its sovereignty from any internal or
external threats or challenges.

5-Unity: Sovereignty is a unified and indivisible attribute of a state, meaning that it cannot be divided or
shared with any other state or entity, such as a federation, confederation, or union. Sovereignty also
implies the right and duty of a state to maintain and strengthen its unity and cohesion as a political and
legal entity.

6-Absoluteness: Sovereignty is an absolute and unlimited attribute of a state, meaning that it is not
subject to any higher or lower authority or power, such as a supranational or subnational organization,
or a divine or natural law. Sovereignty also implies the right and duty of a state to exercise its sovereignty
without any restriction or constraint, as long as it does not violate the sovereignty of other states or the
rights of its own people.

Some of the books written by Western scholars and writers on the topic of sovereignty and its attributes
are:

1-Sovereignty: Organized Hypocrisy by Stephen D. Krasner: This book examines how the concept and
practice of sovereignty have been shaped by historical and contemporary realities, and how they have
often contradicted each other. The book argues that sovereignty is a social construct that is based on
four principles: domestic authority, interdependence, international legal sovereignty, and Westphalian
sovereignty. The book also analyzes how states have used sovereignty to pursue their interests and goals,
and how they have faced various challenges and dilemmas in doing so1

2-The Sovereignty Paradox: The Norms and Politics of International Statebuilding by Dominik Zaum:
This book explores how the international community has tried to promote and support statebuilding and
sovereignty in post-conflict and fragile states, and how this has often resulted in paradoxical and
contradictory outcomes. The book argues that statebuilding and sovereignty are normative and political
processes that are influenced by the interests and values of the actors involved, and that they often clash
with the realities and needs of the local people and institutions. The book also discusses the implications
and consequences of these processes for peace, security, and development2

3-Sovereignty: The Evolution of an Idea by Robert Jackson: This book provides a historical and
theoretical overview of the concept and reality of sovereignty, and how it has evolved and adapted to
different contexts and circumstances. The book traces the origins and development of sovereignty from
ancient times to the present day, and examines how sovereignty has been influenced by various factors,
such as religion, culture, law, war, and globalization. The book also evaluates the relevance and future of
sovereignty in the contemporary world.

QUESTION: Why monastic or absolute concept of sovereignty has been abandoned? Analyze legal
concept of sovereignty. (2020)

ANSWER: The monistic or absolute concept of sovereignty has been abandoned for several reasons.

Some of them are:

1- The rise of globalization and interdependence among states, which have challenged the traditional
notion of sovereignty as exclusive and non-transferable authority over a territory and population.

2-The emergence of human rights and humanitarian norms, which have limited the sovereignty of states
that violate the rights and dignity of their own people or other peoples.

3-The development of supranational and regional organizations, such as the United Nations, the
European Union, and the African Union, which have created new forms of political authority and
integration beyond the state, and have required states to share or delegate some aspects of their
sovereignty.

4-The recognition of the diversity and pluralism of political communities, which have questioned the
sovereignty of states that oppress or exclude minorities, indigenous peoples, or self-determination
movements.
5-The legal concept of sovereignty is the conception of sovereignty in terms of law, and it refers to that
person or body of persons who, by law, have the power to issue final commands. In every state, there
must be some authority that is determinate and visible, and that commands all and is the final authority.
Such an authority is known as the legal sovereign, and its authority is supreme and final over all
individuals and associations. No one has the legal right to act contrary to the decisions of the legal
sovereign, and the courts recognize and apply only the law that emanates from the legal sovereign5.

Some of the books written by Western scholars and writers on the legal concept of sovereignty are:

1- The Power of Language in the Making of International Law: The Word Sovereignty in Bodin and
Vattel and the Myth of Westphalia by Stéphane Beaulac: This book examines the role of language and
rhetoric in the construction and evolution of the concept of sovereignty in the writings of Jean Bodin and
Emer de Vattel, two influential legal theorists of the 16th and 18th centuries. The book argues that the
concept of sovereignty was not a fixed and universal principle, but a contingent and contextual product
of linguistic practices and discursive strategies.

