About the Impossibility of Absolute State Sovereignty

@article{Nez2014AboutTI,
  title={About the Impossibility of Absolute State Sovereignty},
  author={Jorge Emilio N{\'u}{\~n}ez},
  journal={International Journal for the Semiotics of Law - Revue internationale de S{\'e}miotique juridique},
  year={2014},
  volume={27},
  pages={645-664}
}
  • J. Núñez
  • Published 1 December 2014
  • Law, Philosophy
  • International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique
State sovereignty is often thought to be absolute, unlimited. This paper argues that there is no such a thing as absolute State sovereignty. Indeed, absolute sovereignty is impossible because all sovereignty is necessarily underpinned by its conditions of possibility—i.e. limited sovereignty is the norm, though the nature of the limitations varies. The article consists of two main sections: (a) the concept of sovereignty: this section is focused on some of the limitations the concept of… 
About the Impossibility of Absolute State Sovereignty. The Modern Era and the Early Legal Positivist Claim
  • J. Núñez
  • Law, Philosophy
    Legal Positivism in a Global and Transnational Age
  • 2019
State sovereignty is often thought to be and seen as absolute, unlimited. However, there is no such a thing as absolute state sovereignty. Indeed, absolute or unlimited sovereignty is impossible
About the Impossibility of Absolute State Sovereignty: The Middle Ages
Abstract State sovereignty is often thought to be and seen as absolute, unlimited. We have seen that there is no such a thing as absolute State sovereignty. Indeed, I maintained in the first article
Logic of order: state hierarchy, law, sovereignty, and war
ABSTRACT While natural sciences such as physics hold causality for granted as one of the most fundamental principles to make adequate theories of the real world, social sciences, first of all,
The Mandate System as a Messianic Alternative in the Ultra-Religious Jurisprudence of Rabbi Dr Isaac Breuer
Dr Rabbi Isaac Breuer, a German jurist and Jewish rabbi, represented the ultra-orthodox community in Palestine before the international committees which considered the future of the Palestine
A Solution to the Crimean Crisis: Egalitarian Shared Sovereignty Applied to Russia, Ukraine and Crimea
Abstract Sovereignty is intrinsic to conflict in international relations. There are various sovereignty disputes around the world caught between legal and political limbo, the status quo and
State Sovereignty Over the Airspace on the Perspective of International Air Law (A Study of the Delegation of Airspace Management of Batam and Natuna Island to Singapore)
  • Amad Sudiro, Jeannette Natawidjaja
  • Law
    Proceedings of the 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020)
  • 2020
The issue of state sovereignty has been debated over thousands of years. International law recognizes the exclusive right of the airspace over the state’s territorial area. Its followed by the
The Many Forces in Law: Rational, Physical and Psychological Coercion
  • J. Núñez
  • Law
    The Normative Force of the Factual
  • 2019
There is a gap between the Kelsenian and Hartian traditions in legal theory, legal philosophy and jurisprudence. This gap is more evident in central concepts such as sanction and coercion. The paper

References

SHOWING 1-10 OF 25 REFERENCES
Floating Sovereignty: A Pathology or a necessary means of state evolution?
  • Dora Kostakopoulou
  • Political Science
  • 2002
The framing of the debate concerning sovereignty in terms of the dualism of retention or rejection conceals the floating character of sovereignty and constrains the capacity of the state to mutate,
The Nuremberg Trials as Sources of Recent German Political and Historical Materials
No concept has raised so many conflicting issues and involved nineteenth-century jurists and political theorists in so desperate a maze as the concept of Sovereignty. The reason is perhaps that the
Sovereignty: Outline of a Conceptual History
Until recently scholars treated the concept of sovereignty with indifference, their eyes glazing at the very mention of it. At least this was so for scholars from the United States, as Steven
Sovereignty at the millennium
Acknowledgements. 1. Introduction: Sovereignty at the Millennium: Robert Jackson (The University of British Columbia). 2. Sovereignty in World Politics: A Glance at the Conceptual and Historical
The concept of sovereignty
One of the principal legacies that the Han dynasty bequeathed to its successors was the demonstration that imperial sovereignty was a respectable means of government which statesmen could serve with
Aristotle's Theory of the State
Perhaps the fundamental question to ask about any treatise of political theory is, why is it important? About the Politics it is hard to know where an answer to this question would begin. Aristotle’s
The Concept of Law.
The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution
The rise and decline of the state
The state, which since the middle of the seventeenth century has been the most important and most characteristic of all modern institutions, is in decline. From Western Europe to Africa, many
The Nation-State and Global Order: A Historical Introduction to Contemporary Politics
Introduction: A Historical Approach to the State and Global Order The Emergence of the Territorial State The Ancient Roman State: Imperial Rule The Feudal State: Indirect Fule The Medieval State:
The Mother of the Gods, Athens, and the Tyranny of Asia
List of Illustrations Preface Abbreviations Introduction 1. Sovereignty and Divinity in Classical Greek Thought The Study of Religion in Greek History Sovereignty and Tyranny Sovereignty and Greek
...
1
2
3
...