Contemporary challenges to the idea of national sovereignty in light of the principle of territorial jurisdiction

Al-Khalid, Aseel Omer

doi:10.63677/jqlap.2025.189994

	Contemporary challenges to the idea of national sovereignty in light of the principle of territorial jurisdiction
AL-Qadisiya Journal For Law and Political Sciences
Article 53, Volume 16, Issue: 2 part 1, September 2025, Pages 1113-1160 PDF (1.35 M)
DOI: 10.63677/jqlap.2025.189994
Author
Aseel Omer Al-Khalid
University of Basra, College of Law- Public Law Dept
Abstract
Due to the increasing scope of foreign interference in the internal affairs of countries, especially in light of globalization and technological development Which led to the violation of the state's sovereignty and undermining the idea or principle of territorial jurisdiction Which regulates the state's control over its land, water, air and judicial borders. We have dealt with this study in two sections. In the first section, we explained the legal basis for the idea of the territoriality of criminal law. The second section was devoted to explaining the challenges facing national sovereignty in light of the principle of regional jurisdiction. This is done by defining sovereignty, the problems it faces, and national and international solutions. A set of results and recommendations were reached, and one of the most important results we reached is that the principle of regional spatial jurisdiction It is based on international foundations and punitive justifications that prompted Iraq to adopt it as a general principle, as the Iraqi legislator In line with international law, it is keen to affirm the state's sovereignty over its land, water and air space The principle of national sovereignty represents the legal guarantee of the independence and integrity of states. It gives each state the right to protect its territory and resources and to adopt the legislation and decisions it deems appropriate for this purpose. The most important recommendations were represented by the necessity of understanding the recent developments in the concept of challenges affecting national sovereignty and the necessity for countries to take into account the nature of these serious challenges that the international community and the new world order have become, which has imposed its existence as a reality. Especially those related to interventions that affect state sovereignty, and reshaping its traditional concept to suit new international situations, in addition to activating the role of national and international judiciary and punishing all those involved in undermining the sovereignty and national identity of states and undermining borders, in order to limit these problems or challenges and achieve the goals of modern criminalization policy.
Keywords
Standards; Challenges; Sovereignty; Cyberspace; Solutions; jurisdiction; Regional; Subjective

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