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Sovereignty is the right of a government to have complete control over its area.

The idea that this right comes from doing good things for the people under control of the government is as old as Ancient Greece if not older. Sovereignty is the quality of having independent authority over a geographic area, such as a territory. It can be found in a power to rule and make laws that rests on a political fact for which no pure legal definition can be provided. In theoretical terms, the idea of "sovereignty", historically, from Socrates toThomas Hobbes, has always necessitated a moral imperative on the entity exercising it. The exact meaning of Sovereignty has changed some in the past. The present meaning of Sovereignty is said to come from the Peace of Westphalia, an agreement between the rulers of Europe in 1648 which said: No one should try to help break up one sovereign government into more than one. No one should cross over into the land, water, or air where the international law says a government is sovereign, unless they have agreement from that sovereign government. A sovereign government is the only maker of laws in the land, water or air where international law says it is sovereign. The concept of sovereignty has been discussed throughout history, from the time before recorded history through to the present day. It has changed in its definition, concept, and application throughout, especially during the Age of Enlightenment. The current notion of state sovereignty contains four aspects consisting of territory, population, authority and recognition. According to Stephen D. Krasner, the term could also be understood in four different ways: Domestic sovereignty actual control over a state exercised by an authority organized within this state, Interdependence sovereignty actual control of movement across state's borders, assuming the borders exist, International legal sovereignty formal recognition by other sovereign states, Westphalian sovereignty lack of other authority over state than the domestic authority (examples of such other authorities could be a nondomestic church, a non-domestic political organization, or any other external agent).

Acquisition
A number of modes of acquisition of sovereignty are presently or have historically been recognised by international law as lawful methods by which a state may acquire sovereignty over territory. The classification of these modes originally derived from Roman property law and from the 15th and 16th century with the development of international law. The modes are: Cession is the transfer of territory from one state to another usually by means of treaty; Occupation is the acquisition of territory that belongs to no state, or terra nullius; Prescription is the effective control of territory of another acquiescing state; Operations of nature is the acquisition of territory through natural processes like river accretion or volcanism; Adjudication and Conquest
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Characteristics of Sovereignty: Advocates of classical theory of sovereignty point out the following characteristics of sovereignty : 1. Absoluteness: Sovereignty is defined as absolute, supreme and unlimited power. There is no other power higher than the state that can issue commands to it. The sovereign is the source of all laws and rights. It is above law. Austin was the greatest champion of this theory. It is pointed out that this feature of sovereignty is very vital. Because if a state submits to the authority of any other sovereign, it ceases to be a state. Sovereignty of the state must be absolute and the sovereign power should not brook any interference internal or external. Limitations: However this characteristic of sovereignty has been criticized from various view-points. (1) Customs, religion and principles of morality are a limitation upon state. No sovereign dare challenge these. Neither he can create nor destroy them. (2) In modern states, constitutions are written. They determine the powers and duties of state.

