International relations
Ilona Edyta Wakuluk
Numer albumu 16501
A NEW APPROACH TO STATE SOVEREIGNTY IN THE LEGAL AND ECONOMIC SCIENCES
Paper written for: At Source of European Identity
Conducted by prof. dr hab. Witold Marciszewski
Keywords: sovereignty, state, globalization, international law, power
Abstract: Sovereignty for centuries has been controversial issue. The understanding of “sovereignty” has been evolving since the Ancient Greeks and Romans. The article presents evolution of the conception of sovereignty till the present value of that notion.
Nowadays, the states foundations are population, territory and sovereignty (power). We can distinguish sovereignty in two aspects: external (state) and internal (national). The develop of economy and free market are limiting countries influence to national economy. The active progress has got an effect on countries which devolve competence to international relation organs so the countries internal competence became much more lesser.
The dynamic development of international law and reinforcement international cooperation cause the tightening of relations and evolution of the concept “sovereignty”. In the present time, the process of globalization, regionalization or integration aspire to create redefinition of sovereignty.
At the beginning of XXI century the active debate on the national identity and sovereignty seems more important than ever before. The transfer of the state authority to other organizations or institutions arouse a lot of controversies.
The aim of the article is present the most important issues and to explain different points of views connected with the concept of sovereignty in the legal and economic sciences.
NOWE UJĘCIE SUWERENNOŚCI PAŃSTW W NAUKACH PRAWNYCH I EKONOMICZNYCH
Słowa kluczowe: suwerenność, państwo, globalizacja, prawo międzynarodowe, władza
Abstrakt: Suwerenność od wielu wieków stanowiła kontrowersyjne zagadnienie. Rozumienie pojęcia suwerenności rozwijało się już od czasów starożytnych Greków i Rzymian. Artykuł prezentuje ewolucję koncepcji suwerenności aż do współczesnego postrzegania tego zjawiska.
Obecnie fundamentem każdego państwa jest ludność, terytorium oraz suwerenność (władza). Wyróżnia się dwa aspekty suwerenności: zewnętrzny (państwa) oraz wewnętrzny (narodowy). Rozwój ekonomii i wolnego rynku zmniejsza wpływ państw na gospodarkę. Aktywny postęp wywiera presję na przekazywanie kompetencji organom stosunków międzynarodowych, tym samym kompetencje wewnętrzne państwa ulegają zawężeniu.
Dynamiczny rozwój prawa międzynarodowego oraz wzmocnienie współpracy międzynarodowej ma wpływ na zacieśnienie stosunków oraz kształtowanie się pojęcia suwerenności. Zachodzące procesy globalizacji, regionalizacji czy integracji dążą do redefiniowania suwerenności w obecnych czasach.
Aktywna debata tocząca się u progu XXI wieku dotycząca tożsamości narodowej oraz suwerenności jest bardziej potrzebna niż kiedykolwiek. Transfer władzy państwowej do innych organizacji czy instytucji budzi wiele kontrowersji.
Celem artykułu jest ukazanie najważniejszych stanowisk oraz wyjaśnienie różnych punktów widzenia odnoszących się do pojęcia suwerenności w naukach prawnych i ekonomicznych.
INTRODUCTION
Current views on the concept of state sovereignty significantly different from each other. "At least three decades, says W. Anioł, many researchers draws attention to the weaking, erosion, absoleting, decline or even demise of state as a participant in international relations' (Angel, 2002, p. 6). Currently, many of the problems facing the country today, and the increasing globalization of the risk of stability and functioning of national sovereignty.
Member States participating in international relations will become members of the global community, which is associated not only with the facilities, but also the obligations arising from the posting of excerpts of sovereignty (the method of voting, approval procedures, the judiciary and international arbitration, the transfer of legislative powers, separation of the exclusive areas of the organization and international institutions).
A wide range of phenomena affecting the sovereignty of the state in the plane of the legal and economic change throughout history and applies to different categories. The evolution of the state, its objectives, functions, relations between the state and the individual, as well as contemporary presence on the international scene of new actors affect the validity of examining this phenomenon. Transfer of competences to the benefit of the wider international community seems to be often a prerequisite for maintaining its status and position in the global arena.
Important to establish a series of signs describing the issues of state sovereignty, the multiplicity of actors, the lack of a formal definition affects the fact that it can not be clearly classified.
