Definition of Sovereign LandAdmin
Westphalian sovereignty is the concept of nation-state sovereignty based on territoriality and the absence of a role for external actors in national structures. It is an international system of states, multinational corporations and organizations that began with the Peace of Westphalia in 1648. Named after the Peace of Westphalia of 1648, the Westphalian system of state sovereignty which, according to Bryan Turner, “made a more or less clear distinction between religion and state, and recognized the right of princes to `confessionalize` the state, that is, the religious affiliation of their kingdoms according to the pragmatic principle of cuius regio eius religio [whose region is his religion].”  In general, the land boundary of sovereign countries is the usual flood mark for tidal waterways and the ordinary low water mark for non-tidal waterways. The area between the ordinary low water mark and the ordinary high water mark on non-tidal waterways, such as the California side of Lake Tahoe or Clear Lake, is subject to the public trust easement, although the fees are privately owned. As is typical of eased land, the Board does not grant leases for land that it does not own. However, as is typical of land encumbered by an easement, the royalty holder cannot do anything inconsistent with the public trust easement in the area encumbered by the public trust easement. The first amendment, section 18-21.00401, C.A.F., known as the liaison rule, combines the review and issuance (or refusal) of an exclusive sovereign underwater land use permit (SSL) with the review and issuance (or refusal) of an official permit (an environmental resource permit, a wetland resource permit (grandfathering) or a common coastal permit). The link eliminates situations where regulatory approval is granted for an activity that is not eligible for exclusive approval, or vice versa. Before 1900, sovereign states enjoyed absolute immunity from trial, derived from the concepts of sovereignty and Westphalian equality of states. First articulated by Jean Bodin, the powers of the state are considered as suprema potestas within territorial borders. On this basis, case law has evolved towards granting immunity from prosecution to foreign States before national courts.
In The Schooner Exchange v. M`Faddon, Chief Justice John Marshall of the U.S. Supreme Court wrote that “the complete equality and absolute independence of sovereigns” created a category of cases in which “every sovereign is intended to renounce the exercise of any part of this complete exclusive territorial jurisdiction, which has been called the attribute of each nation.”   In contrast, the state`s declarative theory defines a state as a person under international law if it meets the following criteria: (1) a defined territory; (2) a permanent population; 3) a government and 4) the ability to establish relations with other states. According to the declarative theory, the state of an entity is independent of its recognition by other states, as long as sovereignty has not been acquired by military force. An important part of the Convention was article 11, which prohibits the use of military force to obtain sovereignty.