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6 Amsterdam L.F. 1 (2014)

handle is hein.journals/amslawf6 and id is 1 raw text is: AMSTERDAM
LAW FORUM
VU UNIVERhin AM$TERDAM
Editorial
Re-visiting our understanding of
sovereignty: An homage to the
people
Xhanti Mhlambiso - Editor-in-Chief
A lot has happened in the international realm during the past couple of months. In
Africa, mediators continue to advocate for the negotiation of a peace deal in South
Sudan, pressing for a cease-fire as government troops fight for control over the last
rebel-held town. In the Middle-East, the Friends of Syria alliance has been met with
further difficulties in unifying rebel groups, despite the fact that the first direct talks
between President Bashar Al-Assad's government and the opposition are scheduled
to commence in Geneva on the 22nd January 2014. Closer to home, in Europe,
human rights lawyers and campaigners alike have asked the International Criminal
Court (ICC) to investigate allegations of torture in Iraq which are said to have
constituted a 'systematic abuse' of Iraqi detainees by British troops during their
presence in the country, arguing that they meet the threshold requirements for war
crimes.
The aforementioned cases are but a few examples of intervention by states and other
non-state actors, despite such action (arguably) being contrary to the notion of state
sovereignty. The sovereignty-intervention debate is one that is well-known in the field
of International Law. However, the ambivalent (and often tumultuous) relations
between certain states invite a re-examination of our contemporary understanding of
sovereignty.
There is no denying that globalisation has led to an unprecedented movement of
people, capital and knowledge throughout the world. As such, traditional distinctions
based on borders are no longer effective in determining or containing the hegemonic
influence of states. Now more than ever, it is clear that the rise of non-state actors in
the form of multi-national organizations, corporations, foreign aid agencies,
transparency agencies and human rights agencies has had both a facilitating and
constricting effect on governments' ability to adopt certain policies and to participate
in global dialogue.
It can be said that the concept of sovereignty has changed over time-from the
traditional view that the state holds absolute authority, to the more contemporary
view that the people, not states, are the prime consideration when it comes to political
legitimacy. One of the most renowned advocates for the contemporary understanding
of sovereignty as peoples not states is the political philosopherJohn Rawls.
Rawls's theory of sovereignty is based on the idea that the highest authority is not a

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