Revisiting State Sovereignty in the Context of Global Obligations
This article revisits the concept of state sovereignty in the context of expanding global obligations under international law. While sovereignty traditionally denotes the supreme authority of states over their territory and population, its scope and meaning have evolved alongside the rise of international institutions, human rights law, and environmental obligations. The research problem addressed in this article concerns the tension between sovereign autonomy and the binding nature of global norms, particularly those of an erga omnes character, such as obligations to prevent transboundary harm to the climate system. The central research question asks how contemporary international law reconciles the classical notion of sovereignty with collective responsibilities owed to the international community as a whole. The article argues that modern sovereignty is best understood as a form of accountable authority – legitimate only when exercised in conformity with universal legal norms. Through historical, theoretical, and jurisprudential analysis, including the ICJ’s 2025 Advisory Opinion on climate change, the study demonstrates that sovereignty today functions both as a shield of autonomy and a framework of responsibility. It concludes that the future of sovereignty lies in its capacity to adapt to shared global challenges through legal cooperation and respect for peremptory international norms.
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