Problem of State Sovereignty and its Reflection in the Doctrine of Leon Duguit and Raymond Carre de Malberg

2016 ◽  
Vol 4 (2) ◽  
pp. 0-0
Author(s):  
Вера Романовская ◽  
Vera Romanovskaya
Keyword(s):  
International Law ◽  
World Order ◽  
Popular Sovereignty ◽  
State Sovereignty ◽  
Modern World ◽  
Historical Experience ◽  
National Sovereignty ◽  
Modern Times ◽  
Legal Nature ◽  
Current Article

The current article is devoted to the analysis of the problem of state sovereignty. For the purpose of resolving complicated scientific and practical problems of modern times the authors of the article draw the readers’ attention to the necessity of referring to the investigation of historical experience which received its categorial and conceptual reflection in different political and legal theories and conceptions. In connection with it, the authors of the article consider the little-studied views of two outstanding French academic lawyers Leon Duguit and Raymond Carre de Malberg, who lived in the second half of the XIX — the first half of the XX century, on the problem of state sovereignty, popular sovereignty, and national sovereignty. The authors bring to light the similarities and differences of views on the notion and legal nature of sovereignty, analyze critical remarks about the theory of popular and national sovereignty made by L. Duguit and R. Carre de Malberg. The authors of the article come to a conclusion about the importance of maintaining the notion “state sovereignty” as the key value component of the modern world order, including both the area of international law and the internal political sphere of state.

Sovereignty

2019 ◽  
Author(s):  
Hermann Heller
Keyword(s):  
International Law ◽  
Political Theory ◽  
Weimar Republic ◽  
Political System ◽  
Popular Sovereignty ◽  
Liberal Democracies ◽  
National Sovereignty ◽  
Nation States ◽  
The People ◽  
Pluralistic World

This 1927 work addresses the paradox of sovereignty, that is, how the sovereign can be both the highest authority and subject to law. Unlike Kelsen and Schmitt who seek to dissolve the paradox, this text sees the tensions that the paradox highlights as an essential part of a society ruled by law. Sovereignty, in the sense of national sovereignty, is often perceived in liberal democracies today as being under threat, or at least “in transition,” as power devolves from nation states to international bodies. This threat to national sovereignty is at the same time considered a threat to a different idea of sovereignty, popular sovereignty—the sovereignty of “the people”—as important decisions seem increasingly to be made by institutions outside of a country’s political system or by elite-dominated institutions within. This text was written in 1927 amidst the very similar tensions of the Weimar Republic. In an exploration of history, constitutional and political theory, and international law, it shows that democrats must defend a legal idea of sovereignty suitable for a pluralistic world.

The Nomos and the Gaze

2018 ◽  
Author(s):  
Zoran Oklopcic
Keyword(s):  
International Law ◽  
Popular Sovereignty ◽  
Self Determination ◽  
National Sovereignty ◽  
Territorial Integrity ◽  
Political Autonomy ◽  
The Gaze ◽  
Main Factors ◽  
The Right

Chapter 5 confronted the imagination of the right to self-determination in international law. It focused on the ways in which interpretations of that right hinge on jurists’ implicit cartographies, their scopic regimes, affective predilections, disciplinary self-images, concealed calculi of suffering, visions of alternative universes, false binaries, and their idiosyncratic levels of (im)patience and anxiety, which—together with their quasi-nationalistic professional commitments and dreams of disciplinary sovereignty—remain some of the main factors that determine how international lawyers interpret the national sovereignty, territorial integrity, and political autonomy of everyone else. After having proposed a number of new ways of looking at the claims of the right to self-determination, Chapter 6 ends on a sobering note: as long as jurists remain preoccupied with their own disciplinary self-determination and ‘linguistic’ purity, they will continue reproducing the flat, monochromatic, and vacuous imaginary of popular sovereignty.

The subjects of spatial statism: Reclaiming politics and law in international entanglement: Afterword to the Foreword by Ran Hirschl and Ayelet Shachar

2020 ◽  
Vol 18 (1) ◽  
pp. 36-44
Author(s):  
Paul Linden-Retek
Keyword(s):  
International Law ◽  
Popular Sovereignty ◽  
State Sovereignty ◽  
Public International Law ◽  
International Courts ◽  
State Coordination ◽  
Politics And Law ◽  
Normative Foundations ◽  
Do So ◽  
Common World

