Ensuring a just equilibrium between the development of the complexity of public international relations and the respect for the state sovereignty

• Author: Daniel-Stefan Paraschiv
• Position: Faculty of Law and Public Administration, the Law Department, Spiru Haret University, Ramnicu Valcea, Romania
• Pages: 89-93

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No.1 (2012), pp. 103-107

103

ENSURING A JUST EQUILIBRIUM BETWEEN THE DEVELOPMENT OF THE

COMPLEXITY OF PUBLIC INTERNATIONAL RELATIONS AND THE RESPECT

FOR THE STATE SOVEREIGNTY

D. . Paraschiv

Daniel-tefan Paraschiv

Faculty of Law and Public Administration, the Law Department

Spiru Haret University, Ramnicu Valcea, Romania

*Correspondence: Danie l-tefan Paraschiv, 30 General Magheru St., Ramnicu Valcea,

Romania

E-mail: drept_vl.paraschiv.daniel@spiruharet.ro

Abstract

Considering our present society, characterised by a pronounced development of

international relations, it is necessary to ensure a correct relationship between interdependence and

state sovereignty, which, although continues to play an important role, can no longer be absolute or

exclusive, as ensuring a peaceful cohabitation demands the respect for the public international law.

Key words: state sovereignty, international relations, interdependence.

Introduction

The notion of sovereignty comprises two distinct elements: external and internal sovereignty,

notions which connect the internal and international law. External sovereignty stands for the state’s

absolute independence, which is not subordinated to a power exterior to it, while the internal

sovereignty represents the state’s right to organize its public power, and namely: the right to

legislate, to exercise justice and police, to decide in all of the domains of the political, economical,

social and cultural life, without any interference from the exterior

1

.

Appearance and evolution of the concept of sovereignty

Kant foresaw a universal global state by which peace would be assured, claiming that a

Constitution based on state equality is a step forward towards a Society of nations, destined to ensure

order. This society represented, according to his theory, an evolutionary phase towards the Global

State, whose undenying citizen would be the individual, and he failed to see the role of international

law assuring peace achievable, without a superior state authority.

2

The concept of sovereignty appeared in parallel with the idea of private property, both

focusing on the exclusive rights concentrated in the hand of a single possessor, unlike the medieval

system of economical and political laws which were diffusive and multi-layered. At the origins and

1

To see the decision of the Permanent Court of International Justice, Ser A/B1931, observing the customs system

between Germany and Austria, according to which sovereignty, as an interdependence of the state in the sphere of

international relations, firstly implies the application of its external and internal policy at will; and the

interdependence, as an element of sovereignty, represents one of the founding characteristics of the state as a subject

of international right, which consists of his capacity to connect with other subjects of international law; the lack of

interdependence calls into question even the state’s existence as a subject of law.

2

Sofia Popescu, Fundamentul rspunderii juridice. Câteva remarci, in “Studii de drept”, volume II, Universitas

Timisienses Publishing, West University Printing house, Timioara, 1998, p. 76, 77.