Sovereignty can generally be defined as supreme, independent control and lawmaking authority over a territory. It finds expression in the power to rule and make law. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate authority over other people and to change existing laws. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. Under international law, sovereign states are all considered equal, and no state can interfere with the internal affairs of another sovereign state. While Article 2(7) of the UN Charter explicitly recognizes the sovereignty of states, and in general there is a principle of non-interference in the domestic affairs of sovereign states, the UN Security Council’s Chapter VII powers clearly contemplate the use of force against a state when necessary to restore peace. Further, the recent Responsibility to Protect (R2P) authorizes the United Nations to take action to “avert a humanitarian catastrophe” within a state when that state’s government cannot or will not act.
A state is generally considered to have sovereignty over a territory when it has consistently exercised state authority there without objection from other states. De jure sovereignty refers to the legal right to do so; de facto sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that de jure and de facto sovereignty exist at the place and time of concern, and reside within the same organization.