Citizens are given fundamental rights, which become a limitation on the state and its sovereignty. (3) No state or sovereign possess powers without duties. This theory speaks of powers of the sovereign but not of his duties. State has a purpose, whatever it be and to the extent of that purpose, the state and its sovereignty is limited. (4) Externally, a state is equal to other states. This equality of states is a limitation on one another. International law imposes duties on states which they must perform. If they violate it, they are guilty of its breach. (5) Even the physical capacity of a state is its limitation. It is pointed out that legally too sovereignty is not absolute. State cannot make a law irrespective of its content and acceptability of it by the people. Laws are made not because the sovereign has power to make them but because they are needed to serve the purpose for which state exists. 2. Indivisibility of Sovereignty: Sovereignty, it is said, is indivisible and cannot be divided into parts. According to Calhoun, "Sovereignty is an entire thing; to divide it is to destroy it. It is the supreme power in a state and we might just as well speak of half a square or half a triangle or half a sovereignty." Sovereignty, it is pointed out, represents the supreme Will. Once it is divided, it no more remains a will. Limitations: However, this characteristic has its own limitations. There are federations where sovereignty gets divided between the centre and the states. Different parties might be ruling at the same time in the states and the centre with different and some times opposite wills. As Lowell observes, "There can exist within the same territory two sovereigns issuing commands to same subjects touching different matters". According to pluralists, sovereignty is divided between the state and other associations. According to them the state is not at all absolute and cannot represent the will of the community in all aspects of life. Exclusiveness: It means that there can be only one sovereign in a state. This feature is identical with indivisibility of sovereignty. 2. Universality or all-comprehensiveness: The sovereign has jurisdiction over all persons, things, associations and groups within the state territory. No person or association can claim exemption from its laws. Its laws are universal. It controls the external behavior of each person and association and thereby brings about social order. It is pointed out that there are certain persons like diplomatic agents of other states or ships of other states that claim immunity from jurisdiction of the state of their resident. This is a mutual courtesy that states show to one another on a reciprocal basis. 3. Permanence: So long as a state lasts, its sovereignty also lasts. Changes in government do not affect its continuity and permanence. A king or a sovereign or a dictator may die or be overthrown, sovereignty does not become extinct. Therein lies the significance of the phrase: "The king is dead, long live the king". 4. Inalienability: This means that the state cannot transfer its sovereignty without its own death. Sovereignty being the vital element of the state, its alienability is tantamount to committing suicide on its part. As observed by Lieber, "sovereignty can no more be alienated than a tree can alienate its right to sprout or man can transfer his life and personality without self-destruction. " No state can alienate or part with its essential element of sovereignty and yet remain a state. Points to Remember Sovereignty is an essential feature of the state. It is both internal and external. It has the following characteristics : 1. It is absolute, unlimited and unrestrained. There is no power higher and greater than the sovereign. 2. It is indivisible. Division of sovereignty is tantamount to its death. 3. It is exclusive. There is only one sovereign in the state. 4. It is all comprehensive. A11 individuals and associations are under it.

Elements of Sovereignty
1. Exclusive power to tax its own citizens living in its territory and transactions originating or occurring within its territory. 2. Exclusive power to set and maintain tariffs on goods entering into or leaving its territory.

3. Exclusive power to make its own money and to regulate the use of money in its territory (Example: U.S. requires purchase of U.S.-based stocks in U.S. dollars.). 4. Exclusive power to have and control its own military and internal police force. 5. Exclusive power to jail its own citizens living in its territory and the right to prohibit other outside countries or international organizations from jailing its resident citizens or taking its citizens away. 6. Exclusive power to make and control its own domestic policy including the control of its own culture. 7. Exclusive power to make and control its own foreign policy. 8. Exclusive power to make and control its own governmental structure and systems. 9. Exclusive power to control its own natural resources. 10. Power to establish how its government will be involved in its society instead of having such involvement dictated by treaties or other nations or supranational organizations. 11. Exclusive power to control immigration to, emigration from, and residency in its territory. 12. Freedom from remedies against the sovereign nation for violation of treaties with outsiders except such action as may be taken by the outsider or outsiders without the consent of the sovereign. (This is unlike contracts between non-sovereign or less-sovereign entities that are subject to a higher third party, such as a court or tribunal, to impose remedies upon proven breaches.) 13. (Speaking in religious terms) Authority coming directly from God rather than through another nation or entity. DIFFERENT KINDS OF STATE State (polity), an organized political community, living under a government Sovereign state, a sovereign political entity in public international law; a society having exclusive domain over a territory "State", in some contexts virtually synonymous with "government", e.g., to distinguish state (government) from private schools Nation state, a state which coincides with a nation Federated state, a political entity forming part of a federal sovereign state such as the USA, Australia, India and Brazil Member state, a member of an international organization such as the UN, OPEC, EU and NATO Legislatures The Estates or the States, a national assembly of the estates, a legislature States-General (disambiguation) Jurisprudence Rechtsstaat, the legal state (constitutional state, state subordinated to law) in philosophy of law and as principle of many national constitutions A sovereign state is a nonphysical juridical entity of the international legal system that is represented by a centralized government that has supreme independent authority over a geographic area. International law defines sovereign states as having a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither dependent on nor subject to any other power or state. The existence or disappearance of a state is a question of fact. While according to the declarative theory of state recognition a sovereign state can exist without being recognised by other sovereign states, unrecognised states will often find it hard to exercise full treaty-making powers and engage in diplomatic relations with other sovereign states. ELEMENTS OF STATE

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