The current understanding of the concept has nothing to do with the perception of him in the past, nowadays it is based on the action of independent states in complex external relations, but above all having the power to regulate internal relations.
This article aims to show the paradox of state sovereignty, the historical overview and contemporary understanding of this phenomenon.
TRANSFORMATION OF THE IDEA OF SOVEREIGNTY
THROUGHOUT THE HISTORY
` Reflections on the sovereignty already appeared in ancient times. Focused on the relationship between the state, sovereignty and the people. Greek and Roman concept was based on a country that possessed an independent and supreme authority in the territory owned. The very concept of sovereignty in those days it was not yet known, but it was considered to be indivisible, absolute and inalienable.
In particular in Roman literature you can find many references pay homage to their homeland. The primacy of the state and its authority over the community, as well as the same entity characterized by the contemporary philosophical thought (Seneca, Marcus Aurelius). Association of gods and men was embedded in the mind of a universal power (absolute sovereignty). On his head was the emperor who was identify with the envoys of the gods, sometimes seen as a god in its pure form. Universal was the argument about constitutional doctrine that a strong, efficient state must rule other peoples (Virgil-70-90 BC).
Name of sovereignty derives from the Latin term "superanus" - a higher, with the time given him the meaning of "highest".
Ancient Greek "polis" (city-state) was the primary form of social organization. "Polis" was independent of its neighbors, its citizens formed a unified community. Self-sufficiency, according to Aristotle (384-322 BC), was the basis for recognition as the sole sovereign state. He claimed that "anyone who lives outside the community polis must be either a beast or a god".[1] Thus, other entities recognized as not sovereign or self-sufficient. The discussion of Plato's sovereignty would be based on the rule of philosophers have, as the most skilled and appropriate people.
The development of the theory of sovereignty has been instrumental Christian thought. Recognition of the individual as a free and decent has become a turning point in the perception of subjectivity sovereignty. A man endowed with divine attributes, was classified in the unknown before heading for the society and state. It was then, human life and dignity as the most important asset and value. Was a natural feature of human freedom, but responsibility for themselves, their deeds and lives in the community. In this approach, sovereignty was perceived not only as individual freedom, but also obligations that must be met by the other and the environment. Each of the forms of society (family, community, nation, state, including the authority) was created to help a person in the exercise of sovereignty. According to this concept was not able to do it alone. The natural sovereignty of the individual was not limited by the institutions operating in society, because they operate with its consent and on behalf of (Marszałek, 2001, p. 46-47).
Theories primacy of the individual (the sovereignty of people) has not found wider application (Marszałek, 2000, p. 19).
For the first time dramatically against the sovereignty of the state favored John Lock (1632 - 1704) in the stream called enlightened liberalism. Granted the sovereignty of the individual characteristic[2], having freedom, law, social structures and the state. Assuming that the individual is sovereign and this is due to its natural right to liberty, it should wield sovereign (Marszałek, 2000, p. 25).
In parallel, Tomas Hobbes (1588 - 1679), under the enlightened absolutism, made based on the Greek theory of recognizing the primacy of sovereignty and state power. He claimed that the sovereign power can not be dependent on external or internal constraints.
The very concept of sovereignty arose in the Middle Ages as a result of competition for hegemony between the Emperor and the Pope, and then - the competition of individual rulers of nation states with the emperor. "Sacrum Imperium Romanum", also called "Res Publica Christiana” concerned two people wielding the supreme authority of the socio-political. The Emperor was the sovereign power in this life, the pope-spiritual. The disintegration of the Roman Empire to the large number of nation states, as a result of the Reformation, the Germanic countries, resulted in the assignment of sovereignty (territorial) to any ruler. Spiritual Sovereignty was wielded by the pope, as supreme authority and source of morality in the world.
