Concept Of State Sovereignty Research Articles

Problematika Perdagangan Manusia Sebagai Kejahatan Transnasional Dalam Perspektif Imigrasi Dan Hukum Internasional

Globalization on an international scale has an impact on progress in the fields of information technology, communication and transportation, making borders between countries thinner or borderless. This is a principle in the international legal order, especially regarding the conception of state sovereignty. Every country in various parts of the world is guaranteed in international law and has the exclusive right to exercise its country's sovereignty without being able to intervene by other countries or any party. The sovereignty of a country is an absolute thing that cannot be ignored, because sovereignty is a sign of an independent and sovereign country. International migration that occurs has a positive impact, but sometimes it creates new problems. Like Human Trafficking or human trafficking. The writing will discuss human trafficking from the perspective of immigration and international law, including the function of immigration as a government agency that monitors the traffic of people in and out of Indonesian territory in order to maintain state sovereignty. This research itself is based on research that is normative, juridical and empirical, namely by elaborating each material followed by studying existing policies and regulations. This is intended so that the problem of human trafficking can be elaborated on existing national and international legal policies as well as from an immigration perspective. .

Sovereignty or State Responsibility? Expropriation and the Right to Regulate in International Law on Foreign Investment

A state is entitled to be bound by investment agreements, including expropriating alien property on its territory. In international law, both represent the state’s sovereign principle within the boundaries of territorial integrity. Expropriation and the right to regulate are usually included in investment agreements as part of the substantive rules. This study uses a normative juridical approach. This approach is carried out by examining the library materials, which are secondary data; especially the principles and norms of law. While the aim of this research is to examine the legal aspects of several key concepts within the international investment law regime—the right to regulate and expropriation, both in terms of its regulation and implementation, in order to find best practices. Expropriation and the right to regulate are essentially like two sides of the same coin. This is because lawful expropriation implies state obligations (compensation), whereas unlawful expropriation implies state responsibilities (restitution or reparations). Meanwhile, the right to regulate (police powers), which is based on the concept of state sovereignty, does not. Lawful expropriation is defined as the state measures carried out with the due process of law, in a non-discriminatory manner, for the purpose of the public interest and is accompanied by the payment of compensation. In terms of expropriation, the right to regulate can be regarded as a form of lawful expropriation that does not necessitate compensation.
 Keywords: international investment law, expropriation, the right to regulate

Kedaulatan Negara Dalam Invasi Rusia Ke Ukraina Berdasarkan Hukum Internasional

Introduction: Russia's invasion of Ukraine gave rise to mixed opinions in the international community regarding the concept of state sovereignty, both in theory and practice.Purposes of the Research: The regulation of state sovereignty has experienced a conceptual shift according to international law and Russia's invasion of Ukraine has caused a shift in the concept of state sovereignty in international law.Methods of the Research: The research used is normative juridical, using an analytical perspective research type. The legal materials are primary, secondary and tertiary legal materials. The approaches used are the statutory approach, the conceptual approach and the case approach. The technique for collecting legal materials uses library research which is then analyzed qualitatively to answer the problems being studied.Results of the Research: The research results show that the concept of state sovereignty is experiencing changes and shifts in meaning according to developments over time. The revolutionary changes of the late 18th and 19th centuries gave rise to the concept of sovereignty which included the principle of equality of states and the principle of non-intervention in the internal affairs of other states as one of its important elements. Regarding the causes of Russia's invasion of Ukraine, it was influenced by various factors, including historical, political, economic, security and defense factors, as well as to protect pro-Russian separatist groups who wanted to separate themselves from Ukraine. Russia's invasion of Ukraine did not affect the shift in the concept of sovereignty as currently accepted by the international community in the modern ideology of sovereignty. On a theoretical and practical level, the will of the Russian state has great interests in carrying out actions that threaten peace, or violate peace by launching aggression against Ukraine as a sovereign state. Russia as a party to various international agreements has an obligation to respect international law where state sovereignty and equality between countries are recognized concepts and have become the basis of the international legal system

