The Principle of Sovereignty, Jurisdiction and Ireland’s Relationship with Europe

Abstract

This essay briefly examines the past, present and future of the principle of sovereignty from an Irish perspective. It explores the different forms of sovereignty, and how this principle has been challenged. It discusses how sovereignty has been interpreted and utilised in contemporary international law. To do so, the paper focuses on extraterritorial and universal jurisdiction and the right to self-determination. It attempts to understand the limits of the principle through the decisions of both Irish and international courts. The history of Ireland makes it a useful case study. After being linked to Britain for centuries, the Republic of Ireland became a sovereign state in the middle of the twentieth century. Only a few decades later, the sovereignty of the state was again altered as it entered the European Economic Community (EEC), now the European Union (EU) and this relationship will be discussed. Other international treaties have further altered its sovereign status. The paper also assesses a contemporary Irish problem; specifically the financial bailout, which also had an impact on its sovereignty. Potential implications from the United Kingdom’s vote to leave the European Union will also be examined. Finally it will consider the future of sovereignty and its interpretation in the Irish courts. Debate as to what the future holds for this principle, and how the courts many interpret it in forthcoming cases.