Abstract In their Foreword, Hirschl and Shachar challenge the supposed contemporary decline of state sovereignty and describe the enduring and expansive spatial reach of state power to counter threats to sovereign territorial control. This Afterword looks into the normative foundations of this account and its consequences for public international law and for international courts, in particular. “Spatial statism” exposes, I argue, a disjunction between the concepts of state sovereignty and popular sovereignty—and thus disrupts the normative expectation that those subject to the law are also its authors. It is this expectation that international judicial review must seek to restore. The attempt to do so is burdened by analytical and practical difficulties. But the project, I argue, is essential. In confronting the new “spaces” of international entanglement, judges must redeem the idea that citizens might yet reclaim those entanglements as a “common world,” not just a space in which they are brought together, unfreely, under the mantle of state coordination and coercion.

scholarly journals The Legal Nature of International Energy Associations in the Modern World

Lex Russica ◽  
2019 ◽  
pp. 72-90
Author(s):  
A. S. Gulasaryan
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
International Organization ◽  
Modern World ◽  
Russian Science ◽  
Transnational Organizations ◽  
Legal Nature ◽  
The Russian Federation ◽  
First Time

For the first time in the Russian science of international law the author of the paper performs a comprehensive analysis of the legal nature of international energy associations, their role in international administration in the sphere of energy.International energy associations are grouped into four categories depending on their legal nature: 1) associations in the form of public international organizations (IAEA; Eurato/ESAE; OPEC; EES CIS; CECH; EC; FEG; IRENA);2) associations functioning as a body of a public international organization (IEA OECD); 3) associations that can be considered as international non-governmental (transnational) organizations (WEC, IGU, IOC), (4) associations that can be classified as informal international associations (G7/G8; G20; IEF). It is noted that the international energy administration involves not only public international organizations, but also non-legal actors of international relations— international non-governmental(transnational) organizations and informal international associations. In order to determine the legal nature of international energy associations, the author considers constituent instruments, resolutions (decisions), headquarters agreements, agreements regarding privileges and immunities of international organizations, treaties and the contemporary doctrine of international law.Provisions, generalizations and conclusions provided for in the article, can be used for the development of strategies of interaction of the Russian Federation with the above-mentioned associations in the field of energy.

scholarly journals THE CONCEPT OF STATE SOVEREIGNTY: HISTORICAL DEVELOPMENT AND ROLE IN THE MODERN WORLD ORDER

2018 ◽  
Vol MARCH (2018) ◽  
pp. 444-450
Author(s):  
E.V. Vorontsova ◽  
A.L. Vorontsov ◽  
R.M. Allalyev ◽  
A.V. Serebrennikova ◽  
N.G. Bondarenko ◽  
...  
Keyword(s):  
Historical Development ◽  
World Order ◽  
State Sovereignty ◽  
Modern World

scholarly journals Implementation of the Norms of International Law on the Legal Status of Refugees into the Legislation of the Russian Federation and the Mechanism for their Implementation

2021 ◽  
Vol 1 ◽  
pp. 106-111
Author(s):  
E. A. Pavelyeva ◽  
◽  
R. Kh. Paytyan ◽  
Keyword(s):  
New York ◽  
International Law ◽  
Russian Federation ◽  
Legal Status ◽  
Migration Policy ◽  
World Order ◽  
Modern World ◽  
Refugee Status ◽  
The Russian Federation

The analysis of the application of the norms of international law in relation to the establishment of the legal status of refugees, their protection, granting of asylum in the Russian legal system is carried out. Conclusions are drawn about the inconsistency of some norms of national law with universal norms. Problems are identified at the term level. The necessity of supplementing the concept of «refugee» with new categories and features, such as armed conflicts in the country of habitual residence, is substantiated. In support of this thesis, an overview of Russian judicial practice is given. It is concluded that from a legal point of view, both at the universal and at the national levels, a very effective system of assistance to refugees has developed. However, in practice, when the need arises to implement such norms, numerous difficulties arise. It is recommended to solve these problems by eliminating the inconsistency of norms at different levels. The 1951 Convention has ceased to meet the needs and realities of the modern world order. The need to revise the entire system of norms in this area, and the implementation of innovations in national laws is revealed. The role of cooperation between the Office of the UN High Commissioner for Refugees and the national departments of the Russian Federation is analyzed, and the significant role of the Agency in improving the legislative framework of the Russian Federation is indicated. It is recommended to develop mandatory rules regarding the procedure for granting refugee status. It is proposed to give more legal force to the New York Declaration adopted in 2016, which fully fills the gaps in this area, but at the moment it is only advisory in nature. The tightening of the rules for granting legal status to refugees as a result of the analysis of current trends in the migration policy of Russia is revealed. It is recommended to find a balance of interests in terms of the ratio of the principles of sovereignty and respect for human rights and freedoms.

