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Man versus the State: The Shifting Boundary of Sovereign Authority
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Abstract
Institutional boundaries permit actors to organize the world around them into categories and groups and to establish arenas of authority or jurisdiction. The nature of boundaries is no less important to institutional operation and social organization than is the fact of their existence. State sovereignty is one such set of rules about institutional boundaries that divide political and territorial space. The boundaries of external and internal sovereignty have become more permeable as a result of the blurring of the boundaries of international humanitarian and human rights law. The changes in institutional boundaries demarcating human rights and humanitarian law have reconfigured states’ authority to organize domestic and interstate affairs. These changes have made the boundary of state sovereignty more permeable in two ways. First, they have reduced the legitimate scope of all states’ internal sovereignty. On the one hand, states appear to be increasingly subjecting themselves to a reduced sphere of exclusive sovereign authority and to greater international accountability. On the other, states have expanded their claims to domestically adjudicate cases that have traditionally been beyond the boundary of sovereign immunity. Second, the change in boundaries of international humanitarian and human rights law has given individual human beings the legal authority to confront states. As a result, individuals have much greater ability to access national and international courts to seek redress for acts committed by state officials. This shift allows new actors to take on rights and responsibilities once the sole domain of states, and subsequently to limit the authority of states domestically as well as globally.
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Abstract
Institutional boundaries permit actors to organize the world around them into
categories and groups and to establish arenas of authority or jurisdiction. The
nature of boundaries is no less important to institutional operation and social
organization than is the fact of their existence. State sovereignty is one such set of
rules about institutional boundaries that divide political and territorial space. The
boundaries of external and internal sovereignty have become more permeable as a
result of the blurring of the boundaries of international humanitarian and human
rights law. The changes in institutional boundaries demarcating human rights and
humanitarian law have reconfigured states’ authority to organize domestic and
interstate affairs. These changes have made the boundary of state sovereignty
more permeable in two ways. First, they have reduced the legitimate scope of all
states’ internal sovereignty. On the one hand, states appear to be increasingly
subjecting themselves to a reduced sphere of exclusive sovereign authority and to
greater international accountability. On the other, states have expanded their
claims to domestically adjudicate cases that have traditionally been beyond the
boundary of sovereign immunity. Second, the change in boundaries of
international humanitarian and human rights law has given individual human
beings the legal authority to confront states. As a result, individuals have much
greater ability to access national and international courts to seek redress for acts
committed by state officials. This shift allows new actors to take on rights and
responsibilities once the sole domain of states, and subsequently to limit the
authority of states domestically as well as globally.
2
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