The relations of International Law and state sovereignty PDF

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The Relations of International Law and State SovereigntyGenerally, international law is a set of body of rules that governs the conduct of each state in their relations with one another. As for the sovereignty, it is a principle that applied by the states internally and externally basically on the p...

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The Relations of International Law and State Sovereignty

Generally, international law is a set of body of rules that governs the conduct of each state in their relations with one another. As for the sovereignty, it is a principle that applied by the states internally and externally basically on the premise of mutual recognition of independency of political system, mutual co-existence, formal exercise of relations including corresponding of non-intervention in domestic matters of external powers of the territories. However, the international law drew significant relations towards state sovereignty as it may ensure or endure some of the power practiced by the states in their relation with others. Firstly, according to Oppenheim, supreme power strongly principle practiced by the state within their conduct on the internal plane of the state. He stated that, sovereignty is supreme authority of the land, as for in the international plane exist as legal authority, which is not in law dependant on any other earthly authority. As the term implies strictly and narrowest sense of it, therefore, the independency all around within and without the borders of the state. However, as on the international level, the principle practiced upon the relations of states are characterized by equality and interdependence. In fact, the sovereignty of the state function mainly in the international plane, according to Oppenheim, is to provide statehood among international community and to possesses legal personality and the capacity to rights and duties of the state in international realm. Next, international law as related to the sovereignty of the state recognized in two aspects which are the internal and external aspects. Internal aspects basically meaning that a state can be recognized as a subject of international law if it is independent of other states and possess a sovereign governmental. As for the external sphere which the sovereignty implies means independence from other states. Moreover, sovereignty also confers under international law as the state the right to determine the future of international law content by which it will be bound and also to determine the norms of international law contemporarily. Last but not least, state absolute sovereignty however is not consistent with international law system which the system basically derived with principle of reciprocal rights and obligations. This is against the interdependence of states. All international obligations and rules today is made solely on limitation of sovereignty which the limitation is created by itself. However, sovereignty stand as integral attribute of state power within its internal sphere as the sovereignty denotes absolute and perpetual power within its own border. Due to the absence of international executive authority, state does not recognize superior legislator above them. For example, if 2 conflicting state fight for justice before the international court of justice, the remedies provided for the affected state lead to punishment to other state, the state does not obligate to follow the decision and the right to bring the case upon the ICJ must have consent between 2 parties. In conclusion, international law really has significant relation with the state sovereignty especially in the external sphere. The practicing power by the state is not always necessarily been bound by the international obligation because of the absolute power

practiced within its internal sphere. In order to ensure the stabilities in all matters on international plane, state must agree to limit their sovereignty by obeying the rules as the rules and laws itself come from the limitation of the sovereign power on international level....