scholarly journals INTERNATIONAL LAW IN THE CONDITIONS OF TRANSFORMATION OF CONTEMPORARY WORLD ORDER

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
Анатолий Капустин ◽  
Anatoliy Kapustin
Keyword(s):  
International Law ◽  
Legal Theory ◽  
World Order ◽  
Legal Order ◽  
Modern World ◽  
Contemporary World ◽  
International Policies ◽  
International Legal Order ◽  
And Function ◽  
The Relationship

The article discusses the role and function of international law in the transformation of the modern world order. A brief description of the main features of international contemporary international relations and the role of international law in maintaining international legal order is given. The relationship and interaction of international policies of States and international law is examined. Scientific schools of international law exploring the relationship of international law and foreign policy are analyzed. In this regard, the author draws attention to the problem of the legitimacy of international law and established international legal order. The assessment of challenges to the legitimacy of international law and its reflection in the current international legal theory is made.

scholarly journals POLITICAL ASPECTS OF IMPLEMENTATION OF INTERNATIONAL LAW IN NATIONAL LEGISLATION OF THE UNITED STATES: FROM THEORY TO PRACTICE

2019 ◽  
Vol 21 (2) ◽  
pp. 254-267
Author(s):  
Mikhail A Burda ◽  
Ekaterina S Shevchenko
Keyword(s):  
United States ◽  
International Law ◽  
Political Development ◽  
World Order ◽  
The United States ◽  
Modern World ◽  
Federal Legislation ◽  
Course Of Action ◽  
The Us ◽  
Us Government

One of the big-league participants in major international processes, the US government defines the current agenda of the modern world order, steers the vector of international relations development and affects the distribution of power on the global political arena. A supporter of the Non-Institutionalized Global Governance concept and the idea of Rule of Law, American administration demonstrates its own, specific understanding of the goals and course of action of modern international legislation. It seems to have its own insight on the nature and order of international organizations in regards to formulation and adoption of international law, the US role in determining the key features of global law enforcement, as well as the standards and principles of implementation of international law in the US federal legislation. Despite the recent tendency of the US government to roll back from participation in IO projects and revision of a number of agreements within the framework of interstate cooperation, the United States not only succeeds, one way or another, in guiding the trends of global political development, but also continues to have an impact on the interpretation and application of international law. The given article looks at the status of international law in the American legal system, focuses on the participation of the United States in proposition, discussion and adoption of conventions, declarations, agreements and other documents within the framework of the UN, and determines the main directions, according to which American jurisdiction implements international legal doctrines. The current research also brings a focus on specific issues, problems, relations, and contacts regulated at the international level but not implemented by the US federal legislation. The article analyzes political aspects of formulation and adoption of legal rules by American public administration, which are meant to supplement and specify the dominant principles of international sources of law.

PRACTICAL ASPECTS OF APPLICATION OF THE MODEL OF INTEGRAL ASSESSMENT OF THE LEVEL OF ECONOMIC SECURITY OF UKRAINE

2017 ◽  
Author(s):  
Oksana Gaiduchok ◽  
◽  
Oleksiy Stupnytskyi ◽  
Keyword(s):  
National Security ◽  
Economic Security ◽  
Modern World ◽  
Security Threats ◽  
National Interests ◽  
Modern Times ◽  
Military Security ◽  
Integral Assessment ◽  
Political Economic

In modern times, it is believed that by reducing the risk of military intervention, military security has lost its relevance, and economic security has become a priority of national interests. The principle of economic security is as follows: national interests are supported through an economic system that supports free exchange and ensures the upward mobility of the nation. The analysis of economic security is based on the concept of national interests. It is well known that the problem of national security and its components cannot be considered only from the standpoint of current interests; it is closely related to the possibilities of their implementation over a significant, long-term period. Each stage of realization of national interests of the country is characterized by its assessment of its geopolitical, geostrategic and geoeconomic conditions, security threats and the main carriers of these threats, the mechanism of realization of national interests (each of the stages has its own assessment of the main definitions and categories of security, the main vectors of geoeconomic policy). Economic security is the foundation and material basis of national security. A state is in a state of security if it protects its own national interests and is able to defend them through political, economic, socio-psychological, military and other actions. There is a close connection between economic security and the system of national and state interests, and it is through this category that the problems of economic potential and economic power of the state, geopolitical and geoeconomic positions of the country in the modern world are intertwined. At a time when regional forces are trying to expand markets, provide access to finance and the latest technology, economic security has become a necessary component of the ability of regional forces to expand their influence. The article is devoted to the study of economic security of Ukraine and its components using the model of quantitative assessment of economic security of Ukraine. Using the Fishburne method, a model is built that allows to obtain an integrated assessment of the level of economic security based on the synthesis of nine partial indicators.

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