Transformation of the position in terms of sovereignty can be seen on the example of achievements of the authors of social contracts (H. Grotius, J. Bodin, T. Hobbes, Rousseau, J. Lock). They recognized the sovereignty of a sovereign power. For the first time, in this sense, words that he used Jean Bodin (1530-1596). In the sixteenth century was formulated the modern phenomenon of the structure of sovereignty. In this work, "De Republica Libri Sex" author concludes that the sovereign power has the highest power to the citizens and subjects, and thus no liability (absolute and constant power). Definition of sovereign authority, as the law meant the unbound nature of the relationship within the state determined by the power of the monarch (Dei gratia) - a constant and undivided authority. Rejected are mixed regimes, which determined concepts in ancient and medieval times. The competencies of the Lord was creating law, an attribute was also to speak of war and conclusion of the peace agreements, the appointment and dismissal of officials, to impose public charges (together with the United States General) and many others. Modern design, therefore, the doctrine of sovereignty in the absolute monarchy has identified the people, the nation as its subject, the most important player was the ruler along with a catalog of competence Dei gratia (from lat. with the grace of God) (Justyński, 2003, p. 1).
The concept of sovereignty from the times of the Westphalian system (1648) was based on the existence of independent states of the Pope and the Emperor. Introduced move your external interference in the issue of faith and religion and the right to determine those issues within its territory (cuius region eius religio-lat. whose country, the religion) (Symonides, 2009, p. 171).
A key element connecting the next century, the concept of sovereignty was the people. Examples indicating the source of sovereignty in that entity were the doctrine of natural law, the Declaration of Independence (July 4, 1776 onwards), the Declaration of Human Rights (26 August 1789). They indicate that people have exclusive rights, which must result from his authority.
Confrontation breeds (implemented through the colonial expansion), nations and classes (mainly in Europe), exhausts almost completely the concept of sovereignty, which until World War II leading the way in political practice in the world. Nightmare on past wars and deep economic crisis affects the perception of the exhaustion doctrine of sovereignty in the "old" approach. The conviction, which appeared early in World War II, the traditional sense of sovereignty of countries (particularly in Europe of sovereign states) began to become obsolete (Justyński, 2003, p. 1).
MODERN APPROACH OF SOVEREIGNTY
Disputes over the sovereignty derives not only from a different understanding of the various epochs of history but also the definition of diversity.
Sovereignty is one of the fundamental concepts of public international law. There is no enumerated powers specified directory of the rule within their sphere of sovereignty, and thus is not a legal norm. Sovereignty is an inherent attribute of state, confirmed by the very fact of its existence (Kłysik, 2004, p. 142).
In international law, constitutional or not there is a clear definition of sovereignty. The question arises: how can this concept be clarified.
The concept of state sovereignty is published in terms of simple and common ground is identified with the terms "free", "independent", “autonomous”, "self-governing". Apart from the sovereignty of these terms are used in the context of the most protected interest associated with the independence and autonomy of state (Monarcha- Matlak , 2005, p. 19).
Sovereignty in the twenty-first century means above all the "constitutional independence and the ability to decide on the scope of their competence". Independence is defined as the absence of limitations imposed by the Basic Law, the lack of subordination to another, superior power, there is also a part of a complex (Symonides, 2009, p. 172).
The subject belongs to the states is their sovereignty, autonomy and acting in the protection of liberty, but not arbitrariness and caprice in action, since the time of absolute and exclusive sovereignty has passed. Sovereignty in determining the negative aspect is understood as "non-subordination to anyone". It is "accurate, compelling defense of the values for each country, such as: independence, equality, honor, and participation in international life. " The purpose of sovereignty to the interests of the state (raison d'etat), being part of a constant, while other aspects are often variables like economic alliances, political, military (Łaski, 2005, p. 44- 45).
Independence includes the ability to make decisions regarding their own state system, internal relations and foreign policy. It should be stipulated that the change in the socio-economic system or government may be constitutionally or not (eg, revolution, coup). However, independence can not be understood as the ability to perform everything, and without any restrictions. The so-called. "absolute independence" precludes the operation of other actors in the international arena, particularly the right to independence of other states and nations for the right to self-determination (Łaski, 2005, p. 44).
Equality and the right to worship the state are equally important elements of sovereignty. The nature of equality is clear that each country is equal before the law. However, this does not mean equality in fact, due to the variety and scope of the acquired rights. Worship is based on showing respect, however, result in a breach of the law to compensate the victim state (Łaski, 2005, p. 44- 45).
Participation in the international forum creates opportunities for cooperation with other countries in the economic, scientific, cultural, technical, etc. This creates a risk of different types of networks of interdependence, and thus may require adaptation of the inner sphere to the functioning of international standards (Łaski, 2005, p. 45).