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

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

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 th...

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Main Author: Qader, Mohammed Mustafa
Format: Thesis
Language:eng
eng
eng
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
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spelling my-uum-etd.90142022-01-20T06:29:12Z The changing concept of sovereignty under public international law: a critical analysis of Iraq's sovereignty after the invasion of United States of America 2018 Qader, Mohammed Mustafa Ahmad, Masum Abdul Rahman, Rohana Ghazali Shafie Graduate School of Government Ghazali Shafie Graduate School of Government K Law (General) 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. 2018 Thesis https://etd.uum.edu.my/9014/ https://etd.uum.edu.my/9014/1/s95275_01.pdf text eng public https://etd.uum.edu.my/9014/2/s95275_02.pdf text eng public https://etd.uum.edu.my/9014/3/s95275_references.docx text eng public other doctoral Universiti Utara Malaysia
institution Universiti Utara Malaysia
collection UUM ETD
language eng
eng
eng
advisor Ahmad, Masum
Abdul Rahman, Rohana
topic K Law (General)
spellingShingle K Law (General)
Qader, Mohammed Mustafa
The changing concept of sovereignty under public international law: a critical analysis of Iraq's sovereignty after the invasion of United States of America
description 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.
format Thesis
qualification_name other
qualification_level Doctorate
author Qader, Mohammed Mustafa
author_facet Qader, Mohammed Mustafa
author_sort Qader, Mohammed Mustafa
title The changing concept of sovereignty under public international law: a critical analysis of Iraq's sovereignty after the invasion of United States of America
title_short The changing concept of sovereignty under public international law: a critical analysis of Iraq's sovereignty after the invasion of United States of America
title_full The changing concept of sovereignty under public international law: a critical analysis of Iraq's sovereignty after the invasion of United States of America
title_fullStr The changing concept of sovereignty under public international law: a critical analysis of Iraq's sovereignty after the invasion of United States of America
title_full_unstemmed The changing concept of sovereignty under public international law: a critical analysis of Iraq's sovereignty after the invasion of United States of America
title_sort changing concept of sovereignty under public international law: a critical analysis of iraq's sovereignty after the invasion of united states of america
granting_institution Universiti Utara Malaysia
granting_department Ghazali Shafie Graduate School of Government
publishDate 2018
url 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
_version_ 1747828508338421760

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