scholarly journals State sovereignty in the period of the legal globalization

Author(s):  
Evgeniy E. Tonkov ◽  
Boris V. Makogon ◽  
Lyubov A. Pozharova
Author(s):  
V. Shamrai ◽  
I. Sliusarenko

The article deals with theoretical and methodological approaches to the essence of the state sovereignty in modern conditions of legal globalization and European interstate integration from the point of view of searching for effective means of complex legal modernization of society. The author analyzes the legal content of this category, shows its specific features, reveals the importance of the processes of improving the basic elements of social relations and constitutional modernization of society and the state in modern conditions of legal globalization and European interstate integration. The need for further improvement of constitutional and legal regulation of the most important social relations as a key direction of legal modernization of social relations in a modern democratic state based on the fundamental foundations of European constitutionalism is underlined. At the same time, at the doctrinal level, there is no doubt that the Constitution of Ukraine has a certain degree of almost all the well-known features of the world, in particular, the European, constitutions. Summarizing the above, we consider it necessary to highlight the following main formal and legal features of the Constitution of Ukraine, which is the fundamental ground for modern constitutional and legal reform in our state: 1) a special subject accepting (people's character); 2) the fundamental (institutional) nature; 3) stability is coupled with dynamism; 4) reality; 5) formal and legal properties: the Constitution – the Fundamental Law of Ukraine; its highest legal force; Constitution – the legal base of legislation; A special procedure for making and amending; Special content and structure of the Constitution; Direct effect of its norms. This list is not exhaustive, but in our opinion, it is optimal for defining the main tasks and principles of constitutional and legal reform in the current conditions of legal globalization and European interstate integration. Thus, with the improvement of the Constitution of Ukraine as the main source of constitutional law of Ukraine, it is necessary to focus not only on the modernization of certain institutions that regulate it, but also on the strengthening of its legal properties in general. In other words, the leading role of the Constitution in the system of sources of constitutional law of Ukraine is due to its inherent legal properties, ensuring their effectiveness in society and is a priority task of modern constitutional and legal reform. Thus, under the constitutional and legal reform, in today's conditions of legal globalization and European interstate integration, it is necessary to reform of the sphere of constitutional law directly as a leading national branch of law of Ukraine, the formally-legal improvement and improvement of the constitutional legal material at all its system levels, as provisions, institutions, sub-sectors and industry as a whole. It should also be noted that the subject and object of the branch of constitutional law varies in modern conditions under the influence of a whole range of objective factors of legal and political reality, in particular, it refers to the processes of legal globalization and intergovernmental integration, which, in turn, internally causes the emergence of new branches and subnets of national law, strengthening the internationalization of constitutional law and the constitutionality of international and European law, the adaptation of domestic constitutional laws and to basic European legal standards as a prerequisite quality of the constitutional and legal reform in accordance with objectively existing conditions of society. The need for further improvement of the constitutional and legal regulation of the most important social relations as the most important line of public power in the context of the perception of the European legal system by the national legal system of Ukraine


Global Jurist ◽  
2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Lukas Frederik Müller

AbstractThis article examines the scope and nature of current global legal transformations as a result of economic globalization. It takes the idea that legal systems are already by nature highly impacted by economical, political, and societal developments as a starting point and continues to discuss in particular the legal consequences of economic global assimilation and the widespread decline of state sovereignty. Following these ideas, the article discusses how the current substantial legal transformations will affect the comparative method of classifying the legal systems of the world and suggests a modern, unbiased, and flexible model of taxonomy that is suitable to display the ongoing economic and legal globalization trends beyond Euro-American centrism. On the basis of this model of taxonomy, this article considers the classification of the United States and Chinese legal system and evaluates the historic factors that have formed them. In particular, special emphasis is directed towards the impact of professional, political, and traditional social norms and the degree of state sovereignty for each that led to the development of their respective legal systems today.


