The Arab Spring and the Notion of External State Sovereignty in International Law

Abstract

The notion of external sovereignty is not one that is free from contestation. Yet, it is defined in this article broadly as a state’s independence and exclusive authority over its territory and those residing upon it. The events of the Arab Spring have challenged this form of sovereignty with human rights and humanitarian law violations being discussed in various quarters. This article discusses the notion of external state sovereignty in light of these events. It dissects the notion into various relevant constituent elements of sovereign equality, protection from intervention, and the protection from the use of force and discusses how they can be discerned in the midst of the conflicts in the Arab Spring, in particular those in Libya and Syria. However, it also assesses how the events of these conflicts have impacted upon these various elements of the notion. In this respect, while it portrays external sovereignty as an enduring concept, aspects of it have been questioned and its contours have been challenged during the course of the Arab Spring. More specifically the emergence of the Responsibility to Protect concept has influenced the way in which various forms of intervention have been undertaken and judged by the international community.