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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 .
The fundamental principle of international law is the absolute sovereignty of every nation, as against all others, within its own territory. All exceptions […] to the full and complete power of a nation within its own territories must be traced up to the consent of the nation itself.
Sovereignty can generally be defined as supreme authority. [1] [2] [3] Sovereignty entails hierarchy within a state as well as external autonomy for states. [4]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. [5]
United Nations General Assembly Resolution 1803 established the principle of permanent sovereignty over natural resources. Adopted on 14 December 1962 by the UN General Assembly , [ 1 ] resolution proclaims in particular that:
The Peace of Westphalia in 1648 is commonly considered to have established territorial integrity as a cornerstone of sovereignty, embodied in the concept of Westphalian sovereignty, but even this did not necessarily reflect any absolute right to particular territory. [13] Even after Westphalia, territorial exchange remained common between states.
Named after the 1648 Treaty of Westphalia, the Westphalian System of state sovereignty, according to Bryan Turner, "made a more or less clear separation between religion and state, and recognized the right of princes "to confessionalize" the state, that is, to determine the religious affiliation of their kingdoms on the pragmatic principle of ...
Self-ownership, also known as sovereignty of the individual or individual sovereignty, is the concept of property in one's own person, expressed as the moral or natural right of a person to have bodily integrity and be the exclusive controller of one's own body and life.
The Lotus case was a key court ruling on the territoriality principle. In 1926, a French vessel collided with a Turkish vessel, causing the death of several Turkish nationals. The Permanent Court of International Justice ruled, by a bare majority, that Turkey had jurisdiction to try the French naval lieutenant for criminal negligence , even ...