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State sovereignty as a legal category in the context of crisis of the modern system of international relations
Abstract.The subject of this article is the state sovereignty in the conditions of crisis of the modern system of international relations. The object is the social relations emerging as a result of realization of their sovereignty the states. Special attention is given to the historical-legal analysis of establishment of the term “state sovereignty” (from the works of Jean Bodin to the works modern Russian and foreign scholars), as well as the questions of the restriction of sovereignty, illustrated on the particular examples from international practice. The scientific novelty lies in the analysis of the current state and application of the concept of state sovereignty in the international law. The analysis of the questions pertinent to the restriction of sovereignty is conducted on the recent examples in the international practice (particularly Donetsk People's Republic and Lugansk People's Republic). An attempt is made to trace the evolution of representations on state sovereignty, as well as analyze the various theoretical-legal approaches towards the attributes of sovereignty. The conclusion is made that the observed erosion of the concept of state sovereignty can lead to destruction of the modern system of international relations and dilution of the concept of state. Globalization becomes one of the drivers of this process; within its framework, the sovereign state becomes “excessive”, substantiating the rapid return to the state “prior to Westphalia”.
Keywords: national sovereignty, limitation of sovereignty, internal sovereignty, external sovereignty, state sovereignty, statehood, sovereignty, popular sovereignty, UN, Westphalian system
Article was received:28-01-2019
This article written in Russian. You can find full text of article in Russian here .