National Sovereignty in the Era of Globalization: Institutional and Legal Analysis

Abstract

AbstractPurpose: The purpose of this work is to reveal the content and features of national sovereignty in the context of globalization, as well as to study the prospects for its sustainable development on the basis of institutional and legal analysis.Design/Methodology/Approach: The methodological basis of the research is based on approaches and methods developed within the framework of the institutional theory of law. The method of institutional and legal analysis allowed to study stable normative formations that form the legal regulation of public relations. In this study, legal institutionalism is considered both as a method of cognition of state and legal phenomena, and as a method of studying the sovereignty in the context of globalization.Findings: The paper reveals the essence and functional necessity of national sovereignty in the new world realities, which is determined by the modern conditions under which the sovereign states exist, the necessity of a theoretical reinterpretation of national sovereignty in the context of the analysis of the political and legal nature of globalization processes. The object of the research is national sovereignty and the transformation of its classical national state and legal forms.Originality/Value: Protection of national interests is the most profound institutional requirement of the sovereignty of national states. The formation of the sovereignty matrix should be based on the analysis of meanings of the value-normative sphere of society, which represents a set of criteria for the meaningful interpretation of national interests, conceptualized by a clearly defined goal and objectives of state policy. The institutional nature of this sphere of relations is determined both by external international legal conditions that have a transformative impact on the state political and legal sphere, and by internal factors in the form of a reproducible system of relations and forms of their normative regulation over a long time. It is legal and institutional analysis of this sector that can provide answers to questions about the forms and methods of protection of vital interests of person, society and state in modern political and legal process of sovereignization of nation states.KeywordsSovereigntyGlobalizationInstitutional and legal analysisInstitutional matrixInstitutional environmentPolitical and legal systemJEL CodeD50D74