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Journal of law and social sciences of the Law Faculty of University J.J. Strossmayer in Osijek = Zeitschrift für Rechts-und Sozialwissenschaften der Fakultät für Rehtswissenschaften der Universität J.J. Strossmayer in Osijek = Journal des sciences juridiq, Vol. 37 No. 3-4, 2021.

Original scientific paper

https://doi.org/10.25234/pv/15594

SOFT LAW AND SOVEREIGNTY – FROM A POLITICAL TO A LEGAL LIMITATION

Dragutin Avramović orcid id orcid.org/0000-0003-3383-4346 ; Faculty of Law, University of Novi Sad, Trg Dositeja Obradovića 1, 21102 Novi Sad, Republic of Serbia

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Abstract

Firstly, the author analyses the theory of sovereignty from the point of its birth and then he considers more recent theoretical challenges facing the notion of sovereignty in a globalised world. Particular attention is paid to soft law – that new, formally non-binding source of international law in the light of its factual influence on the desovereignisation of states. The author holds the position that the relativisation of the notion of sovereignty has been a process that began already in the 18th century and that has only additionally accelerated with new challenges posed by globalisation. The author argues for the only possible and proper use of the notion of sovereignty in its original meaning as an absolute, completely unlimited, and indivisible power. On the other hand, he takes a critical approach not only to the theory of constitutional pluralism but also to the ideas of the state’s legal sovereignty. He pleads for rejection of separating different aspects of sovereignty, artificially distinguishing between the factual and legal sovereignty, as well as the external and internal sovereignty. While theoretically possible, it is of no practical use because the notion of sovereignty can only be correctly understood as a political and legal illimitability. For all other various modalities and attempts at relativising and grading sovereignty, from the 18th century to this day, different terms should be coined. Being mindful of the situation in most of the present-day states, the author advocates the introduction of the term "pseudo-sovereignty".

Keywords

constitutional pluralism; legal sovereignty; behavioural sovereignty; relativisation of sovereignty; pseudo-sovereignty

Hrčak ID:

269410

URI

https://hrcak.srce.hr/269410

Publication date:

29.12.2021.

Article data in other languages: croatian

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