State Sovereignty Research Articles

Guardians of integration? The Constitutional Court of Colombia and regionalism in the age of populism

This article examines how the Constitutional Court of Colombia (CCC) balances its role as guardian of the Colombian constitutional order while engaging in regional integration processes across Latin America. Through an analysis of constitutional theory, institutional development and the Colombian political context since 1991, the study explores how the Court interprets constitutional integration clauses while navigating increasing populist pressures. Moving beyond reductionist views of populism as mere demagoguery, the article analyses case studies of two contrasting populist leaders: conservative authoritarian Álvaro Uribe (2002–10) and progressive reformist Gustavo Petro (2022–26). By examining the theoretical foundations of constitutional guardianship and the institutional framework within which the Court operates, this analysis highlights the complex relationship between constitutional courts, regional integration and populist challenges in Latin America. The findings demonstrate how the CCC has developed judicial approaches that, while focused on domestic constitutional matters, contribute to broader regional judicial discourse. This theoretical exploration underscores how constitutional courts can shape regional integration processes while safeguarding their domestic institutional legitimacy. The Colombian experience offers valuable insights into the evolving role of constitutional courts in balancing national sovereignty with regional legal developments in an era of rising populism.

Archaeological Ethnography of Indigenous Heritage Rights: Emergent Realities around the Petroglyph of the ‘Chiqui’ in Amaicha del Valle (NW Argentina)

Abstract This article aims to contribute to an ethical and post-disciplinary reflection in indigenous and postcolonial archaeologies. Adopting the relational perspective of political ontology unravels the complexities behind the seemingly superficial conflicts over the interpretation of a piece of rock art and the failed implementation of the solar energy project in the Indigenous Community Amaicha del Valle. The juxtaposition of state-authorised and place-based narratives and political actions brings to the fore conflicting perspectives of heritage, rights and indigeneity. Through ethnohistorical and early archaeological accounts from the Calchaquí Valleys, the research reveals the epistemic disavowal of Indigenous histories and lifeworlds as the Argentine state established its national sovereignty and development models between the late nineteenth and mid-twentieth centuries. The case study also draws on archaeological ethnography to highlight generative spaces of knowledge and articulation across divergence and materiality, and that conflicting heritage ontologies can generate new cultural-political forms that diverge from the established consensus.

International Refugee Law and Bangladesh: Navigating Sovereignty and Humanitarian Obligations

This article critically evaluates the intricate navigation between national sovereignty and international refugee law in Bangladesh, specifically concentrating on the nation’s mechanisms of the protracted Rohingya refugee crisis. As a non-signatory to the 1951 Refugee Convention, Bangladesh's legal obligations are initially motivated by the influence of international humanitarian norms, regional considerations, and domestic policy frameworks. This paper examines Bangladesh’s efforts to mediate its sovereign prerogatives with its moral and legal obligation to serve sanctuary to displaced populations. Through critical evaluation of legislative endeavors, governmental reactions, and the efforts of international actors such as the UNHCR, the article enunciates Bangladesh's multifaceted obstacles in its mandate to develop global refugee standards while indicating its domestic needs. The study articulates by proffering strategic suggestions aimed at liberalizing Bangladesh’s mechanisms with international refugee protection protocols, thereby contributing to both the strategy on refugee administration and the progression of legal mechanisms in South Asia.

Maritime Piracy and the Sustainable Development of Nigeria’s Blue Economy

Maritime security is critical to economic stability, international trade, and national sovereignty, yet the sector faces persistent challenges, particularly in regions like the Gulf of Guinea (GoG). Threats such as piracy, illegal fishing, smuggling, oil theft, and terrorism undermine regional stability and economic development. Nigeria, as a major player in the GoG, has prioritised maritime security through national diplomacy to address these challenges. Therefore, the study examined the detrimental impact of maritime piracy on Nigeria’s blue economy. The study employed a mixed-method design, integrating qualitative and quantitative approaches to provide a comprehensive analysis. Key Informant Interviews were conducted to gather qualitative insights, while structured questionnaires were used to collect quantitative data from stakeholders. The study identified significant challenges of maritime security in Nigeria, such as poor performance in fishing, fisheries and maritime tourism. The study revealed a strong correlation between piracy and the decline of Nigeria’s blue economy, highlighting the need for robust security measures to curb piracy and unlock the full potential of Nigeria’s coastal resources for sustainable economic development. The study concludes that national diplomacy is indispensable for tackling the complexities of maritime security in the Gulf of Guinea (GoG). The study recommended that Nigerian government should strengthen its maritime security diplomacy, enhance regional collaboration, and secure its maritime interests effectively by expanding bilateral and multilateral partnerships, enhancing resource allocation for maritime operations, fostering trust through transparent engagements, and strengthening institutional frameworks.

