Modern Interpretation of the Principle of Sovereignty - Essay Example

A Modern Interpretation of the Principle of Sovereignty The concept of sovereignty has been applied traditionally, to mean the freedom of a state or a nation with no interference from other nations. Thus, it formerly represented the freedom for the national government of any country from the influence of the other foreign powers on its decisions and activities1. However, with the operation of the concept of modernity, the concept of sovereignty appears to be changing, towards focusing on the internal freedoms of the citizens within a country, as opposed to the external focus on the other governments and foreign powers. This is so because since the end of colonialism many countries and states have become less and less influenced from European countries and any external forces of other governments, leaving countries to determine their own fate through controlling their internal activities and affairs. Therefore, the traditional perspective of nations monopolizing their exercise of powers over the territory and the citizens within its boundary has been discredited as the perfect definition of sovereignty, since modernity demands for a more liberal approach to governance. Thus, with the end of colonialism and the advent of the concept of modernity, sovereignty has emerged to focus on the rights of the citizens within a country, as opposed to the rights of the nation-state or government, over its territories and its subjects 2. Sovereignty under modernity now refers to the rights of the people to access and use the natural resources within their country, without any undue interference with that right from either the government of the land or even the foreign powers. Since the end of colonialism, most of the foreign interrelationships are based on commercial, social, political and other cultural activities, which are based on the mutual respect and understanding amongst the member countries2. Thus, the traditional relationship between countries, which was based on the dominance of some countries over others has been replaced by the commercial relationship between such countries, where investors from different other countries can invest within a country where they find ample business opportunities3. However, the right to the access of the natural resources is primarily given to the citizens of the country, who have the rights to access and exploit the natural resources that are bestowed within their regions of jurisdiction, thus making the rights over the natural resources a matter of sovereignty for the people, as opposed to the powers of the governments to exercise its authority over the people. Therefore, the modern concept of sovereignty is defined in terms of the rights that the people within a country have access to the natural resources and their application for their benefits, as opposed to the application of such resources to benefit other external forces, at the expense of the people of the country within which the resources are bestowed. Therefore, the principle of sovereignty over natural resources now requires that such resources shall be applied towards the interest of national development, and the well-being of the people of the countries that has such resources 4. The principle of sovereignty over natural resources, which came about as a result of the concept of modernity started in the period after World War II, when the countries realized that the freedom of other countries from interference by others in the conduct of their internal affairs, was vital and essential for the peaceful co-existence of countries in the world3. The first aspect towards the establishment of the concept of sovereignty started with the establishment of the United Nations, which sought to enhance democracy in the world, through ensuring the non-interference in the affairs of one country by the others, where such interference is unnecessary, or where the interference is likely to interfere with the rights and freedoms of the country to govern itself without any undue interference 9. With the creation of the United Nations, the countries that were dominated and controlled by others were granted some autonomy to influence the world around them. The second aspect is that, the increased importance of natural resource such oil, which are bestowed in certain countries only meant that the whole world had to remain interdependent, since the nations of the world could not avoid to interact productively. Therefore, the productive interaction could only be achieved through the mutual respect for countries by others, so that they could continue to conduct business and other commercial investment beneficially. It is these two aspects, coupled with the end of colonialism, which brought to the end the concept of traditional sovereignty, and established a new wave of sovereignty based on mutual respect and understanding, not of the rights of the governments or states over its citizens, but of the countries over the control of its resources5. The development of the principle of sovereignty over natural resources occurred through the shift of the concept from the initial political view, to the modern legal focus. The traditional sovereignty concept dealt with the control of one country by the other, and thus sovereignty was applied to refer to the freedom of a country from the domination by the other, which was a political focus. However, with the advent of modernity, the concept and definition of sovereignty changed to the legal focus, where it now referred to the contractual agreements established between the government and its people over the use of natural resources, as well as the contractual agreements between a country and other countries or the foreign investors, over the use of the natural resources bestowed within a country6. Therefore, the current principle of sovereignty refers to the fundamental principle that the contractual rights between the parties involved, regarding the issue of natural resources utilization should be respected at all times. Therefore, the exploration, the development and the disposition of such natural resources should be undertaken on the basis requiring conformity to the rules and the conditions that the people within a nation considered to be necessary for authorizing, restricting or prohibiting such activities7. Therefore, the concept of sovereignty is now people-entered, as opposed to being nation or state-centered. The principle of sovereignty over natural resources upholds that public interest; security and utility shall be the overriding concepts in regard to the nationalization, requisitioning or expropriation of the natural resources8. Therefore, the fundamental aspect of modern sovereignty is that the interest of the people of the country from which the natural resources are to be exploited reigns supreme, over any other forms of interests. This aspect has served to redefine the concept of sovereignty, considering that traditionally, the dominating and the controlling powers could exploit and make use of the resources bestowed within a country in total disregard