CONCEPTUAL EVOLUTIONS OF SOVEREIGNTY - A CONSTITUTIONAL ATTRIBUTE - IN THE CONTEXT OF GLOBALISATION
Emilian Ciongaru
FIAT IUSTITIA, 2019, vol. 13, issue 1, 71-79
Abstract:
The state is not weakened in the conditions of globalisation and integration, but is only changed, as an institutional structure in terms of its functions and ways in which it acts. Regarding the variety of meanings that sovereignty presents, the difference between sovereignty seen from an internal point of view and sovereignty seen from an external point of view is highlighted. In this context, it is shown that sovereignty developed at the same time as the emergence of national states and the exclusive right to govern within territorial borders. Theoretically, the sovereign equality of states was proclaimed, sovereignty having the role to justify the territorial delimitation and to be the basis for negotiation between states, as well as to help enforce an order, other than that based on force, an order based on trade and, in general, on interactions between states. From a conceptual point of view, we may say that globalisation represents a phenomenon which expands the ways of communication between states and communities and has as an effect the fact that the internal legal order of a state extends to a new concept, that of worldwide legal order.
Keywords: sovereignty; globalisation; state; sovereign equality; sovereign rights (search for similar items in EconPapers)
JEL-codes: K40 (search for similar items in EconPapers)
Date: 2019
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Persistent link: https://EconPapers.repec.org/RePEc:dcu:journl:v:13:y:2019:i:1:p:71-79
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