Sovereignty in International Law

• Author: Jana Maftei
• Position: Associate Professor, PhD, 'Danubius' University of Galati, Faculty of Law, Romania
• Pages: 54-65

ACTA UNIVERSITATIS DANUBIUS Vol. 11, no. 1/2015

54

Sovereignty in International Law

Jana MAFTEI1

Abstract: We aimed at highlighting in this paper, after analyzing the transformations that took place

in the international society, the importance of a particularly sensitive and current topic for public

international law, namely the sovereignty. A political and legal concept at the same time, the state

sovereignty remains per manently into the attention of researchers in an attempt to determine its role

in international relations governed by the international law. The concept of sovereignty is complex, i t

can be analyzed in terms of the national law, but as a member of international society, a State

participates in international relations on the basis of sovereign equality principle, which causes

another meaning of sovereignty, which completes the one specific to the internal li fe. We have

analyzed the evolution of the con cept of sovereignt y and we have id entified the causes that led to

changes in its char acteristics, in order to predict the tendencies in its development. We have

highlighted the aspects of the exercise of sovereignty as a result of limiting the powers of state in the

favor of international bodies. In preparing this article we have used as research methods the analysis

of the problems generated by mentioned subject with reference to the doctrinal views expressed in

specialized papers, documentary research, and interpretation of legal norms in the field.

Keywords: sovereign state; independency; international law; globalization, BioPower

1. Introductory Remarks

The concept of sovereignty is complex: in terms of internal law, the state appears

as a sovereign power, as political organization of society, undermining different

bodies (authorities) with specific legislative, executive, jurisdictional powers;

within the international society in each country it participates in the international

relations on the basis of sovereign equality, which causes another meaning of

sovereignty, which complements the one specific to the internal life.

1       

Galati Blvd, Galati, Romania, tel: +40372 361 102, fax: +40372 361 290. Corresponding author:

janamaftei@univ-danubius.ro.

AUDJ, vol. 11, no. 1/2015, pp. 54-65