Sovereignty and Jurisdiction

History of Sovereignty

The modern idea of sovereignty has its origins in Europe during the decline of feudalism. Writers such Hugo Grotius (1583–1645) in the Netherlands, Thomas [Page 1423]Hobbes (1588–1679) in England, and especially Jean Bodin (1520–1596) in France developed a theory of the unitary, independent, and territorial state with a strong central government, founded in natural law. This theory was created amid the turmoil of civil and international wars unleashed by the Reformation. By making every subject equal under a central authority, these authors sought to end civil wars and establish the rule of law. By making every state (and nation) equal and independent, they hoped to avoid the struggles between overlapping imperial and papal authorities and also to stop kings and feudal barons from fighting over control of lands where title was often obscure.

In more recent times, the rise of representative democracy, the separation of powers in civil government, and the overlapping jurisdictions of governments in federal systems have all served to complicate the idea of sovereignty. Globalization and the development of supranational institutions such as the United Nations have led some to claim that sovereignty is no longer a useful way to describe how political power and legal authority are distributed and exercised. The language of sovereignty nevertheless endures, largely because it remains useful in analyzing international or interstate relations. Sovereignty underpins the international system because despite the power of transnational corporations and supranational institutions, laws regulating commerce are still the responsibility of states (even if the negotiating power of states is often demonstrably unequal). International law and agreements such as that creating the World Trade Organization still require the agreement of the states that will be bound by them.

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