1. Sovereignty: What does the future hold for the uk and EU?

2. 1) Is the concept of sovereignty outdated in an increasingly globalised world?
2) What are the implications of Brexit for the sovereignty of the United Kingdom? 2
Research Questions

3. Part One- What is ‘Sovereignty’?
Let’s ask a former US President…

4. Bush was right about one thing…
Sovereignty is complicated!*
Sovereignty is a contested notion, where the definition and level of importance often changes depending on the ideology, and beliefs of those defining it.
Does sovereignty lie with the state?
Does sovereignty reside with politicians?
How does a globalised world of interconnected structures interfere with ‘state sovereignty’?
Is sovereignty really that important?
All of these are questions which make sovereignty a complicated topic, and a centrepiece for the (ongoing) debates around Brexit.
* Okay, maybe not quite as complicated as he found it…

5. Simple Definition: “the authority of a state to govern itself, and determine its own laws and policies.” (ukandeu.ac.uk, 2018)
“Sovereignty is the supreme will of the state” – Willoughby
Hobbes – the individual sovereign has ultimate power and authority – “Leviathan.”
Max Weber – monopoly over use of “legitimate physical violence.”
Stephen Krasner – “a state has the exclusive right to have control over an area of governance, people, and that a state has a legitimate exercise of power and the interpretation of international law.”
- Hobbes idea of sovereignty was outlined in his work of ‘Leviathan’, where sovereignty lies in the hands of one supreme ruler or monarch – known as said leviathan. Hobbes argued that a social contract was needed between society and the state in order to protect from communities descending into an anarchic state of nature, and ultimately civil war. In order to prevent such a situation, one all-encompassing sovereign leader is required to oversee society, and ensure that laws are kept to – ruling with somewhat of an ‘iron fist’. For Hobbes, humans are inherently evil and untrustworthy, and thus all sovereignty must be bestowed upon one individual who will provide protection for the lives and property of those within society. Whilst a list of 12 rules were published in Hobbes book – it is often said that his outlook resembles much more a dictatorship, than the idea of state sovereignty that we know today.
Developing on Hobbes’ early theory was German philosopher Max Weber, for whom the state assumes the role of the dominant power in questions of sovereignty. For Weber, sovereignty was defined by observing the monopoly of legitimate physical violence that a “human community” or governing body has successfully laid claim to. Such a monopoly though is not all encompassing, and limited to a specific geographical area – otherwise known as the state.
Krasner (1999) displays a more modernized view of sovereignty – but still alludes to the overriding power of a select group in governance. Ultiamtely therefore whilst definitions have developed over time – it would be fair to conclude that an appropriate definition of sovereignty still lies within combining the simple definitions of Willoughby and ukandeu.ac.uk, where “Sovereignty is the supreme authority of the state to govern itself, determine its own laws, policies and direction through the legitmate exercise of power and interpretation of international law.”
What is ‘Sovereignty’?

6. “Sovereignty is the supreme authority of the state to govern itself by determining its own laws, policies and general direction, through the legitimate exercise of power and interpretation of international law.”

7. State Sovereignty
The overarching similarity between all of these definitions of sovereignty is the central importance of the state.
“A state is more than a government […] Governments change but states endure.” (Globalpolicy.org, 2005)
Levies taxes, chief administration, distribute and re- distribute resources and wealth.
“Internal sovereignty”, or “Westphalian Sovereignty” - the state is left to pursue its own domestic affairs without legitimate interference.
Any interference from anyone other than the sovereign state, would be an encroachment on such internal state sovereignty.

8. Sovereignty before the age of globalisation
External Sovereignty – each independent state has the right to act on its own accord – sign its own trade treaties, enter its own military agreements etc.
“The modern state is a sovereign state. It is, therefore, independent in the face of other communities. It may infuse its will towards them with a substance which need not be affected by the will of any external power” (Laski, 1967)
First penned in 1925, prior to World Wars, the establishment of international institutions and the age of globalisation.
Does external sovereignty still exist for all?
Do we need a new definition?

9. But are these definitions relevant?
Westphalian Sovereignty – can be encroached upon when certain situations arise (Krasner, 1999).
Lack of religious toleration.
Threatening of minority rights.
Threatening of human rights.
In the interests of international stability.
The spread of globalisation and subsequent interdependence leaves individual state sovereignty as less important, eroded for some.
Loss of trust in the state, and spread of democratic thought leaves the strong-handed sovereigns of Hobbes and Weber less desirable in modern society.

