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State sovereignty and centralisation of international law
Introduction
State sovereignty and the centralization of international law are two fundamental concepts in the realm of international relations and law. State sovereignty refers to the principle that states have supreme authority within their territorial boundaries and are free from external interference. On the other hand, the centralization of international law pertains to the development and enforcement of laws that govern the interactions between states and other international actors. This response will explore these concepts in the context of Kenyan law and international law, drawing from relevant legal sources.
Table of Contents
State Sovereignty
Definition and Principles
Sources in Kenyan Law
Implications for Kenya
Centralization of International Law
Definition and Principles
Sources in International Law
Implications for Kenya
Interaction Between State Sovereignty and International Law
Balancing Sovereignty and International Obligations
Case Studies Involving Kenya
Conclusion
1. State Sovereignty
Definition and Principles
State sovereignty is the concept that a state has the ultimate authority over its territory and domestic affairs, free from external interference. This principle is rooted in the Treaty of Westphalia of 1648, which laid the foundation for the modern state system.
Internal Sovereignty: Refers to the authority of the state to govern itself without external interference.
External Sovereignty: Refers to the recognition by other states of a state's independence and autonomy.
Sources in Kenyan Law
The principle of state sovereignty is enshrined in various legal documents and frameworks within Kenya:
The Constitution of Kenya, 2010:
Article 1(1): "All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution."
Article 2(1): "This Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government."
Article 2(5): "The general rules of international law shall form part of the law of Kenya."
Article 2(6): "Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution."
The National Sovereignty and Integrity Act: This Act further elaborates on the principles of sovereignty and territorial integrity.
Implications for Kenya
Autonomy in Decision-Making: Kenya has the authority to make decisions regarding its internal affairs without external interference.
Territorial Integrity: Kenya's borders are inviolable, and any external aggression is considered a violation of its sovereignty.
Self-Governance: The Kenyan government has the exclusive right to govern its people and manage its resources.
2. Centralization of International Law
Definition and Principles
The centralization of international law refers to the development and enforcement of a cohesive set of laws that govern the interactions between states and other international actors. This includes treaties, conventions, and customary international law.
Treaties and Conventions: Formal agreements between states that are legally binding.
Customary International Law: Practices that have evolved over time and are considered legally binding, even if not codified in treaties.
International Organizations: Bodies such as the United Nations (UN) and the International Court of Justice (ICJ) that play a role in the development and enforcement of international law.
Sources in International Law
The United Nations Charter: Establishes the framework for international relations and the principles of international law.
The Vienna Convention on the Law of Treaties: Governs the creation, interpretation, and enforcement of treaties.
The International Court of Justice (ICJ): The principal judicial organ of the UN, which settles disputes between states and gives advisory opinions on international legal issues.
Implications for Kenya
International Obligations: Kenya is bound by the treaties and conventions it has ratified, as well as customary international law.
Participation in International Organizations: Kenya is a member of various international organizations, including the UN, and participates in the development and enforcement of international law.
Adherence to International Standards: Kenya is expected to adhere to international legal standards in its interactions with other states and international actors.
3. Interaction Between State Sovereignty and International Law
Balancing Sovereignty and International Obligations
The interaction between state sovereignty and international law involves a delicate balance. While states have the right to govern themselves, they are also bound by international obligations that may limit their sovereignty.
Supremacy of the Constitution: As per Article 2(1) of the Kenyan Constitution, the Constitution is the supreme law of the land. However, Article 2(5) and 2(6) incorporate international law into the domestic legal framework, creating a balance between sovereignty and international obligations.
Case Law: Kenyan courts have addressed the interaction between domestic law and international law in various cases, such as the Re The Matter of Zipporah Wambui Mathara [2010] eKLR, where the High Court held that international treaties ratified by Kenya form part of Kenyan law.
Case Studies Involving Kenya
The Rome Statute and the International Criminal Court (ICC): Kenya is a signatory to the Rome Statute, which established the ICC. The ICC's involvement in Kenya following the 2007-2008 post-election violence highlighted the tension between state sovereignty and international legal obligations.
The East African Community (EAC): As a member of the EAC, Kenya is subject to regional laws and regulations that may impact its sovereignty. The EAC Treaty and various protocols govern the interactions between member states.
Conclusion
State sovereignty and the centralization of international law are fundamental concepts that shape the interactions between states and international actors. In the context of Kenya, the Constitution of Kenya, 2010, and various international treaties and conventions provide the legal framework for balancing sovereignty and international obligations. While Kenya has the authority to govern itself, it is also bound by international legal standards and obligations. The interaction between these principles requires a careful balance to ensure that Kenya can exercise its sovereignty while adhering to its international commitments.
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