New Strategy NATO kontra mezinárodní právo

The current NATO strategy contradicts the basic principle of international law, i.e. state sovereignty. International humanitarian law thus applies only to combatants in warfare. Consequently, it does not refer to contractors, who represent the privatization of armed forces. Everybody who gets involved in a war conflict, either directly or just through cover or support, becomes, however, its participant.

Poetic License: Political Education in Hobbes’s Translation of Homer’s Iliad

Abstract Although it is largely overlooked, Thomas Hobbes spent the final years of his life translating Homer’s epic poetry. Despite an overwhelmingly popular extant English edition of the Iliad by George Chapman, Hobbes chose to proffer his own account, often taking great liberties with the source material. Juxtaposed against Chapman’s translation, we see that Hobbes implicitly critiques the political philosophy it commends—a philosophy which disrespects kingly power, misunderstands sovereign authority, and abdicates human virtue. Hobbes sees these elements as corrupting the poetic imagination of England, precipitating much of the unrest we see in the seventeenth century. In correcting and reframing these tales for a new world, Hobbes provides a moral scaffolding for his political philosophy through one of the most widely read classical texts of his time.

The Gift that Keeps on Taking: The Liberation in French and American Memory of the Second World War

On 7 March 1966, when President Charles de Gaulle announced France's withdrawal from the military, leadership of NATO, he also called for the removal of American troops from French soil. To this the American Secretary of State retorted, ‘and those in French cemeteries as well?’ The United States saw de Gaulle's action as an insulting and traitorous rebuff of Allied commitments forged during and after the war. For the French, however, the move was considered a justifiable assertion of national sovereignty, having little to do with the Allied ‘Liberation’ of France some twenty years earlier. In this article, I explore French and American perceptions of the Liberation using French anthropologist Marcel Mauss's pathbreaking 1923 work, The Gift. How can applying Mauss's ideas at the transnational level make sense of the meanings, (mis)interpretations, and implications of the Liberation for state actors on both sides of the Atlantic?

Indigenous political theory, metaphysical revolt, and the decolonial rearticulation of political ordering

Abstract Colonization processes have resulted in the naturalization and universalization of a particular Eurocentric construction of political ordering. As a result, Indigenous claims of sovereignty – especially significant in settler colonial contexts since the 1960s and 1970s – have historically been obfuscated and are still construed as anomalies or impossibilities. Based on poststructuralist international relations theory and Indigenous political theory, as well as interviews conducted with Māori actors participating in the mobilization of sovereignty politics, this article advances two main contributions. Firstly, it develops a particular approach to the state-Indigenous contention of political ordering by calling attention to the metaphysical foundations of the particular conceptions of sovereignty they respectively deploy. Secondly, it contends that Māori political actors are enacting a ‘metaphysical revolt’ through their reconceptualization of sovereignty theory and practice; one that contains potential for a decolonial rearticulation of political ordering. Through its direct engagement with Indigenous political mobilization and the theorizing sustaining it, this article illustrates how Indigenous theories of sovereignty translate into conceptual alternatives that break away from the colonial roots and underpinnings of paradigmatic sovereignty. Therefore, this article contributes to exploring alternative models of political ordering by illuminating the links between Indigenous thought and decolonial imagination.