Концепция государственного суверенитета в современный период

Understanding, development, and significance of state sovereignty in international and domestic relations are a constant and burning issue of scientific research. However, over the last years, there is a growing tendency in the foreign and Russian science aimed at the disavowal of the concept of the sovereignty as an inalienable, undivided, and absolute power of the state, which leads both to the scientific disputes and the growth of tension at the state-by-state (international) level. The abovementioned determined the goal of this work: the scientific substantiation of the sovereignty as the most important, enduring characteristic and the base attribute of a state, as well as the formation of the concept according to which state sovereignty should be considered as a political and legal axiom aimed at the creation of a modern secure world order. The understanding of state sovereignty developed over several centuries includes the ability of a state to form and implement an individual, independent, and integral foreign and domestic policy, which means the supremacy of the state in the domestic and foreign policy. However, there are significant disagreements in understanding the nature, scope, implementation mechanism, and other factors of the formation and development of state sovereignty. In the paper, the author attempts to comprehend the pluralism of views on the concept of state sovereignty and to identify the consequences of artificial reducing the authority of the state sovereignty concept, proposes the justification for the inadmissibility of its disavowal. The author concludes that the concept of state sovereignty is actually the most important property of any state and scarcely depends on the influence of external factors, i.e. the sovereignty of the state cannot be limited since this contradicts, first of all, to its essence, and the disparagement and appeals to the state sovereignty abolition are the most dangerous tendency significantly increasing the level of tension in the world. State sovereignty is a symbol, the ideological framework of the world order and the existence of any state.

KONDISI FAKTUAL DAN FAKTOR-FAKTOR PENENTU PEMENUHAN PENDIDIKAN DASAR DAN MENENGAH DI KAWASAN PERBATASAN

The factual conditions and determining factors for the fulfillment of the right to primary and secondary education are a re-actualization of state sovereignty. State sovereignty is the result of a reflection, abstraction and contemplation of a country's ability to maintain and maintain its existence in international law and relations. State sovereignty builds arguments about the laws and legal systems that apply in a country, including the fulfillment of the right to education in Indonesia. State sovereignty is a legal prescription to make, implement and enforce the law on people, objects and legal actions in the field of education in accordance with applicable standards and laws. Legal rights and obligations are formed and interact with each other in the legal system of a country so that the factual conditions and determining factors for the right to primary and secondary education in border areas are the sovereignty of the Indonesian state itself in accordance with the international agenda accepted by Indonesia in the field of education. The concept of state sovereignty is one of the most important elements in determining rights and obligations in international law. State sovereignty in international law establishes a standard identity of subjects of international law. State sovereignty is a legal prescription to make, implement and enforce the law on people, objects and legal actions. The prescription creates an agreement between the right holder and the right holder. The truth and fulfillment of the law becomes the standardization of state behavior towards its citizens or individual groups within the country within the framework of the protection, fulfillment and promotion of human rights in its territory or jurisdiction, including the right to basic and secondary education in the border areas of the Indonesian state.

THE PROBLEMS OF HUMAN TRAFFICKING AS TRANSNATIONAL CRIMES IN THE PERSPECTIVE OF IMMIGRATION AND INTERNATIONAL LAW

Globalization on an international scale has an impact on progress in the fields of information technology, communication, and transportation, making borders between countries depleted or borderless. This has become a principle in the international legal order, especially regarding the concept of state sovereignty. Every country in various parts of the world has been guaranteed in international law and has the exclusive right to exercise the sovereignty of its country without being able to be intervened by other countries or any party. The sovereignty of a country is an absolute thing that cannot be ignored, because sovereignty is a sign of an independent and sovereign country. International migration that occurs has a positive impact, but sometimes creates a new problem. Like Human Trafficking or human trafficking. The author will discuss Human Trafficking in the perspective of immigration and international law, including the function of immigration as a government agency that oversees the traffic of people in and out of Indonesian territory in order to maintain state sovereignty. This research itself is based on juridical and empirical normative research, namely by elaborating each material followed by observing the study of existing policies and regulations. This is intended so that this crime, namely human trafficking, can be elaborated with existing national and international legal policies and from an immigration perspective.

R2P and Counter-terrorism: Where Sovereignties Collide

Abstract States play the lead role in implementing the norms of the international system. They interpret norms through the lens of their sovereignty, refining and revising them until they are suitable to local interests and context. The complex nature of sovereignty and its diverse manifestations across states means that norms will be interpreted and implemented in different ways. This article argues that R2P and counter-terrorism are complex norm regimes which are susceptible to modification as they are interpreted through diverse conceptions of state sovereignty. Using the cases of China’s response to the Uyghurs and Sri Lanka’s response to the Liberation Tigers of Tamil Eelam, this article shows that the malleable prescriptive norms of R2P and counter-terrorism can be reinterpreted by states in ways contingent on their sovereignty that deeply impact, and may even violate, the original intent of the norm.

