Sovereignty and International law
Duško Dimitrijević
Abstract
Duško Dimitrijević
Abstract
In this study, the author examines the complex and dynamic relationship between sovereignty, international law and international relations in general. Considering that state power is a social phenomenon, he seeks to trace its origin and growth through the history. Giving explication of legal nature of state sovereignty which is conditioned directly by philosophical and legal explanations of state and law, the author summarizes his discussion that sovereignty can't be separated from the concept of 'equality of states' which is part of the law of the UN. The contemporary trend of international law is to reduce factual inequalities in international relations through the concept of functional sovereignty which exists between states and international organizations. International law, as an advanced legal order in compliance with the concept about a relative effect of state sovereignty regulates indirectly the division of competences between various subjects of international relations and executes the supervision of their state performed realization in all aspects of international community life.
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In this study, the author examines the complex and dynamic relationship between sovereignty, international law and international relations in general. Considering that state power is a social phenomenon, he seeks to trace its origin and growth through the history. Giving explication of legal nature of state sovereignty which is conditioned directly by philosophical and legal explanations of state and law, the author summarizes his discussion that sovereignty can't be separated from the concept of 'equality of states' which is part of the law of the UN. The contemporary trend of international law is to reduce factual inequalities in international relations through the concept of functional sovereignty which exists between states and international organizations. International law, as an advanced legal order in compliance with the concept about a relative effect of state sovereignty regulates indirectly the division of competences between various subjects of international relations and executes the supervision of their state performed realization in all aspects of international community life.
Key concepts: Sovereignty, International law, Law, Political science, Public international law, State (computer science), Municipal law, Sovereign state