University of Kwazulu-Natal

How Does Westphalian Sovereignty Apply Today Youtube

Bonisiwe Shabane
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how does westphalian sovereignty apply today youtube

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."[1] According to the principle, every state, no matter how large or small, has an equal right to sovereignty.[2] Political scientists have traced the concept to the eponymous peace treaties that ended the Thirty Years'... 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.[3] A series of treaties made up the Peace of Westphalia, which has been considered by political scientists to be the beginning of the modern international system,[4][5][6][7] in which external powers should avoid interfering in... The then-emerging Reformation had undermined this as Protestant-controlled states were less willing to respect the "supra authority" of both the Catholic Church and the Catholic Habsburg-led Emperor. Recent scholarship has argued that the titular Westphalian treaties in 1648 actually had little to do with the principles with which they are often associated: sovereignty, non-intervention, and the legal equality of states. For example, Andreas Osiander writes that "the treaties confirm neither [France's or Sweden's] 'sovereignty' nor anybody else's; least of all do they contain anything about sovereignty as a principle."[9] Political scientists like Hall Gardner... Yet others, often post-colonialist scholars, point out the limited relevance of the 1648 system to the histories and state systems in the non-Western world.[12] Nonetheless, "Westphalian sovereignty" continues to be used as a shorthand...

The applicability and relevance of these principles have been questioned since the mid-20th century onward from a variety of viewpoints. Much of the debate has turned on the ideas of internationalism and globalization, which some say conflicts with the doctrine of the two swords ideal of self-sovereignty.[13][14][15] The origins of Westphalian sovereignty have been traced in the scholarly literature to the eponymous Peace of Westphalia (1648). The peace treaties put an end to the Thirty Years' War, a war of religion that devastated Germany and killed 30% of its population. Since neither the Catholics nor the Protestants had won a clear victory, the peace settlement established a status quo order in which states would refrain from interfering in each other's religious practices.[8] Henry Kissinger... The Westphalian system, established through a series of peace treaties in 1648, remains a foundational concept in modern international relations.

Emerging from the devastation of the Thirty Years’ War (1618–1648)—one of Europe’s most destructive and complex conflicts—it introduced key principles that continue to guide diplomacy, sovereignty, and legal norms worldwide. The Holy Roman Empire’s Catholic and Protestant nations first engaged in a religious war that lasted for thirty years. However, it soon evolved into a broader power struggle involving many of Europe’s great powers, including Spain, France, Austria, and Sweden. Ideological differences and long-standing suspicions were at the core of the conflict: A combination of national aspirations, constitutional disagreements, and foreign interventions caused the conflict to intensify, resulting in extensive damage and fatalities throughout Central Europe. Following three decades of destruction and no clear winner, the warring forces were compelled to engage in negotiations.

In addition to putting an end to the conflict, the ensuing accords, generally referred to as the Peace of Westphalia, established the framework for the modern international state system. 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."[1] According to the principle, every state, no matter how large or small, has an equal right to sovereignty.[2] Political scientists have traced the concept to the eponymous peace treaties which ended the Thirty Years'...

The principle of non-interference was then further developed in the 18th century. The Westphalian system reached its peak in the 19th and 20th centuries, but it has faced recent challenges from advocates of humanitarian intervention.[3] A series of treaties made up the Peace of Westphalia, which has been considered by political scientists to be the beginning of the modern international system,[4] [5] in which external powers should avoid interfering... The then-emerging Reformation had undermined this as Protestant-controlled states were less willing to respect the "supra authority" of both the Catholic Church and the Catholic Habsburg-led Emperor. Recent scholarship has argued that the titular Westphalian treaties in 1648 actually had little to do with the principles with which they are often associated: sovereignty, non-intervention, and the legal equality of states. For example, Andreas Osiander writes that "the treaties confirm neither [France's or Sweden's] 'sovereignty' nor anybody else's; least of all do they contain anything about sovereignty as a principle."[7] Political scientists like Hall Gardner...

Yet others, often post-colonialist scholars, point out the limited relevance of the 1648 system to the histories and state systems in the non-Western world.[9] Nonetheless, "Westphalian sovereignty" continues to be used as a shorthand... The applicability and relevance of these principles have been questioned since the mid-20th century onward from a variety of viewpoints. Much of the debate has turned on the ideas of internationalism and globalization, which some say conflicts with the Doctrine of the two swords ideal of self-sovereignty.[10] [11] [12] The origins of Westphalian sovereignty have been traced in the scholarly literature to the eponymous Peace of Westphalia (1648). The peace treaties put an end to the Thirty Years' War, a war of religion that devastated Germany and killed 30% of its population. Since neither the Catholics nor the Protestants had won a clear victory, the peace settlement established a status quo order in which states would refrain from interfering in each other's religious practices.[6] Henry Kissinger...

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