The state sovereignty concept in the context of global information space

The article is dedicated to defining the nature of information sovereignty and its significance for the process of independent state-building through the prism of the information society paradigm. Various methodological aspects of the concept of “information sovereignty” are studied. The ratio of the categories “state sovereignty” and “information sovereignty” is analyzed. The conclusion is made that the information sovereignty is not an independent category of constitutional law, however, the concept of state sovereignty needs to be modernized by integrating the classical and new information authority of the state, which are characteristic of the globalized information world.

Sovereignty in Crisis: Deterritorialization Of State Sovereignty After Tsunami Aceh 2004


 
 
 
 The main purpose of this study was to analyze how the concept of state sovereignty is experiencing a crisis due to a major natural disaster. By using the illustration of the 2004 Aceh earthquake and tsunami, the concept of state sovereignty has been explored in the abnormal situation arising from the disaster as the state was unable to carry out its functions and authorities properly. This article used qualitative approach to explore the dynamic relations or network between agency (material or non-material, such as state, NGO, International organization, media, norms, military equipment, army, natural resources etc); which construct sovereignty assemblage. The territorialization and deterritorialization of sovereignty is investigated by seeing four dimensions proposed by Baker and McGuirk. This article demonstrates that sovereignty is very dynamic, and its definition is constructed and continuously through mechanisms engaging multiple actors and specific processes. This research found that the state conception of sovereignty before and after the disaster has been so dynamic, constructed and reconstructed overtime, which is influenced by the dimension of multiplicity, processualism, labor, and uncertainty.
 
 
 

DIRECTIONS FOR IMPROVING THE CONCEPT OF STATE SOVEREIGNTY IN THE CONDITIONS OF REAL MULTIPOLARITY

The purpose of the article is to emphasise the main directions for improving the concept of State sovereignty and to analyse the system of concepts, terms and scientific categories of State theory and law, taking into account the provisions of the National Security Strategy of the Russian Federation in the context of globalization and localization processes. The author used a historical approach as well as methods of analysis, observation, formal legal method. The understanding of the word globalization as synonym of Americanization and Westernization has been transformed into multi-vectoral and multipolar. In order to study State-legal reality in the new context, it is proposed to outline the ways of improving the traditional concept of State sovereignty in terms of the use of the categories of legalistic and de facto State sovereignty. The problem of updating issues directly related to the strengthening of Russian State sovereignty and the creation of a reliable system of guarantees of State sovereignty, as defined in the National Security Strategy of the Russian Federation, was analysed. The conclusion reached is that a new, real multipolarity is now forming, and the States should build a system for the continuous monitoring of existing and imminent various risks and challenges, threatening the sovereignty of the State. All this points to the need of improving the system of effective guarantees of State sovereignty, taking into account the realization of human and civil rights and freedoms in the Russian Federation.

REGULATION OF CABOTAGE PRINCIPLE TO GUARANTEE COASTAL STATE SOVEREIGNTY

This research tries to discuss the regulation of cabotage principle that is applied in Indonesia to protecting various aspects such as defense, trade/ economy, law, and social society. The purpose of this study is to examine the factor that influence the implementation of the cabotage principle. This study used a statutory approach and a conceptual approach. The method used is the normative and empirical. The results show that the concept of state sovereignty in advancing the national economy is a factor behind the application of cabotage principle. Inhibiting factors that affect the implementation of the cabotage principle are limitation of facilities and infrastructure owned by Indonesia in implementing this cabotage principle. The results of this study are expected to be useful for the application of the Cabotage principle in the Republic of Indonesia which is one of the largest maritime countrie in the world because Indonesia has the second longest coastline in the world after Canada

Estado e soberania na filosofia protestante: Uma introdução ao debate holandês do século XX

Debate on the concept of state sovereignty may be conducted in light of various theories and by means of different philosophical traditions. The Protestant tradition is rarely located in such a context, particularly the Dutch Protestant tradition of the twentieth century, which strongly influenced the country and other countries of Protestant tradition in the wake of World War II. This work seeks to outline the Protestant debate on the concept of sovereignty based on the idea of “sphere sovereignty” developed by Herman Dooyeweerd, a proponent of this strain of Protestantism. To do so, it analyzes the contributions made by Dooyeweerd’s thoughts on the definition of sphere sovereignty for an understanding of state authority and its limits. A summary of his position and its context is first provided before an analysis is given of the concept of sphere sovereignty. Finally, such a context is located within the wider debate on sovereignty. The concluding argument is that Dooyeweerd’s reflections provided a concept of the rule of law opposing that of totalitarian visions, revealing his religious motives.

