Law Review International Journal of Law and Jurisprudence Open Source Online Publication Edited by the Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
  • Summary
  • trimite
  • Scientific Life

Sovereignty and integration in modern era. Perspectives

Nicu-Răzvan Dobârceanu

Vlad Alexandru Voicescu

Abstract

 

The term sovereignty conceived for a long period of time the idea of an ultimate and absolute authority in the political arena.


At the end of the XIXth century and at the beginning of the XXth century international law scholars promoted a new concept of sovereignty, for example G. Scelle and subsequently Ch. Rousseau considered that sovereignty represents a sum of abilities which states can delegate in a higher or smaller degree to different international organisations.


Although in essence it has a unitary character, within the content of the concept of sovereignty we can distinguish two component elements: external sovereignty and internal sovereignty. These two concepts realise the junction between municipal law and international law.


From the international law perspective all states are sovereign and enjoy the same juridical capacities and functions. In principle each state can participate within international relations as equal partner, it can conclude treaties based on it’s free will, it can exclude any other state from interfering in it’s internal affairs, and it can govern the territory and control the boundaries. In fact, if we study carefully the international relations as a whole we will notice that not all states display the same degree of sovereignty. Highly developed states with robust institutions having a dominant position within the international plane are the ones enjoying the absolute behavioral sovereignty.
 

The end of the XXth century and the beginning of the XXIst century was characterized by a scientifically and technical progress which created a unique informational space, deepen and diversified the international economical relations. These factors allowed the interrelation between states to extend to a global level, which entail us to question in what extent the content of the concept of sovereignty was affected. Can we interpret a treaty which imposes concessions for both parties as a restriction of their sovereignty? Or, can we consider that these treaties represent, in fact, a recognition and not a restriction of state sovereignty given that these treaties are voluntary creations.


In conclusion we can assert that the international law legal system is nothing else but a foundation for states behaviour, created by themselves, and that is why there are no reasons to talk about the restriction, the destruction or the absorption of state sovereignty by the international law.

DOWNLOAD FULL ARTICLE pdf

Volume X, special issue II, December 2019, posted at 23th of December 2019

COPERTA-LAWW_1_1_1_2_2_1_2_1.jpg

Summary

Review

Download Volume X, special issue II

 

European Union Law

THE LISBON TREATY AND THE RISKS OF NONCOORDINATION OF ECONOMIC POLICIES IN THE E.U.

Grigore SILASI

Ion M. ANGHEL

CONSIDERATIONS REGARDING THE ROLE OF JURISPRUDENCE AS A SOURCE OF LAW IN ROMANIAN LAW AND IN EUROPEAN UNION LAW

Mihai BĂDESCU

BRIEF CONSIDERATIONS ON THE INSTITUTION OF PENALTY IN THE CONSTITUTIONS OF EU MEMBER STATES

Silviu Gabriel BARBU

Vasile COMAN

THE DISCIPLINARY OFFENCES OF INCOMPATIBILITY AND CONFLICT OF INTERESTS REGARDING PUBLIC OFFICIALS, AS PROVIDED FOR BY THE LEGISLATION OF ROMANIA, ARE OF AN CRIMINAL NATURE UNDER ARTICLE 6, PARAGRAPH 1 ECHR

Tudor CHIUARIU

CONSTITUTIONAL IDENTITY AND EUROPEAN MEMBERSHIP

Ioniţa COCHINŢU

Cristina TITIRIŞCĂ

THE IMPACT OF THE CURRENT INTERNATIONAL LAW CRISIS ON THE RIGHT TO SUSTAINABLE DEVELOPMENT

Titus Corlătean

LEGAL LIMITS OF THE EXERCISE OF THE FREE MOVEMENT OF PERSONS IN THE EUROPEAN UNION

Nicoleta DIACONU

CONSUMERS PROTECTION FROM THE PERSPECTIVE OF SANCTIONING DOUBLE QUALITY STANDARD OF PRODUCTS AND SERVICES IN THE EUROPEAN UNION

Raluca DINU

EUROPEAN COMMONWEALTH ARMY – CHALLENGE FOR A PROPER EU REGULATION

Carmen Adriana Domocoş

“DISCRIMINATION BY ASSOCIATION” - BETWEEN JURISPRUDENTIAL CONSECRATION AT EUROPEAN LEVEL AND LEGISLATIVE DESIRE IN ROMANIA. SOME CONSIDERATIONS

Constanţa MĂTUŞESCU

THE LEGALITY OF THE APPLICATION OF SUPPLEMENTARY AND ACCESSORY PUNISHMENTS FROM THE PERSPECTIVE OF THE EUROPEAN COURT OF HUMAN RIGHTS AND THE COURT OF JUSTICE OF THE EUROPEAN UNION

Alexandru POROF

BREXIT AND THE BACKSTOP SOLUTION ON NORTHERN IRELAND

Maria-Cristina SOLACOLU

THE INTERNATIONAL AREA OF THE SUBMARINE TERRITORIES IN THE CONTEXT OF THE EUROPEAN UNION INTEREST ON THE EXPLORATION AND EXPLOITATION OF THEIR RESOURCES

Laura Magdalena TROCAN

 

UE Law and Comparative Law

IN DUBIO PRO REO - MYTH OR REALITY

Denisa BARBU

CRIMINAL LIABILITY FOR ECOLOGICAL DAMAGE RESULTING FROM NUCLEAR TRANSPORT

Florin Octavian BARBU

INSTRUMENTS FOR BETTER REGULATION. A COMPARISON OF THE REGULATORY IMPACT ASSESSMENT (RIA) LEGAL FRAMEWORK IN ROMANIA AND IN FRANCE

Ionuţ-Bogdan BERCEANU

THE ROLE AND IMPORTANCE OF CLUSTERS IN EUROPE. GERMAN MODEL VERSUS ROMANIAN MODEL

Eduard CĂLINOIU

MEASURING THE HARMONIZATION DISTANCE WITHIN THE LEGAL SPACE OF THE EUROPEAN UNION AS A TOPOLOGICAL SPACE

Gheorghe BOCŞAN

INFORMAL SETTLEMENTS – LEGISLATIVE CHANGES MADE IN THE ROMANIAN LEGISLATION, THROUGH LAW NO. 151/2019, RELATED TO THE EUROPEAN LEGISLATION AND THE PROVISIONS OF THE CONVENTIONS THAT PROTECT THE FUNDAMENTAL HUMAN RIGHTS

Mădălina BOTINĂ

CURRENT CHALLENGES OF THE LAWYER PROFESSION

Alexandru-Aurelian CHIRIŢĂ

RELIGIOUS FREEDOMS AT EUROPEAN UNION LEVEL AND THEIR PROTECTION BY THE PEOPLE'S ADVOCATE

Denis-Roxana GAVRILĂ

COMPARATIVE ANALYSIS REGARDING THE IMMOVABLE GOODS PUBLICITY AND THE LAND BOOK OF THE STATES OF THE EUROPEAN UNION

Marilena MARIN

IMPLEMENTATION OF THE EUROPEAN ETHICAL CHARTER ON THE USE OF ARTIFICIAL INTELLIGENCE IN JUDICIAL SYSTEMS AND THEIR ENVIRONMENT

Irina MOROIANU ZLATESCU

Petru Emanuel ZLATESCU