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How has the concept of sovereignty evolved since the Treaty of Westphalia?

The concept of sovereignty has evolved from absolute state control to a more nuanced, shared and limited concept.

The Treaty of Westphalia in 1648 established the principle of sovereignty, which was understood as the absolute authority of a state over its territory and people. This principle was based on the idea that a state has the exclusive right to make and enforce laws within its borders, free from external interference. Sovereignty was seen as absolute, indivisible and unlimited. This concept was central to the international system, as it provided the basis for the recognition of states and their rights and responsibilities.

However, the concept of sovereignty has evolved significantly since the Treaty of Westphalia. The rise of globalisation, international organisations, human rights norms, and transnational issues such as climate change and terrorism have challenged the traditional concept of sovereignty. These developments have led to a more nuanced understanding of sovereignty, where it is seen as shared and limited rather than absolute.

The rise of international organisations such as the United Nations and the European Union has led to a shift from absolute sovereignty to shared sovereignty. States voluntarily surrender some of their sovereignty to these organisations in return for benefits such as security, economic cooperation and dispute resolution. This shared sovereignty is based on the principle of mutual consent and is limited to specific areas agreed upon by member states.

The emergence of human rights norms has also influenced the concept of sovereignty. The Universal Declaration of Human Rights and other international human rights treaties have established that states have a responsibility to protect the rights of their citizens. This has led to the idea of 'sovereignty as responsibility', where states are held accountable for their treatment of their citizens. This concept limits the absolute power of states and introduces the idea of international accountability.

Transnational issues such as climate change and terrorism have further challenged the traditional concept of sovereignty. These issues cannot be addressed by states acting alone, requiring international cooperation and coordination. This has led to the idea of 'pooled sovereignty', where states work together to address common challenges.

In conclusion, the concept of sovereignty has evolved from the absolute control of a state over its territory and people, as established by the Treaty of Westphalia, to a more nuanced, shared and limited concept. This evolution reflects the changing nature of the international system and the challenges and opportunities presented by globalisation, international organisations, human rights norms and transnational issues.

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