Государственный суверенитет: содержание и преобразование в условиях глобализации

Известия высших учебных заведений. Правоведение. 2017. № 2. С. 150–167.

Osvetimskaya I.

In the article, the author examines the state sovereignty: the classical definition, from the absolute sovereignty to the theories, leveling it as a concept outlived and unnecessary in the modern world. Analyzes the idea of a ​​sovereignty as an essential feature of the state, as opposed to the ideas that it is the feature of the power. The author discusses the question is the sovereignty a set of rights and powers of the state or it serves only the formal legal possibility to have the rights and powers. Emphasized on the review of such essential characteristics of sovereignty as independence and indivisibility or divisibility. The transformation of sovereignty in the result of globalization in connection with the activities of supranational institutions is also analyzed in the article. A distinction between the concepts of “state sovereignty” and “international legal personality” is made.

The author concludes that the sovereignty is not an absolute, but relative, limited and conventional phenomenon. Sovereignty is relative because of its dependence on the historical and socio-cultural context. It is limited because of different limiters in different eras: God, the Church, national law, international law, human rights, supranational institutions. The context of sovereignty is determined by interdependence with other social and legal phenomenon, with the society and it  updates in every new era, that means it's conventionality. In addition, the concept of sovereignty includes also the legal communication. Legal communication in the context of sovereignty can be found in two aspects: internal (the legitimate activities of the authorities in the state in accordance with national and international law) and external (foreign policy in accordance with international law) and involves conditionality of sovereignty by public opinion, as well as international recognition. This internal and external legal communication are an essential feature of the sovereignty in the constitutional state.

Keywords: государственная власть, globalisation, международная правосубъектность, суверенитет государства, National Sovereignty & Global Governance, supranationality, наднациональные институты регулирования