A Comprehensive Review of Sedition Laws in India: Analysis of Section 152 Of BNS and Section 124 A of IPC

Sedition refers to actions or behaviors that encourage rebellion against the governing authority or sovereign authority. In India, sedition laws were introduced during British rule to suppress opposition to the colonial government. Section 124A of the Indian Penal Code (IPC) punished individuals who voiced dissent or protested against the British. After India gained independence, the sedition law continued to be in place, despite growing concerns over its misuse. The United Nations Human Rights Committee has raised objections, urging the repeal of sedition laws in India to align with international human rights standards. These concerns were particularly highlighted during protests such as those against the Citizenship Amendment Act in 2019, where sedition charges were perceived as a tool for silencing dissent. In December 2023, the Indian government passed a new act replacing the IPC with a new code, the BNS. This revision introduced significant changes to sedition laws, including broader definitions and more severe punishments. Critics argue that while the law aims to protect national security and unity, it also poses risks of misuse, particularly in curbing free expression. Provisions like "subversive activities" remain vague, contributing to ongoing debate and calling for greater clarity in its application. The law continues to attract criticism for its potential to stifle legitimate dissent under the guise of national security.

Humanitarian Intervention and Sovereignty: A Normative Conflict in Canada

Purpose: The aim of the study was to analyze the humanitarian intervention and sovereignty: a normative conflict in Canada. Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries. Findings: Canada’s approach to humanitarian intervention and sovereignty is shaped by the tension between traditional non-intervention norms and the imperative to prevent mass atrocities. This normative conflict came to the fore when Canada played a pivotal role in framing the “Responsibility to Protect” (R2P) concept through the International Commission on Intervention and State Sovereignty, essentially recasting sovereignty as a duty to protect citizens rather than a shield against external scrutiny. While many Canadians support humanitarian intervention on moral grounds demonstrated through involvement express concern about the selectivity and potential abuse of humanitarian justifications, echoing broader global fears over infringing on state sovereignty. Unique Contribution to Theory, Practice and Policy: Realism, Liberalism & Constructivism theory may be used to anchor future studies on humanitarian intervention and sovereignty: a normative conflict in Canada. Regional organizations should be empowered to take the lead in addressing humanitarian crises within their respective territories, with the support of the international community, to foster legitimacy and respect for sovereignty. Policymakers should work to revise and strengthen international legal frameworks to reflect the evolving dynamics of sovereignty and humanitarian intervention.

Language Rights and the Law: A Global Perspective

This paper investigates the intricate relationship between language rights and legal frameworks across the globe, delving into the historical evolution, international legal instruments, and national implementations of language laws. It highlights the pivotal role of language rights in safeguarding cultural identity and promoting social justice, particularly for marginalized communities. By examining close to 200 jurisdictions and their constitutional and legislative approaches, this work underscores the challenges faced in protecting linguistic diversity amid the pressures of globalization and state sovereignty. The analysis includes a critique of existing laws and their enforcement mechanisms, offering insights into future directions, such as integrating mixed methodologies and amplifying the voices of minority language speakers. This study serves as a critical resource for understanding how language laws can empower communities while addressing ongoing inequalities. Keywords: Language Rights, Human Rights, Linguistic Diversity, International Law, National Implementation, Minority Languages

The power switch in bilateral return migration management: the case of Norway and Ethiopia

ABSTRACT Why is it so exceedingly difficult for host states to return irregular migrants to their countries of origin? Emphasizing the importance of including the viewpoints of both origin and destination countries, this article argues that there is a ‘power switch’ in the politicized practice of returning migrants from North to South: whereas immigration spells power and control on the destination side, in return processes, the command is reversed, with the Southern state functioning as gatekeeper. Based on interviews with Norwegian, Ethiopian and EU officials placed in Ethiopia, this article focuses on the bilateral return migration corridor between Norway and Ethiopia. Referencing the emerging constructivist strand of international relations studies of migration, we map and analyze the interplay and effects of converging and diverging interests and norms at the local, national, and international levels. The study reveals that while certain norms constrain the deportation of failed asylum seekers and migrants in both countries, there are several conflicting interests and norms between Norway and Ethiopia regarding return. Norway actively promotes return to protect its asylum regime and social welfare system, while Ethiopia benefits from diaspora remittances, seeks to avoid criticism from politically important diaspora communities and stresses national norms of state sovereignty.

