The Issues Of Jurisdictional And Sovereignty In States And The Inter State

The Issues of Jurisdictional and Sovereignty in States and the Inter-State
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Table of Contents TOC \o "1-3" \h \z \u 1.0 Introduction PAGEREF _Toc497296849 \h 32.0 Definition of Sovereignty PAGEREF _Toc497296850 \h 33.0 Commercial Liberalism PAGEREF _Toc497296851 \h 44.0 Corporate States PAGEREF _Toc497296852 \h 65.0 Problems Relating to MNEs PAGEREF _Toc497296853 \h 86.0 Sovereignty and Autonomy PAGEREF _Toc497296854 \h 97.0 International Trade PAGEREF _Toc497296855 \h 118.0 Opposing Arguments Regarding Sovereignty PAGEREF _Toc497296856 \h 139.0 Conclusion PAGEREF _Toc497296857 \h 1410. Reference List PAGEREF _Toc497296858 \h 15
The Issues of Jurisdictional and Sovereignty in States and the Inter-State
1.0 Introduction
In his article, Sovereignty@bay: Globalization, multinational enterprise and the international political system, Stephen Kobrinis of the opinion that there has been increased conflict between multinational enterprises (MNEs/MNCs) and the nation state.Whilst globalization is still in its initial years, it is expected that with time, the process will quicken thanks to the increase in MNEs operations. Despite this expectation, regulation, law, politics and society are mainly national, only slowly rising from the boundaries imposed by the westphalian states or modern states system. There exists a governance gap as politics stays behind markets which go beyond the accomplishment of the nation-state. According to Kobrin the process of globalization has created a demand for the right to go beyond the nation-state which if actualized would transform it. This paper seeks to support Kobrin’s opinion that the process of globalization as characterized by a high number of MNEs has eroded the power and by extension the sovereignty of the state.[Kobrin, S. (2006, p. 2, first paragraph)] [Kobrin, S. (2006, p. 2, second paragraph)]
2.0 Definition of Sovereignty
Sovereignty is defined as the full right of the ultimate overseer or the government to retain power over itself without interference from external sources or bodies. In reference to the nation-state, sovereignty is the ability of the state to oversee its political, economic and social systems without interference from foreign players. Notably, the process of globalization has uprooted sovereignty from its traditional jetty in ordinary English and converted it into a prisoner of numerous academic concepts. The significance of the doctrine of sovereignty need not be overrated. It is a formidable instrument in the hand of lawyers and politicians and a decisive factor in the formation of territorial institutions or what is known as the nation-state. It is important to note that whilst sovereignty has over the years proved to be stable and long lasting, it is not unchanging or fixed. On the contrary, it has over the years evolved and assumed different personas. In this context, sovereignty has been reformulated time and again to fit the exigencies and demands of different historical episodes or periods. The modern period of increased globalization is a classic example of how sovereignty has been formulated over the years. Today, sovereignty of the nation-state has been eroded through the increased growth of mu...