Character Of Sovereignty Research Articles

The Post-Communist State Era and Its Impact on Sovereignty: A Case Study of Kosovo

Many theoretical perspectives have touched on the concept of sovereignty, but the need for more sovereignty-based discussion in relation to the postcommunist era still exists. The question of sovereignty and its survival in the post-communist era touches on some general features such as the attributes, signs, properties, and conditions of the concept of sovereignty that have evolved. In the case of Kosovo, the issue of sovereignty can be linked to two distinct features, namely democracy and human rights. For Kosovo to be a sovereign state, it had a mandatory prerequisite to fulfil these two features. These features implied the fulfi lment of two criteria, in the forms of legality and legitimacy and, in reality, these two criteria stem from the will of the people. This refl ection shows that sovereignty in the post-communist era had to be in line with respect for human rights as a feature of the principles of democracy. However, the transition from the communist system to democracy was not an easy one. In this regard, Kosovo has come a long way in achieving sovereignty and managed to be declared a sovereign state in 2008. The conditioning of Kosovo’s sovereignty by the above criteria represents the influence of the post-communist era, and its earlier form differs from the prevailing form of absolute sovereignty as it existed, for example, in the former federations of Russia and Yugoslavia. Kosovo’s sovereignty is reflected in accordance with the will of the majority of over ninety-five percent of the country’s population. Moreover, in Kosovo, minorities have privileges, such as positive discrimination and the special right that constitutional changes on vital issues pertaining to those minorities cannot be made without their vote. However, in the post-communist era, it was not possible to democratise all sovereign states. Some states focused on the power and manner of expanding power in their respective territories and fought for the recognition of reconfigured sovereignty at the expense of justice and rights. Therefore, since the post-communist period, the defi nition, content, and character of sovereignty has been in debate, with a new dimension of respect for human rights as a major talking point and as an essential mark of the principle of democracy.

France and Oceanian Sovereignties

ABSTRACTThe character of sovereignty in its constitution, expression, and experience across Pacific Islands has come into renewed focus over recent years. Decades after the onset of the post‐war period of decolonization and independence, non‐self governing French territories in Oceania are seeing communities chart and navigate new relationships with sovereignty conceptions and practices across local, regional, and global scales. These navigations often evidence striking articulations of authority, rights, governance, and law rooted in enduring cultural values of Pacific Islander communities. Drawing nuanced attention to divergent historical and contemporary articulations of sovereignties in French Polynesia, New Caledonia, Wallis and Futuna, and Vanuatu, the seven articles gathered here collectively highlight the comparabilities, diversities, and trajectories in how sovereignties are being negotiated and contested by different communities within France entangled Oceania. This collection brings into visibility the complicated field of actors maintaining, transforming, or seeking to summon, establish or disestablish forms of sovereignty on the ground in everyday Oceanian worlds.

‘The Nation will always prevail’, Representation, participation and contestation in the Belgian Constitution of 1831

Summary The exact nature of the concept of sovereignty enshrined by the Belgian Constitution of 1831 has recently become the object of academic debate. This article takes a stand in this debate by analyzing the representative system instated by the constituent National Congress. It is argued that the congressmen attributed primacy to the legislative Chamber because it concentrated in its midst all the individual wills of the people in order to express the general will or the wish of the Nation. Importantly, though, parliament was not the only representative of the national will, neither was it considered completely self-contained. Parliament’s expression of the national will was subject to constant evaluation by public opinion. When the assembly failed to respond to popular grievances, other representatives were qualified to address the issue: the king could disband the Chamber or pronounce his veto when the national interest required it. The jury, assessing press or political related crimes, could correct oppressive governmental action. And if all of this failed – and only then – the nation could ultimately resist and take directly matters in its own hands. Thus, it is argued that the character of sovereignty in the Belgian state system was ultimately popular.

The Character of Sovereignty in the Framework of International Economic Law and Its Progress in Asean Community

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Суверенитет как естественное публичное право: о модификации представлений о природе и характере суверенитета, об этапах (поколениях) и направлениях его научных исследований

Суверенитет как естественное публичное право: о модификации представлений о природе и характере суверенитета, об этапах (поколениях) и направлениях его научных исследований

The EUUs Participation in the Global Legal Order as a Postnational Democracy: Manifestations of Sovereignty

Sovereignty is arguably neither popular nor conventional nor does it transpose itself into discourses of rule-making beyond the Nation State. For some, to speak of sovereignty in the context of global governance leads to bewildering identification of a ‘global sovereign’. The multi-directional nature of the global reach and effects of EU law has been shown in this account to comprise boundaries and competences extensions to various degrees. It is argued to constitute manifestations of sovereignty, with spatial, action and transboundary dimensions to it that require ‘unpacking’. This paper argues that postnational rule-making practices conducted by the EU may usefully be captured by sovereignty, as an over-arching framework beyond an analysis for power, influence and interactions between legal orders. Much scholarship on sovereignty and the EU has been developed prior to more recent invocations in the EU treaties to evolve as a postnational democracy. Participation by the EU in the global legal order is a multi-faceted construct but is argued here to be rooted in an understanding of the EU as an actor, i.e. what it is and what it does. Legal scholarship appears to place a high premium on the ability of the EU to participate externally as an actor, seamlessly, coherently and with consistency. Accordingly, as has been argued here, the enabling character of sovereignty at the postnational level appears insufficiently studied. The physical and metaphysical space of EU rules is argued here to require more nuancing, method and study as to its components. There are as many methodological as substantive challenges to such a thesis, which this text has sought to address as part of a research agenda. Legal texts providing for active participation in the global legal order can be most imperfect even in integrated spheres of action. What is more pressing to consider is the merger of sovereignty, territoriality and jurisdiction in a global world as an emerging matter for EU law.

Sovereignty and international labor migration: The ‘security mentality’ in Spanish–Moroccan relations as an assertion of sovereignty

ABSTRACT The increasing injection of security imperatives into migration policy has presented countries with a new form of sovereignty assertion. In this regard, the politics of ‘securitization’ provides a useful theoretical bridge across two literatures – one focusing on the character of sovereignty and the other devoted to understanding international labor migration, more often situated in the international political economy subfield. Approaching migration politics with a ‘security mentality’ is part of an effort by policymakers and citizens to respond to dynamics that are perceived to threaten a country's sovereign status and societal security. Whether it has served to truly enhance border control and deepen sovereignty claims is a matter of sharp debate, but the symbolic politics associated with the injection of security has gone far to enhance sovereignty claims and justify border control. The case of the Moroccan–Spanish ‘migration system’ illustrates the manner in which post-Franco Spain has used migration politics to assert sovereignty claims vis-à-vis Morocco, deepen the country's sense of societal security, and affirm its status as a full member of the European space.

Caisse Générale Locale De Secours Contre La Maladie De La Commune Urbaine De Julich Et Al. v. S.A. Des Ateliers De Godarville.

Jurisdiction — Territorial Character of Sovereignty — Foreign Revenue Laws — Foreign Insurance Law — Political Nature of — Applicability of Foreign Laws of a Political Nature Outside the Territorial Limits of the State.