The Transmutation of Sovereignty: Digital “World of Warcraft” and Innovation in the Chinese Legal Order

Abstract This article analyses the paradoxical relationship between the relative decline and resurgence of national sovereignty in the context of economic and informational globalisation, the rise of mega-platforms, the sovereign individuals hidden within blockchains, and large model behemoths free from the feature design of programming. It highlights how the decline of sovereignty has given rise to concepts such as “the digital sovereignty” in Europe and “the sovereign blockchain” in China, while the resurgence of sovereignty has led to theories like the “surveillance society” in North America and the “electronic forbidding leave” metaphor in China. In any case, with the AI-driven era, “the Algorithmic Leviathan” is becoming an extremely powerful dominating force that countries and laws must confront. To prevent its runaway abuse, it is necessary to consolidate a basic consensus through global digital compacts and institutionalise it through legal and technical due process—this is the essence of the digital rule of law.

Refúgio, hostilidade e hospitalidade: um diálogo entre o direito cosmopolita kantiano e a convenção relativa ao estatuto do refugiado de 1951

This essay analyzes the hospitality-hostility dichotomy in International Refugee Law in light of Kantian philosophy. It argues that the 1951 Convention, while establishing hospitality as a principle, is often undermined by hostile State practices that prioritize national sovereignty. Through Kantian principles of hospitality and cosmopolitanism, the essay criticizes the reduction of the Convention's normative force, emphasizing the need to revive Kantian ideals to effectively protect and welcome refugees. It concludes that the Convention, despite being based on humanitarian principles, requires reformulation to address contemporary challenges and ensure the dignity and rights of refugees.

Mirror, Mirror on the Wall, Who’s the Most Authoritative of Them All? Cyber Sovereignty from a Critical Perspective

The paper aims to highlight the conflict between the idea of state control over the Internet and the impact on freedom of expression and access to information and to challenge the state-driven regulatory model. The doctrine of cyber sovereignty, as advocated by China and Russia, is an example of such control in the absence of international legally binding regulation. First, the special features of cyberspace as a sui generis phenomenon are presented, as well as the attempts of the United Nations to create a legal framework for this special environment. Second, the digital perspective of the right to access information is analysed, followed by the meaning of the principle of state sovereignty and the impact on the digital space, especially its fragmentation. Addressing this conflict is crucial to safeguarding fundamental rights in the digital empire, divided between the doctrine of human rights, the idea of open space and the control of information supported by authoritative regimes.

The pandemic sovereign: how the war against the virus redefined sovereignty in Italy and Spain

ABSTRACT This article investigates the redefinition of state sovereignty during the COVID-19 pandemic, focusing on Italy and Spain as illustrative cases of what we term ‘pandemic sovereignty’. Drawing from Critical Military Studies and Critical Security Studies, we argue that the state-security-society nexus was fundamentally reshaped during this health emergency, marked by three interrelated pillars: (1) legitimizing use of warfare metaphors; (2) the militarization of pandemic responses; (3) the responsibilisation of society and societalisation of security. These pillars collectively enabled the state to extend its sovereign authority, normalizing exceptional measures and incorporating military and civilian actors into the governing of the public health emergency. While these dynamics have been observed globally, the Italian and Spanish cases reveal distinctive patterns rooted in their legal, political, and societal contexts. Our analysis underscores how these processes, rather than collateral byproducts of neoliberal governance, are deeply embedded within and reinforced by its rationalities. By conceptualizing ‘pandemic sovereignty’ in this way, this study wants to put forward a novel lens to understanding neoliberal sovereignty’s governance of security crises.

Analisa Sinyal Remote Control Untuk Aplikasi Pengendali Jarak Jauh

Indonesia's aerospace sector plays a crucial role in maintaining national sovereignty. However, the country's airspace is often infiltrated by irresponsible parties, necessitating an effective monitoring system. Unmanned radio-controlled helicopters are a potential solution, although they are limited in range. This study aims to design a long-range control system for radio-controlled helicopters using satellite phone communication, which offers wide coverage and can reach remote areas. The system comprises a remote control, a radio converter circuit, an audio mixer, and a satellite phone. The radio converter functions to transform the radio control signal frequency into its original frequency without a carrier frequency, which is then re-converted to be compatible with satellite phone input for signal transmission. Test results indicate that the system can transmit control signals with adequate frequency stability within the expected range. Despite minor oscillator instability at certain stages, the system overall operates as designed. In conclusion, this satellite phone-based control system effectively extends the operational range of radio-controlled helicopters and serves as a strategic solution for monitoring Indonesia's airspace.

