State sovereignty International law Westphalian tradition Sovereign rights Sovereign responsibilities Globalization International legal order Peacekeeping Transnational development International institutions Rome Statute

AN INTERNATIONAL LAW DISCOURSE ON GLOBALIZATION: ANALYSIS OF STATE SOVEREIGNTY IN RELATION TO CURRENT GLOBAL INFLUENCE

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Abstract
State sovereignty, long regarded as the cornerstone of international law, encapsulates the dual concepts of rights and responsibilities vested in sovereign independent states. Originating from the Westphalian tradition of absolute sovereignty, this principle has undergone profound evolution to address the demands of an interconnected international system. This research study critically explores the dynamic relationship between state sovereignty and international law, emphasizing the evolving responsibilities that accompany existing rights of sovereign states in the modern era of global connectedness. The research study investigates the tension between state sovereignty and globalization, particularly in instances where certain conducts of sovereign states are subjected to the dictates and directives of the international legal order, with a view to keeping the peace of the international community, and fostering international relations through transnational development. It examines the role of international law and institutions, with special focus on the Rome Statute of the International Criminal Court (ICC), which seeks to uphold accountability for international crimes such as genocide, war crimes, and crimes against humanity. Furthermore, the research study analyzes key challenges to sovereignty, including the erosion of state immunity in cases of international crimes, the role of the United Nations in humanitarian interventions under the Responsibility to Protect (R2P) policy framework, and the influence of non-state actors in shaping policy outcomes. With an assessment of the implications of international norms and legal pluralism, the research study analyzes the evolving responsibilities of sovereign states within the context of globalization and the birth of a “new sovereignty.” This research primarily adopts a socio-legal perspective to unravel the complexities surrounding state sovereignty, contributing to the ongoing discourse on balancing the rights of states with their responsibilities under international law. It ultimately underscores the relevance of sovereignty as both a legal and moral
construct in an increasingly interconnected world.
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