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Conceptual Evolutions Of Sovereignty - A Constitutional Attribute - In The Context Of Globalisation

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  • Emilian Ciongaru

Abstract

The state is not weakened in the conditions of globalisation and integration, but is only changed, as an institutional structure in terms of its functions and ways in which it acts. Regarding the variety of meanings that sovereignty presents, the difference between sovereignty seen from an internal point of view and sovereignty seen from an external point of view is highlighted. In this context, it is shown that sovereignty developed at the same time as the emergence of national states and the exclusive right to govern within territorial borders. Theoretically, the sovereign equality of states was proclaimed, sovereignty having the role to justify the territorial delimitation and to be the basis for negotiation between states, as well as to help enforce an order, other than that based on force, an order based on trade and, in general, on interactions between states. From a conceptual point of view, we may say that globalisation represents a phenomenon which expands the ways of communication between states and communities and has as an effect the fact that the internal legal order of a state extends to a new concept, that of worldwide legal order.

Suggested Citation

  • Emilian Ciongaru, 2019. "Conceptual Evolutions Of Sovereignty - A Constitutional Attribute - In The Context Of Globalisation," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 13(1), pages 71-79, May.
  • Handle: RePEc:dcu:journl:v:13:y:2019:i:1:p:71-79
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    More about this item

    Keywords

    sovereignty; globalisation; state; sovereign equality; sovereign rights;
    All these keywords.

    JEL classification:

    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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