The changing concept of sovereignty under public international law: a critical analysis of Iraq's sovereignty after the invasion of United States of America

• Main Author: Qader, Mohammed Mustafa
• Format: Thesis
• Language: English; English; English
• Published: 2018
• Subjects: K Law (General)
• Online Access: https://etd.uum.edu.my/9014/1/s95275_01.pdf; https://etd.uum.edu.my/9014/2/s95275_02.pdf; https://etd.uum.edu.my/9014/3/s95275_references.docx; https://etd.uum.edu.my/9014/

Sovereignty is fundamental in international law yet it has no universal acceptable definition. The exclusive control of States over their territories and affairs is challenged and tempted, hence the meaning of sovereignty keeps changing through invasions. The 2003 unauthorised invasion of Iraq by the United States of America and the Coalition forces prompted this research. The research analyses the legal framework for the concept of sovereignty and how it keeps changing under international law regarding Iraq. Equally, the research examines the impacts of invasion on Iraq's sovereignty and the factors guaranteeing its sovereignty. The research also compares Union of Soviet Socialist Republics invasion of Afghanistan with the USA invasion of Iraq to draw lessons regarding the concept of sovereignty under international law. The research used doctrinal legal method and empirical approach in data collection and analysis. The documentary data was complemented by the interview data to achieve all the objectives of research. Findings revealed that the American invasion was based on cooked intelligence and false information which undermined Iraq's sovereignty; practice of double standard in the United Nations Security Council over the enforcement of international law prohibitions against invasions of independent states; United States of America exceeded its limits under international law by altering Iraq's institutions; and lack of redressing process to compensate Iraq and Iraqis victims of illegal invasion under international law. The research recommends treaties and states' constitutions to be respected by all nations. United Nations should institutionalise a scheme for rebuilding Iraq which suffers from unauthorised and illegal invasion based on false information.