The Changing Role of State Responsibility: Comparative Approach

Kennedy M Maranga


State sovereignty has for the past several hundred years, been a defining principle of interstate relations and a foundation of world order. This paper explores the concept of contractual relationships between states and citizens. An analysis as to how the social contract theory was crafted and has evolved over time is examined. The paper explores and describes the historical context of state formation and state responsibility from the 16th century to the present. Case law is also cited. The effect of these concepts on social change specifically on public policymaking and implementation is analyzed. Recent developments in the European Union, Sudan and Asia have been considered. The 2010 and 2011 political revolutions in Tunisia, Egypt, Libya and other Middle East countries demonstrate how state responsibility has undergone change and needs to take a different approach owing to global changes: technology, economic growth, education, and political influence. Key finding is that, in today’s globalizing world, it is generally recognized that cultural, environmental, and economic influences neither respect borders and the doctrine of state sovereignty is no longer a defense.

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