The Concept Of Sovereignty In International Law: Lessons For The Nigerian Society

By Oyetola Muyiwa Atoyebi, SAN

INTRODUCTION

Sovereignty, in international law, is the right of sovereign states to be recognized by other States and it gives a State the right to relate with other countries on an equal footing irrespective of size. This right further confers on a State the right to enter into diplomatic and trade relations with other States.

Under the concept of state sovereignty, no state has the authority to tell another state how to control its internal affairs, even though in recent times, there has been a gap in the dealings between sovereign nations contradicting the legal concept of Sovereignty which limits the influence states have on one another.

This article seeks to examine the concept of sovereignty in international law, the importance of national sovereignty and lessons for Nigeria under international law.

WHAT IS SOVEREIGNTY?

J.W. Burgess defined sovereignty as “… the original, absolute, unlimited power over the individual subject and all the other associations of the subject. It is an un-derived and independent power to command and compel obedience.” Sovereignty is defined as the independence and autonomy of modern nation-states and the right of each state to conduct its affairs without interference from any other state. This is always evidenced in the conduct of each sovereign viewed from the perspective of economics, politics, culture, religion, etc.

THE CONCEPT OF SOVEREIGNTY IN INTERNATIONAL LAW

The concept of sovereignty in international law remains a complex and dynamic aspect of the global legal system of which the evolving nature of international relations, increased interdependence among nations, and the growing recognition of global challenges have posed significant challenges to the traditional understanding of sovereignty.

While states continue to assert their sovereignty, they also recognize the need for cooperation and multilateralism to address common issues such as climate change, terrorism, and human rights violations and on this note, international law has evolved to strike a delicate balance between respecting state sovereignty and promoting global cooperation.

The principle of sovereign equality as enshrined in the United Nations Charter (1945), affirms the equal rights of all states and their right to non-interference in internal affairs. More so, the concept of “Responsibility to Protect” (R2P) has gained prominence, suggesting that sovereignty comes with a responsibility to protect populations from mass atrocities, even if it requires international intervention.

In addition, the emergence of regional organizations and supranational bodies, such as the European Union, have challenged the traditional notions of sovereignty by pooling certain decision-making powers and creating legal frameworks that supersede national laws. Consequently, the increasing influence of non-state actors, such as multinational corporations and non-governmental organizations, have further complicated the concept of sovereignty leading to transnational issues like cybersecurity, trade, and human rights which are often dealt with through global governance mechanisms that involve both state and non-state actors.

Furthermore, in recent years, the rise of populism and nationalist movements in some countries has led to a resurgence of sovereignty-centric narratives. These movements advocate for the reassertion of national sovereignty and a more limited role for international institutions. However, the global challenges we face require collaborative efforts and the recognition that no state can tackle them alone.

IMPORTANCE OF NATIONAL SOVEREIGNTY: FIVE KEY ASPECTS

1. IT IS A FORMULA FOR ACHIEVING PEACE

The importance of national sovereignty, has always been appreciated, especially at the beginning of the Modern Era where it is seen as a very attractive formula to achieve peace, away from the disputed border conflicts which has ravaged the modern era.

2. ENSURES JURISDICTION IN THE RESOLUTION OF INTERNAL CONFLICTS

Internal disputes and their consequences fall under each nation’s internal jurisdiction and, thus, its sovereignty and to solve this, two challenges are posed to it being;

• the creation of a successful system for conflict management, prevention, and resolution and
• To provide safety and aid to individuals who have been impacted by that war.

Governments must be held responsible for their sovereignty, nevertheless, they have obligations to both the world community and their domestic constituency.

3. PROMOTES INTERNATIONAL RECOGNITION OF NATIONS

The concept of sovereignty has proven to be compatible with a wide range of authority structures and constitutional arrangements. This has been integral to the legal personality of nation States and crucial for its recognition by other independent States. However, since the beginning of Modernity, it has been granted for very different reasons.

Thus, changing practices of international recognition have influenced the configuration of domestic authority structures.

4. PROMOTES THE CREATION OF NATIONAL IDENTITY

The origin of the national States had two constructive principles in the concepts of sovereignty and identity. Sovereignty should be exercised in the face of external powers.

On the other hand, identity must be the product of internal homogeneity. States have institutions charged with promoting that national identity and, in turn, strengthening sovereignty.

