Sovereignty Conflicts and International Law and Politics
A Distributive Justice Issue
By Jorge E. Núñez
Sovereignty conflicts as a distributive justice dilemma
It is arguably a truism in international law and politics that an ultimate
sovereign, with a common legal bond or system of norms, will govern
one territory with population. What would happen if that one territory
and population had two ultimate and hierarchically equal sovereigns
(legally speaking) and, at the same time, two valid sets of norms?
Would it be possible, for instance, that Israel and Palestine had sovereign
authority at the same time over Jerusalem? Would it be possible that
Argentina and the United Kingdom were at one time sovereign over the
territory and population of the Falkland/Malvinas Islands? If the answer
were positive, what would the consequences be—in terms of territory,
population, government and law?