10. The Nation State
State sovereignty is often thought to be concentrated within geographical borders – territories.
“The nation-state is an area where the cultural boundaries match up with the political boundaries.” (UNESCO.org, 2017)
Where does sovereignty lie when the nation state is not seen as the most important actor?
EG – sectarian divides in the Middle East and Africa; devolution issues and separatist sentiment in the UK.
Is British sovereignty enough? Or is it England for the English? Scottish for the Scottish? Irish…? Yorkshire? Independent state of Cornwall…? Where does self-determination and sovereignty end?
Middle East – divides such as between Shias and Sunni Muslims. Also, in Islam it is the divine word of God that is said to guide legislation – so how does a nation state practice sovereignty when it is religious scriptures that gain legislative sovereignty?

11. International institutions and sovereignty
As states become more interdependent through trade, economic liberalisation, security cooperation and more – individual state decisions become fewer.
Interdependence Sovereignty – globalisation erodes state sovereignty. (Krasner, 1999)
World Trade Organisation (WTO)
North Atlantic Treaty Organisation (NATO)
United Nations (UN)
International Monetary Fund (IMF)
European Union (EU)
Does membership / compliance to international institutions or treaties reduce external national sovereignty?
If so, is this truly a hindrance?

12. Has Globalisation undermined the state?
Sir Steve Smith, Oxford Academic Press

13. Part Two – Sovereignty, the UK and the EU

14. Sovereignty and the UK
UK Parliament is ultimately sovereign in UK affairs – outlined as parliamentary sovereignty in the UK’s uncodified constitution. (parliament.uk, 2018)
Government ministers are accountable to parliament.
No parliament can pass laws that a future parliament cannot rescind (exceptions such as Europe and Human Rights).
But, as the Executive branch sits within the legislature – can Prime Ministerial dominance offer them sovereignty over parliament?
Devolution raises questions as to where sovereignty lies. Does devolution display a dispersal of sovereignty, or is the process false – with sovereignty still remaining within Westminster?
- Questions are raised as to whether devolution removes sovereignty from parliament by dispersing certain powers to the separate nations making up the United Kingdom. Yet, in theory, parliament could still vote to repeal part of or indeed even all of devolution, so in theory the overarching sovereignty still remains with Westminster no matter how much is devolved throughout the UK. Still threatened though – devolution promotes the desires of separatist sentiments (SNP).

15. Sovereignty and the EU
The argument is made that being a member of the European Union (EU) reduces the individual sovereignty of nation states.
Joining the EU brings certain laws and regulations that governments must sign up to – such as the Working Time Directive and particular laws on Climate Change and regulation.
For some, this displays a reduction of state sovereignty, through collective legislation governing individual states – often described as “pooling of sovereignty.”
However, the simple fact that the UK (and other states) can take the decision to leave the EU through Article 50 may suggest that states still remain sovereign.

16. Regaining Sovereignty – “Take Back Control”
“Take Back Control” was the primary slogan of the Vote Leave campaign, and has continued to be so since the referendum result.
“Take Back Control” of what? Borders? Immigration policy? Judicial decisions? Legislation? Sovereignty?
Sovereignty at its inception meant the “supreme authority of the state to govern itself” – so did Vote Leave have a point? Does leaving the EU give more authority to UK lawmakers?

17. EU membership is incompatible with parliamentary sovereignty!
Our membership of the EU stops us being able to choose who makes critical decisions which affect all our lives.
EU membership is incompatible with parliamentary sovereignty!

18. "Sovereignty really means: are you able to get things done
"Sovereignty really means: are you able to get things done? Are you able to change things, to fix things?
"You might feel more sovereign, but if you can't get your businesses access to European markets, if you can't keep your people safe… you're less in charge of your destiny."

20. Does Brexit regain sovereignty for the UK?
Much EU law that member states must sign up to refers to areas such as trading standards, environmental protection, workers rights etc.
“Great Repeal Bill” argued to be incorporating much of this EU law into British Law.
If parliament is truly sovereign in the UK, then should MPs have the final say on the Brexit deal?

21. References
Globalpolicy.org. (2005). What Is a "State"?. [online] Available at: states/what-is-a-state.html [Accessed 23 Jul. 2018].
Laski, H. (1967). A Grammar of Politics. 2nd ed. London: Allen and Unwin.
UK in a changing Europe. (2018). What is sovereignty? - UK in a changing Europe. [online] Available at: [Accessed 21 Jul. 2018].
Unesco.org. (2017). Nation-State | United Nations Educational, Scientific and Cultural Organization. [online] Available at: sciences/themes/international- migration/glossary/nation-state/ [Accessed 26 Jul ].

22. Questions and Readings
1) In terms of possible 'nation state' successors to the UK, where should the boundaries of England lie?
2) Can the island of Ireland ever be a nation state?
3) Does the process of EU decision-making undermine British Parliamentary sovereignty?
4) Who should have the final say in a Brexit deal?

23. Debate
‘The decision of the British people to leave the European Union will lead to the complete restoration of the nation's sovereignty.’