Legitimacy of Popular Sovereignty and Ad Hoc Consent Against Standing Authorizations for Humanitarian and Restorative Interventions

Popovski, Vesselin (2025) Legitimacy of Popular Sovereignty and Ad Hoc Consent Against Standing Authorizations for Humanitarian and Restorative Interventions. Fudan Journal of the Humanities and Social Sciences. ISSN 1674-0750

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Abstract

This article argues that standing authorizations should be accompanied by consent from legitimate representatives as to protect the inviolability of popular sovereignty and serve as a ‘gatekeeper’ against abuse of humanitarian and restorative interventions. If sovereignty arises from people, not from an absolute divine authority, then people, with their recognized representatives, can invite interventions. Governments, disregarding elections results, or, worse, committing crimes against humanity against their people, effectively forfeit their absolute sovereignty both internally to people, and externally to other states, by violating jus cogens and universal norms. Seen this way, popular sovereignty and ad hoc consent for humanitarian intervention are no longer antagonistic and can be reconciled. When people, through their legitimate representatives, invite external intervention, they effectively exercise popular sovereignty.

Item Type: Article
Keywords: Legitimacy | Sovereignty | Intervention | Authorization | Responsibility to protect
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Gautam Kumar
Date Deposited: 03 Jun 2025 06:49
Last Modified: 03 Jun 2025 06:49
Official URL: https://doi.org/10.1007/s40647-025-00442-7
URI: https://pure.jgu.edu.in/id/eprint/9589

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