Czech Yearook of International Law. Volume X

0504804 - ÚSP 2020 RIV NL eng M - Část monografie knihy
Mrázek, Josef
The Modern Concept of State Sovereignty in International Law.
Czech Yearook of International Law. Volume X. The Hague: Lex Lata B. V., 2019 - (Bělohlávek, A.; Rozehnalová, N.), s. 161-183. ISBN 978-90-824603-9-1
Institucionální podpora: RVO:68378122
Klíčová slova: sovereignty * sovereign * equality * independence * globalization * human rights * international law * the UN Charter
Obor OECD: Law

State sovereignty is a legal and political concept that has been transformed by globalization and the development of international legal order. This article refers primarily to external sovereignty. The transfer of certain competencies to international organizations and development of human rights necessarily reduce the competencies of individual States. The concept of State sovereignty still reflects the fact that States are the main and decisive subjects of international law. The sovereignty of States is not a static notion,but it has a changing character along with the development of international community. Despite pre-existing objections the author of this article considers the principle of sovereignty as one of the basic principles of international law, probably still the Grundorm (basic norm) of the international legal order. Sovereignty is also an obligatory property of any independent State. There is no end of sovereignty as some authors might suggest. But it is true that there is often an abuse of sovereignty in politics and States then invoke the principle of sovereignty of sovereign equality. Several authors have mentioned the myths or mythology of State sovereignty. This approach may indicate the idea that sovereignty is in demise. The idea that sovereign State has been omnipotent is admittedly unrealistic and false. The erosion of state sovereignty does not mean that State sovereignty has already lost its meaning as the basic principle of international law. The sovereignty of State has been naturally justified and protected. The author of this article describes the modern concept of State sovereignty in the era of globalism. Developments in political, commercial and military spheres have in fact resulted to some loss of sovereign powers by individual States.
Trvalý link: http://hdl.handle.net/11104/0296363