The Scope of National Sovereignty Over Outer Space And The Prevention Of Environmental Hazards Arising From Its Exploration, Use, and Development

This study addresses issues related to the scope of national sovereignty, including the environmental dimensions related to the use and exploration of outer space. It highlights the environmental aspects related to outer space in the light of international treaties and relevant local laws. A series of results and recommendations were reached in this study, including : The absence of an international agreement on the boundaries of airspace and outer space requires the need to adopt solutions agreed upon by the international community (international treaties) so that the issue is treated as a legal issue rather than a scientific issue, emphasizing the importance of stating the obligations of States concerning the outer space environment. The use and exploration of outer space have led to the emergence of many environmental hazards and even environmental damage, such as space pollution, including orbital debris and radiation hazards, and the growth of some commercial activities harmful to the outer space environment, including the so-called space burial.

Exploring, Overreaching, Giving Up: The UN and International Conflict Management in Kashmir, Congo, and East Pakistan

This essay examines the attempts of the United Nations (UN) to become an active force in Cold War politics. It explores three major moments of crisis that triggered UN involvement: Kashmir (1947–1949), Congo (1960–1965), and East Pakistan (1971). The essay demonstrates how in the Kashmir crisis, UN negotiators initially benefited from a malleable international environment and sincere support by both India and Pakistan to solve their territorial dispute. Yet as the UN explored its role as conflict “manager”, it soon faced the limits of both its power and its legitimacy in attempting to overcome national suspicion and the insistence on state sovereignty. In contrast to Kashmir, the Congo Crisis was a case of overreach. Under the lead of UN Secretary-General Dag Hammarskjöld, UN officials transformed an intervention to assist the Congolese government in ending Belgian interference to an overly ambitious exercise in state-building. The East Pakistan crisis reveals that the UN had by then given up on playing an active overt role in the political settlement of international crises. As millions of East Pakistanis, accused of separatism, fled a massive military crackdown by the West Pakistani government into neighbouring India, the UN confined its reaction to expressions of concern, offers of mediation, and provision of humanitarian aid. UN officials’ subsequent attempts to use humanitarian assistance and impartiality as a cover to achieve a covert solution deepened the crisis rather than contributing to solving it. The essay argues that by the early 1970s, the UN’s ambitious approach to international conflict management and foreign intervention had given way to a pragmatic focus on the “humanitarian” aspect. This adaptation by the UN to a difficult international environment in shying away from the overt pursuit of political solutions has had lasting consequences for the UN’s role in the international system.

Ways to enhance the status of the Arabic language between authenticity and challenges

For linguists, language is a system of abstract phonetic, phonological, lexical, synthetic, semantic, and pragmatic relations, and a tool for communication and expression. It is knowledge, culture, literature, civilization, and behavior. Therefore, language is considered the pillar of the nation and an important foundation for its civilization that expresses its entity and culture. The Arabic language is one of the basic constants of the Arab and Islamic nation, as it is the symbol of its identity and the tool of its artistic creations, and a landmark of its intellectual and literary production. Thinking about the present and future of the Arabic language is one of the most important interests that attract elites among linguists, thinkers and writers, and is closely related to the sovereignty of the Arab-Islamic nation, its culture and thought. To achieve the goal, the research was divided into three sections. The first dealt with the definition of language, Arabic and its position, the second discussed the most important contemporary challenges, and the third dealt with ways to confront these challenges and enhance the position of Arabic with all means of support and capabilities. These methods include presenting case studies of educational reforms and language policies in Arabic-speaking countries, in addition to referring to modern technical and linguistic initiatives, and comparing with languages that have succeeded in adapting to globalization (such as Chinese). These measures will have a significant impact on enabling Arabic to attain the status it deserves, its authenticity and historical precedence. The practical results of the study target decision-makers, educators and language institutions, allowing them to develop policy and executive frameworks, update curricula, and employ digital tools to protect and modernize the Arabic language in a global context. Through these applicable recommendations, the status of Arabic can be consolidated and ensure that it remains authentic and renewed at the same time.