Criticism of the Concept of the Relative State Sovereignty
https://doi.org/10.24833/0869-0049-2007-3-16-32
Abstract
The author of the article criticizes the concept of the relative character of State sovereignty. At present sovereignty preserves its absolute nature. The State sovereignty has no borders, it is indivisible, representing a common will of a people – it either there is or it does not exist. Presence of the sovereignty is an attribute distinguishing the independent State from other subjects of international law. The contemporary international law is based on absolute nature of sovereignty, which guarantees independence and selfreliance of States irrespective of character of their international relations and volume of carried out powers. Realization of the State rights directly by State, by subjects of federation or through the international organizations is a confirmation of independence and the absolute nature of the State sovereignty. In view of absolute nature of State sovereignty, any State is not subordinated to the authority of other States. However, according to the norms of international law, its law capacity is limited, as, at least, a State is obliged to respect the sovereignty of other States.
About the Author
A. A. MoiseevRussian Federation
Alexei A. Moiseev – PhD in Law, professor assistant of the Faculty of International law
Review
For citations:
Moiseev A.A. Criticism of the Concept of the Relative State Sovereignty. Moscow Journal of International Law. 2007;(3):16-32. (In Russ.) https://doi.org/10.24833/0869-0049-2007-3-16-32