LawState and Law

Is sovereignty an independence or a combination of rights?

Sovereignty is the most important category of state and international law. Recognition of the population, for which a certain territory is historically fixed, is an independent legal unit, is associated with the provision of significant powers to the people.

Theorists argue about the content of the concept of "sovereignty". The definition of it as the internal and external independence of the state is not entirely correct. Internal self-sufficiency in this case is not questioned, since the people delegate power to representative bodies, thus giving them executive powers.

Complexity is a characteristic of the definition of "external sovereignty". This is due to the problem of the very possibility of talking about the independence of a country in the context of globalization. Close foreign-policy interaction, trade, economic activity - all this strengthens the interdependence of states from each other. It turns out that formally each country can conduct foreign policy in its own way. But in fact the sovereign has a much smaller political weight if he is not in the international community formed by modern economic leaders.

Deciding to join this or that union, the state becomes compelled to conduct not only external, but also internal policy in a certain way, seeking compliance with the established organization standards.

One of the conditions for admission to a particular community is to bring national legislation into line with the provisions of the international treaty (treaties). As a rule, these documents raise the requirements for the degree of protection of natural human rights, but the very fact of the forced change of the national legal framework, conditioned by economic and political necessity, casts doubt on sovereignty. This state of affairs leads to the need to search for a more adequate definition of the category under study.

So, the sovereignty of the people gives him the opportunity to form representative bodies. The latter are made by the authorities, thanks to which they can conduct domestic and foreign policy on behalf of the people . Thus, in the narrow sense, the notion of sovereignty boils down to the state's ability to interact with other countries on the international arena on behalf of its people: to accept treaties, to join unions, etc.

The emergence and recognition of new states has two types of prerequisites. The international community can recognize the independence of education, which was part of another, a larger bearer of sovereignty. This practice was carried out in the post-Soviet period, when natives of the USSR gained independence. Sovereignty is in this case the recognition of the independence of education, which has the experience of "statehood". Examples of such countries are Georgia, Armenia, Latvia, Estonia and others.

The second way of gaining the status of independence is the recognition of the sovereignty of education, which, accordingly, has no experience of being an independent state. Thus, on the territory of present Kyrgyzstan, Turkmenistan and Kazakhstan, before the withdrawal from the Union, there were no formed entities of the same name.

Particular attention should be paid to countries whose sovereignty is partially recognized. Abkhazia, South Ossetia, the Transnistrian and Nagorno-Karabakh Republic have not been recognized by the international community for 20 years as independent subjects of foreign relations.

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