5. IT IS AN OPPORTUNITY TO DEMONSTRATE THE CAPACITY OF SELF-MANAGEMENT

Nowadays, beyond determining the internal juridical-political order of a state, national sovereignty is measured by the capacity for self-management. The diverse areas where this capacity must be demonstrated include the economy, food, and security, among others.[1]

THE LESSONS FOR NIGERIA REGARDING THE CONCEPT OF SOVEREIGNTY IN INTERNATIONAL LAW:

1. STRENGTHENING DOMESTIC INSTITUTIONS AND GOVERNANCE:

Nigeria should focus on building and enhancing its domestic institutions to effectively exercise and protect its sovereignty. This includes bolstering the rule of law, promoting transparency and accountability, and ensuring the independence of the judiciary. Strong institutions are crucial for upholding sovereignty and defending national interests in the international arena.

2. BALANCING INTERNATIONAL OBLIGATIONS AND NATIONAL INTERESTS: Nigeria needs to strike a balance between its international obligations and its national interests to safeguard its sovereignty. This means while participating in international agreements and treaties, it is essential to assess the potential impact on national sovereignty. Also careful negotiation and implementation of agreements that align with its development goals, protection of its sovereignty, should be its national interests that should not be compromised.
3. COLLABORATION AND DIPLOMATIC ENGAGEMENT:

Diplomatic engagement and cooperation with other nations are important tools for safeguarding sovereignty. An active engagement in international forums, regional organizations, and diplomatic channels to assert its interests, advocate for its positions, and build alliances should be of paramount interest and effective collaboration with other countries can strengthen Nigeria’s position in addressing global challenges and protect its sovereignty in areas such as security, trade, and human rights.

4. STRATEGIC RESPONSE TO TRANSNATIONAL THREATS:

Non-state actors and transnational threats pose challenges to sovereignty. An adoption of a comprehensive and strategic approach to combatting terrorism, organized crime, and other transnational challenges, will include enhancing intelligence capabilities, promoting regional security cooperation, and participating in international efforts to counter these threats while safeguarding its sovereignty.

5. EMBRACING TECHNOLOGICAL ADVANCEMENTS AND ADDRESSING CYBER THREATS:

With the rise of digital technologies, Nigeria must adapt and respond to new challenges to its sovereignty in cyberspace. Developing robust cybersecurity measures, promoting digital literacy, and enacting effective laws and regulations are necessary steps. Nigeria should also actively engage in international discussions on cyber governance to protect its interests and sovereignty in the digital realm.

6. CONTINUOUS ASSESSMENT AND ADAPTATION:

The concept of sovereignty in international law is dynamic, and Nigeria must continuously assess and adapt its strategies and policies to address emerging challenges. Regular evaluation of the country’s legal frameworks, foreign policy approaches, and national security strategies is crucial to effectively respond to evolving international dynamics while safeguarding its sovereignty.

By internalizing these lessons, Nigeria can effectively navigate the complexities of sovereignty in international law, protect its national interests, and promote its position as a sovereign state in the global arena.

CONCLUSION:

In conclusion, while the principle of sovereignty remains fundamental to every nation, its interpretation and application to the changing dynamics of the international system. Finding the right balance between respecting state sovereignty and addressing global issues will continue to be a central challenge for international law and the international community as a whole.

SNIPPET

Sovereignty serves as a limit, as each independent state determines its policy by itself and none has the right to impose its points of view on others.

KEYWORDS

sovereignty, international recognition, cybersecurity, digital literacy.

AUTHOR: Oyetola Muyiwa Atoyebi, SAN

Mr Oyetola Muyiwa Atoyebi, SAN is the Managing Partner of O. M. Atoyebi, S.A.N & Partners (OMAPLEX Law Firm).

Mr. Atoyebi has expertise in and a broad knowledge of International Law and this has seen him advise and represent his vast clientele in a myriad of high-level transactions.  He holds the honour of being the youngest lawyer in Nigeria’s history to be conferred with the rank of Senior Advocate of Nigeria.

He can be reached via atoyebi@omaplex.com.ng

CONTRIBUTOR: AMAEFULE LINDA.C.

Linda is a member of the Dispute Resolution Team at OMAPLEX Law Firm. She also holds a commendable legal expertise in International Law.

She can be reached via  linda.amaefule@omaplex.com.ng