Author(s):  
Matthew Bagot

One of the central questions in international relations today is how we should conceive of state sovereignty. The notion of sovereignty—’supreme authority within a territory’, as Daniel Philpott defines it—emerged after the Treaty of Westphalia in 1648 as a result of which the late medieval crisis of pluralism was settled. But recent changes in the international order, such as technological advances that have spurred globalization and the emerging norm of the Responsibility to Protect, have cast the notion of sovereignty into an unclear light. The purpose of this paper is to contribute to the current debate regarding sovereignty by exploring two schools of thought on the matter: first, three Catholic scholars from the past century—Luigi Sturzo, Jacques Maritain, and John Courtney Murray, S.J.—taken as representative of Catholic tradition; second, a number of contemporary political theorists of cosmopolitan democracy. The paper argues that there is a confluence between the Catholic thinkers and the cosmopolitan democrats regarding their understanding of state sovereignty and that, taken together, the two schools have much to contribute not only to our current understanding of sovereignty, but also to the future of global governance.


Author(s):  
Mary Elise Sarotte

This chapter examines the Soviet restoration model and former German Chancellor Helmut Kohl's revivalist model. The Union of Soviet Socialist Republics (USSR) hoped to use its weight as a victor in the Second World War to restore the old quadripartite mechanism of four-power control exactly as it used to be in 1945, before subsequent layers of Cold War modifications created room for German contributions. This restoration model, which called for the reuse of the old Allied Control Commission to dominate all further proceedings in divided Germany, represented a realist vision of politics run by powerful states, each retaining their own sociopolitical order and pursuing their own interests. Meanwhile, Kohl's revivalist model represented the revival, or adaptive reuse, of a confederation of German states. This latter-day “confederationism” blurred the lines of state sovereignty; each of the two twenty-first-century Germanies would maintain its own political and social order, but the two would share a confederative, national roof.


Author(s):  
Leif Wenar

Article 1 of both of the major human rights covenants declares that the people of each country “shall freely dispose of their natural wealth and resources.” This chapter considers what conditions would have to hold for the people of a country to exercise this right—and why public accountability over natural resources is the only realistic solution to the “resource curse,” which makes resource-rich countries more prone to authoritarianism, civil conflict, and large-scale corruption. It also discusses why cosmopolitans, who have often been highly critical of prerogatives of state sovereignty, have good reason to endorse popular sovereignty over natural resources. Those who hope for more cosmopolitan institutions should see strengthening popular resource sovereignty as the most responsible path to achieving their own goals.


Author(s):  
Cécile Laborde ◽  
Aurélia Bardon

There is already an important literature on religion and political philosophy, focusing especially on controversies about religious symbols, freedom of speech, or secular education. The introduction explains the distinctive approach of the volume. Instead of focusing on specific political controversies, the book explores the conceptual, structural architecture of liberal political philosophy itself. The authors distinguish four different themes: the special status of religion in the law; state sovereignty, non-establishment, and neutrality; accommodation and religious freedom; and toleration, conscience, and identity. The chapter explains the particular questions raised in each of these four themes, and briefly presents the twenty-two contributions gathered in the volume.


This collection brings together scholars of jurisprudence and political theory to probe the question of ‘legitimacy’. It offers discussions that interrogate the nature of legitimacy, how legitimacy is intertwined with notions of statehood, and how legitimacy reaches beyond the state into supranational institutions and international law. Chapter I considers benefit-based, merit-based, and will-based theories of state legitimacy. Chapter II examines the relationship between expertise and legitimate political authority. Chapter III attempts to make sense of John Rawls’s account of legitimacy in his later work. Chapter IV observes that state sovereignty persists, since no alternative is available, and that the success of the assortment of international organizations that challenge state sovereignty depends on their ability to attract loyalty. Chapter V argues that, to be complete, an account of a state’s legitimacy must evaluate not only its powers and its institutions, but also its officials. Chapter VI covers the rule of law and state legitimacy. Chapter VII considers the legitimation of the nation state in a post-national world. Chapter VIII contends that legitimacy beyond the state should be understood as a subject-conferred attribute of specific norms that generates no more than a duty to respect those norms. Chapter IX is a reply to critics of attempts to ground the legitimacy of suprastate institutions in constitutionalism. Chapter X examines Joseph Raz’s perfectionist liberalism. Chapter XI attempts to bring some order to debates about the legitimacy of international courts.


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