of the welfare of the people of the country4. However, in the modern world, the government or the state does not have the powers over the expropriation, nationalization or requisitioning of the natural resources within the country, without the due regard of the inters of the public, especially regarding the utility and the security situation of such resources7. The authorization and the use of the resources shall be done in line with the interest of the people of the country, and such earnings that are obtainable from the exploitation of the natural resources should be applied proportionately towards benefiting the people of the region that the resources are exploited. This is a clear indication that the current wave of sovereignty targets the interest of the public, without much consideration on other national interests. The principle of compensation makes it apparent, that the modern interpretation of the principle of sovereignty over natural resources refers to the rights of people, not of states, to access and use natural resources for sustainable development5. This is because, under the provisions of Permanent Sovereignty over Natural Resources, the owners of the premises or the land within which the resources are to be exploited shall be paid appropriate compensation, which is in line with the rules in force for the country involved, and also the international laws9. This underlines the superiority of the rights of the people to the access and use of the natural resources bestowed in their country, over their national government, or even other foreign powers8. The provision requires that no individual can be dispossessed of their property for use is natural resource exploitation, without being paid the due compensation for the repossession of the land by the state. In this case, the interest and the rights of an individual overrides those of the state and the government, by requiring that the state shall first adhere to the necessary rules and laws for acquiring the property that is on the hands of the public, in relation to the exploitation of the natural resources9. The principle of compensation also requires that on the event that any controversy that arises out of the issue of compensation, it should be handled in line with the practices of arbitration and adjudication. This serves to expand the rights granted to the people, and not the state in regard to the sovereignty of natural resources, where the public can still push for better resolution of the controversy, on the event that it is felt, that the compensation granted was not adequate of appropriate. Further, the provisions of the United Nations charter provide that; the violation of the rights of the people or nations over their natural resources or wealth is contrary to the principle of sovereignty 10. This is yet another aspect of the modern sovereignty, which serves to underline the significance of the rights of the people over the natural resources bestowed in their country. The United Nations charter provides that such violations entail the threat to peace of the people, who have the overriding interests over the state or the other foreign powers that could be interested in the exploitation of the natural resources6. While the violation of the sovereignty of the people over the natural rights results to a breach of peace, the violation of the sovereignty of a country regarding its natural resources threatens the spirit and principles of international development, which may in turn threaten the international relations and stability of the modern world, which is the single most sort aspect, after the World War II11. Any aspect of collaboration or cooperation between the nations is meant to foster independent national development, which in turn enhances the rights of the people to the access and use of the resources that are bestowed within their country. Thus the sovereignty of the nations with certain natural resources should be enhanced through mutual respect of states and their equality, as independent states. The rights of the people over the natural resources, as opposed to the rights of the state or governments over the same, is enshrined in the Sovereign Rights and Contracts provisions of the Permanent Sovereignty over Natural Resources10. This provision requires that state and foreign nations dealing with foreign investment agreements shall be done in line with the principle of good faith, as well as the strict and conscientious respect for the rights of the people and also nations that have the rights over the natural resources or natural wealth bestowed in the country7. This provision seeks to emphasize on the supremacy of the rights of the people over the natural resources that are found within their countries. The resolution to respect the rights of the people, in relation to their utility, security and well-being should be the principal informants of the contractual agreement that should be established11. Such contractual agreement should be based on strengthening the economic independence of the people with the rights over the natural resources, since such people upholds the inalienable rights over such resources, and can only give away their rights through a mutual consent, which entails the payment of appropriate compensation for the loss of the rights over their natural resources and wealth. Therefore, the principle of goodwill should be the universally applied principle, where the contracting parties are perceived to be operating both honestly and with integrity, in the establishment of such contractual agreements. Bibliography Blanco, Elena, and Razzaque, Jona. Globalization and Natural Resources Law Challenges, Key Issues and Perspectives. Cheltenham: Edward Elgar Pub, 2011. Desierto, Diane A. Necessity and National Emergency Clauses: Sovereignty in Modern Treaty Interpretation. Leiden: Martinus Nijhoff Publishers, 2012. Elian, George. The principle of sovereignty over natural resources. 1979. Gupta, Aman. Human Rights of Indigenous Peoples. Delhi: Isha Books, 2005. Hossain, Kamal, and Chowdhury, Subrata Roy . Permanent Sovereignty over Natural Resources in International Law. London: Pinter, 1984. Jovanovic?, Miodrag, and Henrard, Kristin. Sovereignty and Diversity. Utrecht: Eleven International Pub, 2008. May, Larry, and Brown, Jeff. Philosophy of Law: Classic and Contemporary Readings. Chichester, U.K.: Wiley-Blackwell, 2010. McFerran, Warren L. The Principles of Constitutional Government: Political Sovereignty. Gretna, Louisana: Pelican Publishing Company, 2009. United Nations. Permanent Sovereignty Over Natural Resources: The Exercise of Permanent Sovereignty Over Natural Resources and the Use of Foreign Capital and Technology for Their Exploitation : Report of the Secretary-General. [S.l.]: United Nations, 1970. United Nations (b). The Status of Permanent Sovereignty Over Natural Wealth and Resources. 1960. Schrijver, Nico. Sovereignty Over Natural Resources: Balancing Rights and Duties. Cambridge: Cambridge University Press, 2008. Sornarajah, M. The International Law on Foreign Investment. Cambridge: Cambridge University Press, 2010. Read More