Sovereignty Modern & Populist Governments: A Discussion On Novel Conceptions Of International Law

Vibhor Goel, LL.M., Jindal Global Law School, Specializing in Corporate and Financial Laws

ABSTRACT

The article is a discussion on 2 exemplary scholarly papers published by notable researchers in the field of law and may be considered as a form of reaction paper on the same. The first paper being discussed herein is a 2003 paper titled “Sovereignty – Modern: A New Approach to an Outdated Concept”, written by John H. Jackson and published in the American Journal of International Law1, (hereinafter referred to as “Paper 1”). The second is a 2019 paper titled “Populist Governments and International Law”, written by Heike Krieger and published in the European Journal of International Law2, (hereinafter referred to as “Paper 2”). The article shall briefly summarize the key highlights and observations made in these papers, thereafter, present certain views and analysis in respect of these writings and finally attempt a synthesis of ideas presented in Paper 1 and Paper 2. While the article does, at certain places, offer an alternative approach of analysis or critique or conflicting views, the article does not take a deep dive into or support such views by conducting in-depth independent research on the subject. The concept of populist governments and sovereignty is becoming increasingly important in today’s world characterized by the ability of people to freely publish their views on social media, recent disputes amongst nations and even instances of the competency of state leaders being questioned, warranting academic and social discussions on the abovementioned concepts. This article attempts to advance such discussions.