S O V E R E I G N T Y

S O V E R E I G N T Y

Sovereignty can be defined as the quality of having the highest, self‐regulating authority over a certain geographical area, such as a state territory. It represents a power of law making within its scope, which is considered to be legitimate itself, without the need for any other justification.[1] Nihal Jayawickrama, sebagaimana dikutip Predrag Zenović berpendapat  ‘In the context of the doctrine of state sovereignty, it was inconceivable that international law could vest an individual with any rights exercisable against his own state’.[2]

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[1]Predrag Zenovic, 2012, Human Rights Enforcement Via Peremptory Norms – A Challenge To State Sovereignty, RGSL Research Papers, No. 6, Riga Graduate School of Law, hlm.10

[2]Nihal Jayawickrama, 2002, The Judicial Application of Human Rights Law, National, Regional and International Jurisprudence, Cambridge University Press, New York, hlm.17.