Date of Award

Winter 2-2015

Document Type

Thesis

Degree Name

Bachelor Degree

Department

Political Science

First Advisor

Emrush Ujkani

Language

English

Abstract

The concept of sovereignty of states is a rather complex one to address but indeed one of central importance for any discussion pertaining to International Law.

This derives from the fact that only sovereign states are “recognized” subjects and makers of Public International Law[1] (PIL).

One aspect seems to be widely accepted: just as the birth of a human being marks the beginning of his or her legal personality[2], a state’s recognition as sovereign will likewise acknowledge its capacity to be subject of international law normative framework. For that reason, the establishment of a State as sovereign has been the cause for countless conflicts - armed or diplomatic - and for extensive debate among scholars and practitioners of International Law.

International law regards sovereignty an independent personality. States are the paradigmatic image of this. Modern international law developed primarily by viewing states as individuals, and elaborating the natural law which ought to apply between them.

The first goal of this paper will then be the discussion of the definition of what Sovereignty is. Secondly, and perhaps even more challenging, we have to consider what sovereignty entails.

The concept closely links with that of territoriality, but it is not to be confused with the latter, which represents the boundaries[3] and limits of the state’s existence as such. However, the purpose of the following thesis is not to address the philosophic conception of sovereignty, but rather to address the visible aspects of its manifestations of the interactions that might rise between sovereign states.

[1] We could add that even in regards to a state’s Domestic Law, sovereignty is fundamental

[2] Characteristics and qualities (such as age and domicile) from which human beings derive their legal capacity and status, within their society's legal order. It is the sum total of an individual's legal advantages and disadvantages. In, http://www.businessdictionary.com/definition/legal-personality.html

[3] Including not only the land but also aerial space and, where applicable, the seas

DOI

10.33107/ubt-etd.2015.296

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