Nationalism, Human Rights, and the Prospects to Peace

The article exposes the issues of human rights and the prospects for peace in the context of the analysis of the concepts of sovereignty and nationalism. Such an analysis is conducted in the face of a trend towards globalism, cosmopolitanism and liberal internationalism inherent in the world today, on the one hand, and the growing trend of nationalism and violations of human rightson a massive scale by some states, on the other.The evolution of the concept of state sovereignty is considered. The first – the original – is manifested in the principle of sovereign equality and is based on such a human right as the right to self-determination. The second is the concept of “conditional sovereignty”, or “sovereignty as responsibility” as a look at the legitimacy of the state through human rights. It is associated with theactivities of UN institutions, when the state began to be considered as a servant of its people, and individual sovereignty (rights and freedoms of each individual person) was strengthened. The third concept is “sovereignty as fiduciaries of humanity”: sovereign fiduciaries will fulfill their obligation to humanity by collaborating with private as well as public actors. In the context of transnationalthreats, such rethinking the state sovereignty is the best hope for peace.In the last part, the idea of the incompatibility of nationalism in its current form with realistic world politics is developed. Modern nationalism is losing its historical progressiveness, becoming indifferent to the subject of human rights. The gravest threats to peace and to human rights require an internationalist response, politics increasingly tilts toward nationalism. It is concluded that thelatter is only a symptom of today’s disease, and not its treatment. The cure is adopting the standpoint of humanity, and inventing political and legal institutions.

E-INTEGRATIVE CONTROL SYSTEM AS A COMMUNITY ORGANIZATION SUPERVISION DESIGN TO REALIZE THE CONCEPT OF STATE

The government, as the party that has the mandate from the people tosa feguar ditsso vereignty, has revoked permits for the establish men to social organizations which are deemed contrary to the ideology of the State. The Ministryof Law and Human Rights as the party that grants the permit can immediately revokethelicense on the basis of the contractus actus principle contained in the Perppu No. 2 of 2017 concerning Amendmentsto Law No. 17 of 2013 concerning Community Organization. Even though they have taken repressive steps, the Ministry of Law and Human Rights has not taken any preventiveaction in obstructing and preventing theemergence of social organizations that are contrary to the ideology of the State. There fore the authors providean effective solution in theformofan E-Integrative Control System as a Social Organization Supervision Design to Realize the Concept of State Sovereignty so that the Government as the party responsible for granting perm its for the establish men to social organizations and contradicting stateideology. Which could threaten theso vereigntyandintegrity of the Unitary State of the Republic of Indonesia.

The Pragmatic Idealism of Josephus Jitta (1854-1925)

Jitta occupied a very specific intellectual space between universalism and particularism and between state-centric and individualistic theoretical perspectives. His scholarship formed a different, quite radical alternative to the dominant private international law theory and methodology of his time. He rejected the conventional understanding of Savigny's method of localizing transnational legal matters, fundamentally contested the premise that one could choose a law in disregard of its content, and refused to center private international law's theory on the concept of state sovereignty. Yet his initially radical ideas evolved in a more pragmatic direction on contact with the great socio-political transformations following the First World War. This progression of his thought provides us with much to learn, while calling at the same time for a critical approach.

