Strategic Alliances
National borders are losing their importance, so the redefinition and reconstruction of the concept of sovereignty becomes a necessity. The classical meaning of sovereignty is changing through the effects of globalization process. People argue that international laws and institutions result in the decline of sovereignty. Moreover, the development of Internet and creation of cyberspace is also seen as a threat to sovereignty. Today, sovereignty is declining because of international laws and institutions. However, I think in the future the development of cyberspace will surely strengthen the sovereignty. Jean Bodin was the first theorist to formulate a modern concept of sovereignty and is considered as the father of the modern theory of sovereignty. In this “The Six Books of the Common wealth” (1577) he defined sovereignty as “the absolute and perpetual power of a commonwealth” (Bodin, p. 1). Consequently, in this sense the power of the prince, or the sovereign, is not subject to time and has no superior. However, God is above sovereign and the supreme power of the sovereign is subordinate to the laws of God and nature. Furthermore, Bodin also referred to the constitutional or custo
The Rule of Law, which indicates that the state is also subject to its own laws, is one factor limiting the sovereignty. With the Rule of Law we limit the internal sovereignty of the state to give the population more rights and to make them sovereign. This limitation of sovereignty is actually a measure to protect the democratic regime. It puts the constitution above the state and prevents the existence of a dictatorship in the society. In the addition, people argue that this rule is not a limitation, but it is a restoration of the rights of people by making them sovereign. First of all, I believe that cyberspace may be used as a tool to increase the sovereignty of citizens. Information in the cyberspace about the government enables the citizen to watch the state. The citizen can keep better track of government. On the other hand, with creation of cyberspace individuals may provide more information about their preferences to government through referenda and surveys. This function of cyberspace may serve to legitimate government action; thus it can be based on citizen preferences. Therefore, this may increase the expression of individual preferences; thus an image of representative democracy. All of international law represents also a loss of sovereignty to one degree or another. For example, the law of diplomatic immunity means that the police cannot arrest a diplomat for a common crime. There are many other examples of government actions being constrained by international law, especially in the areas of human rights, environmental law, and economic law. Most of these international laws form actually the basis of a democratic society. However, today the practical effects of international law have changed. In the past, international law tended more to strengthen the sovereignty of states rather than to restrain them (Trimple, p. 1945). Today, it serves as a tool to reduce the national sovereignty. On the other hand, when we talk about the effects of international law on sovereignty, we must also consider the international institutions, which create these laws. The bloody Thirty Years War was ended by the Treaty of Westphalia (1648) and the conclusion of these religious wars would be determined by the secular ruler and not by an external authority, such as the Pope. However, this principle had already been established through the Treaty of Augsburg (1555). According to this treaty each individual German principality had the right to decide whether its territory would be Lutheran or Catholic (Britannica, p.383). With this principle a new state system was born. In this system there are territorially bounded sovereign states; each equipped with its own centralized administration and possessing a virtual monopoly on the legitimate use of violence. This system of the secular state after the Treaty of Westphalia formed the basis of the today’s system (Cobban, p. 1) External sovereignty is based on the notion that the territorial integrity of every state is inviolate. It could also be described as the legal identity of the state in international relations (Lansing, p. 300). External sovereignty, which has given the government of a country independence from outside authorities, is about international status; thus external sovereignty refers to the outside the domain’s boundaries. European Union is another international institution, which has significant effects on the concept of sovereignty. To look at these effects we must first examine the Treaty of Rome. The Treaty of Rome is very spec
Some topics in this essay:
Development Scholars,
Furthermore Bodin,
Rule Law,
Treaty Rome,
Western Europe,
God Maritain,
Development Sovereignty,
,
United Nations,
European Union,
concept sovereignty,
international law,
united nations,
external sovereignty,
internal sovereignty,
sovereignty based,
treaty rome,
creation cyberspace,
representative democracy,
international laws,
effects international law,
internet creation cyberspace,
international laws institutions,
roman civil law,
“westphalian” model sovereignty,
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Approximate Word count = 2410
Approximate Pages = 10 (250 words per page double spaced)
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