Westphalian sovereignty in the context of "Federated state"

⭐ In the context of a federated state, Westphalian sovereignty is primarily exercised by…

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⭐ Core Definition: Westphalian sovereignty

The Westphalian system, also known as Westphalian sovereignty, is a principle in international law that each state has exclusive sovereignty over its territory. The principle developed in Europe after the Peace of Westphalia in 1648, based on the state theory of Jean Bodin and the natural law teachings of Hugo Grotius. It underlies the modern international system of sovereign states and is enshrined in the United Nations Charter, which states that "nothing ... shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state."

According to the principle, every state, no matter how large or small, has an equal right to sovereignty. Political scientists have traced the concept to the eponymous peace treaties that ended the Thirty Years' War (1618–1648) and Eighty Years' War (1568–1648). The principle of non-interference was further developed in the 18th century. The Westphalian system reached its peak in the 19th and 20th centuries, but has faced recent challenges from advocates of humanitarian intervention.

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👉 Westphalian sovereignty in the context of Federated state

A federated state (also state, province, region, canton, land, governorate, oblast, emirate, or country) is a territorial and constitutional community forming part of a federation. A federated state does not have international sovereignty since powers are divided between the other federated states and the federal government. Unlike international sovereign states, which have what is often referred to as Westphalian sovereignty (such as exercised by their federal government), federated states operate under their domestic or federal law with relation to the rest of the world.

Federated states do not have automatic standing as entities of international law. Instead, the federal union (federation) as a single entity is the sovereign state for purposes of international law. Depending on the constitutional structure of a particular federation, a federated state can hold various degrees of legislative, judicial, and administrative jurisdiction over a defined geographic territory and is a form of regional government. A federated state may nonetheless establish offices internationally, for example, to promote trade or tourism, while still operating only within the trade policy or other applicable law of their federation, and their host country. They also may enter into international regional agreements under the laws of their federation and state, such as to protect a cross-border resource like water or other shared matters.

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Westphalian sovereignty in the context of Self-government

Self-governance, self-government, self-sovereignty or self-rule is the ability of a person or group to exercise all necessary functions of regulation without intervention from an external authority. It may refer to personal conduct or to any form of institution, such as family units, social groups, affinity groups, legal bodies, industry bodies, religions, and political entities of various degrees. Self-governance is closely related to various philosophical and socio-political concepts such as autonomy, independence, self-control, self-discipline, and sovereignty.

In the context of nation states, self-governance is called national sovereignty which is an important concept in international law. In the context of administrative division, a self-governing territory is called an autonomous region. Self-governance is also associated with political contexts in which a population or demographic becomes independent from colonial rule, absolute government, absolute monarchy, or any government that they perceive does not adequately represent them. It is therefore a fundamental tenet of many democracies, republics and nationalist governments. Mahatma Gandhi's term "swaraj" is a branch of this self-rule ideology. Henry David Thoreau was a major proponent of self-rule in lieu of immoral governments.

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Westphalian sovereignty in the context of World-system

A world-system is a socioeconomic system, under systems theory, that encompasses part or all of the globe, detailing the aggregate structural result of the sum of the interactions between polities. World-systems are usually larger than single states, but do not have to be global. The Westphalian System is the preeminent world-system operating in the contemporary world, denoting the system of sovereign states and nation-states produced by the Westphalian Treaties in 1648. Several world-systems can coexist, provided that they have little or no interaction with one another. Where such interactions becomes significant, separate world-systems merge into a new, larger world-system. Through the process of globalization, the modern world has reached the state of one dominant world-system, but in human history there have been periods where separate world-systems existed simultaneously, according to Janet Abu-Lughod. The most well-known version of the world-system approach has been developed by Immanuel Wallerstein. A world-system is a crucial element of the world-system theory, a multidisciplinary, macro-scale approach to world history and social change.

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Westphalian sovereignty in the context of Article 9 of the Japanese Constitution

Article 9 of the Constitution of Japan (日本国憲法第9条, Nihon koku kenpō dai kyū-jō) is a clause in the Constitution of Japan outlawing war as a means to settle international disputes involving the state. The Constitution was drafted following the surrender of Japan in World War II. It came into effect on 3 May 1947 during the occupation of Japan by the Allies, which lasted until 28 April 1952. In its text, the state formally renounces the sovereign right of belligerency and aims at an international peace based on justice and order. The article also states that, to accomplish these aims, armed forces with war potential will not be maintained. The Constitution was imposed by U.S. military occupation (Supreme Commander for the Allied Powers) to prevent rearmament of Japan in the post–World War II period. This condition was a similar prohibition placed on post-war Germany, to be overseen by the United Kingdom, after World War I. However, Germany remilitarized anyway in the decades following despite this prohibition under the Weimar Republic and later Adolf Hitler's regime. This was a leading call for the Allied mandate, and the continuing US defense agreements that would render aid in maintaining Japanese sovereignty in the event of a foreign attack.

There are the post-occupation U.S. military stationed in Japan under the U.S.–Japan Mutual Cooperation and Security Treaty and Japan Self-Defense Forces (JSDF) which was founded in 1954 as de facto postwar Japanese military. Prime Minister Shinzo Abe approved a reinterpretation which gave more powers to the JSDF in 2014, which was passed by the Legislation for Peace and Security in 2015.

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