2- Sovereignty in Transition edited by Neil Walker: This book explores the implications of the changing
nature and meaning of sovereignty for legal and political theory. The book brings together contributions
from various disciplines and perspectives, and covers topics such as the relationship between
sovereignty and democracy, human rights, globalization, federalism, and constitutionalism.

3- The Concept of Sovereignty Revisited by Jens Bartelson: This book provides a historical and
theoretical overview of the concept of sovereignty, and how it has been shaped by historical and
contemporary realities. The book argues that sovereignty is a social construct that is based on four
principles: domestic authority, interdependence, international legal sovereignty, and Westphalian
sovereignty. The book also analyzes how states have used sovereignty to pursue their interests and goals,
and how they have faced various challenges and dilemmas in doing so.

The theoretical application of political science philosophers to the concept of sovereignty and its
attributes:

1- One of the most influential political philosophers who discussed the concept of sovereignty was
Thomas Hobbes (1588-1679), who wrote his famous book Leviathan in 1651. Hobbes argued that in the
state of nature, human beings are driven by their passions and self-interest, and live in a constant state
of war and fear. To escape this miserable condition, they agree to surrender their natural rights and
liberties to a sovereign authority, who has the absolute and unlimited power to make and enforce laws,
and to protect and preserve the peace and order of the society. Hobbes called this authority the
Leviathan, and he considered it to be the only source and guarantee of sovereignty. Hobbes also claimed
that the sovereign authority is not bound by any law or contract, and that the subjects have no right to
resist or rebel against it, unless their lives are threatened. Hobbes’s theory of sovereignty is often seen as
a justification of absolutism and dictatorship, and as a denial of democracy and human rights.
2- Another important political philosopher who addressed the concept of sovereignty was John Locke
(1632-1704), who wrote his Two Treatises of Government in 1689. Locke challenged Hobbes’s view of
human nature and the state of nature, and argued that human beings are rational and social creatures,
who have natural rights to life, liberty, and property. Locke also argued that in the state of nature, human
beings are governed by the law of nature, which is based on reason and morality, and which obliges
them to respect and protect the rights of others. Locke maintained that human beings form a civil
society and a government by a social contract, in which they delegate some of their rights and powers to
a representative and limited authority, who has the duty to protect and promote the common good and
the public interest. Locke also asserted that the authority is accountable to the people, and that the
people have the right to consent to the laws, to participate in the government, and to resist or
overthrow the authority if it violates the social contract or becomes tyrannical. Locke’s theory of
sovereignty is often seen as a foundation of liberalism and democracy, and as an affirmation of human
rights and constitutionalism2.

3- A third influential political philosopher who dealt with the concept of sovereignty was Jean-Jacques
Rousseau (1712-1778), who wrote his The Social Contract in 1762. Rousseau criticized both Hobbes and
Locke, and argued that human beings are naturally good and free, but they are corrupted and enslaved
by the artificial and unequal society. Rousseau also argued that human beings cannot transfer their
natural rights and powers to a sovereign authority, as Hobbes and Locke suggested, because that would
mean losing their freedom and dignity. Rousseau proposed that human beings form a political
community and a government by a social contract, in which they agree to obey the general will, which is
the expression of the common interest and the collective sovereignty of the people. Rousseau also
claimed that the general will is always right and just, and that it cannot be represented or delegated to
any authority, but it must be directly exercised by the people through direct democracy. Rousseau’s
theory of sovereignty is often seen as a source of republicanism and populism, and as a challenge to
individualism and elitism.

These are some of the main political philosophers who have contributed to the theoretical application of
the concept of sovereignty and its attributes. , There are many others who have also discussed and
debated this topic, such as Montesquieu, Kant, Hegel, Marx, Weber, Schmitt, ArendtFoucault, and
Habermas, among others.