The subjects of spatial statism: Reclaiming politics and law in international entanglement: Afterword to the Foreword by Ran Hirschl and Ayelet Shachar

Abstract In their Foreword, Hirschl and Shachar challenge the supposed contemporary decline of state sovereignty and describe the enduring and expansive spatial reach of state power to counter threats to sovereign territorial control. This Afterword looks into the normative foundations of this account and its consequences for public international law and for international courts, in particular. “Spatial statism” exposes, I argue, a disjunction between the concepts of state sovereignty and popular sovereignty—and thus disrupts the normative expectation that those subject to the law are also its authors. It is this expectation that international judicial review must seek to restore. The attempt to do so is burdened by analytical and practical difficulties. But the project, I argue, is essential. In confronting the new “spaces” of international entanglement, judges must redeem the idea that citizens might yet reclaim those entanglements as a “common world,” not just a space in which they are brought together, unfreely, under the mantle of state coordination and coercion.

Environmental trusteeship and state sovereignty: can they be reconciled?

ABSTRACT The call for Earth trusteeship cannot easily be reconciled with state sovereignty. The concept of state sovereignty emerged at a time of great distances and absolute national autonomy. In a globalised, interconnected world that utterly depends on the integrity of Earth’s ecological systems, absolute territorial sovereignty is counterproductive and potentially life threatening. Arguably, the time is right for reconceptualisation state sovereignty. Sovereignty includes not just fiduciary and trusteeship obligations towards the state’s own citizens, but also towards humanity at large and Earth as a whole. The current UN reform process including Agenda 2030 offers a window opportunity for institutionalising Earth trusteeship at international and national levels.

Sovereignty and Trans-Boundary Environmental Issues: A Search for Co-Existence

With no international uniformity and ambiguity in matters of jurisdiction in cases of cross-boundary environmental issues, the concerns for the same have taken a centre-stage. The need for having a clear perspective and a legal framework on environment related issues specifically in relation to jurisdictional aspect in trans-boundary claims has to be dealt with. But any debate of such nature will touch upon the concept of State Sovereignty. The debate for having a universal jurisdiction is quite new and that of extending it to the cases of environment is even more new and thought provoking. The environmental degrading activities of one State may affect the neighbouring State(s) too, which would thus involve various legal and political consequences. And one such consequence will be in relation to the territorial sovereignty. International law concerns have tried to strike a correct balance between the international responsibility towards environment and the principle of State Sovereignty. This article is an attempt to evaluate the evolving international environmental law jurisprudence in the above mentioned backdrop. In this the responsibility to protect and preserve the environment of the States is to be studied while taking into account the issues relating to sovereignty. It is to be analysed as regards how far obligations can be placed upon a State so as not to undermine the absoluteness of its Sovereignty.

The Relationship between International Humanitarian Law and the Notion of State Sovereignty

This article explores the relationship between the laws of armed conflict, or international humanitarian law (IHL), and the international legal concept of State sovereignty. Historically, only wars between sovereign States were subject to regulation by the laws of war. From the 19th century onwards, States agreed upon a significant number of IHL treaties and in 1949, despite calls upon sovereignty, they accepted that international law can also regulate non-international armed conflicts by extending a limited part of the IHL rules to this type of conflict. Since then, through the formation of customary international law and, in part, as result of new treaties, it has been accepted that the majority of IHL rules have become applicable to armed conflicts of a non-international character. In addition, international institutions have been set up to prosecute individuals for serious violations of IHL. The author discusses how IHL and sovereignty have influenced each other’s development. The analysis shows that the development of IHL must not be seen as limiting State sovereignty, but rather ought to be regarded as a manifestation of sovereignty, expressed through the formation of this branch of international law by its core subjects: States. At the same time, as a result of the increased reliance on means other than treaties for clarification and development of IHL, the role of States has become more limited; it is reduced to either accepting or rejecting the prospective developments of IHL and any consequential impact on their sovereignty.

Domestic Courts and the Defense of Shared Fundamental Values

According to the “counter-limits” doctrine, firstly developed by domestic constitutional courts with regard to the process of European integration, the internal mechanism of adaptation to international law is interrupted in the event of international rules found to be incompatible with the fundamental principles of the domestic legal order. When applied, the doctrine leads to State’s non-compliance with an international obligation. Nevertheless, it is hereby argued that “counter-limits” may have a positive impact on international law, contributing to its development in a human rights-focused direction. In order to substantiate this position, the paper provides a brief overview of the foundations of the doctrine and of the ratio behind it, as well as of its recent applications. Subsequently, three arguments in favour of an optimistic perspective are put forward: the similarity of content between fundamental principles enshrined in national constitutions and international law, the concept of State sovereignty which emerges from recourse to “counter-limits”, and the law-making role of States.