Open AccessFrom Struggle for Law to Struggle for Sovereignty
Author(s) -
А А Клишас
Publication year - 2019
Publication title -
pravo i upravlenie. xxi vek
Language(s) - English
Resource type - Journals
eISSN - 2587-5736
pISSN - 2073-8420
DOI - 10.24833/2073-8420-2018-3-48-11
Subject(s) - sovereignty , legislature , political science , politics , law , state (computer science) , territorial integrity , government (linguistics) , law and economics , context (archaeology) , sociology , geography , linguistics , philosophy , archaeology , algorithm , computer science
. The article deals with the problems of sovereignty of modern states in the context of political confrontation at the beginning of the 21st century. The author performs a legal analysis of the issue of a state’s constitutional identity limitation by supranational interstate associations and the issue of inter-ference of some states in the affairs of others as a modern trend of interstate communication. Materials and methods. The theoretical basis of the research is the views of the German jurisprudent R. Jhering on the correlation of objective law and subjective law, as well as on the conditions that are necessary for the existence of the rule of law. The empirical basis of the research is represented by the current legal regulation of the Russian Federation and the United States of America, as well as by legislative initiatives being under consideration in the Congress of the United States of America. The methodological basis of the research is the formal logical method, the method of system analysis, structural and functional method. Results. On the basis of the analysis of modern trends in the interstate in-teraction and after consideration of individual domestic political decisions taken in the Russian Federation and the United States of America the author con-cludes, that the international cooperation is impossible without adopting sover-eignty ensuring government measures which measure up both to the violation of the state’s constitutional identity by interstate associations and to the interference of states into the internal affairs of others. Discussion and conclusion. Interference of interstate associations in a state’s constitutional identity and states’ consistent interference in the internal af-fairs of other states are an absolutely unacceptable practice from the standpoint of international law. Such a practice prevents the construction of international cooperation on the basis of consensus and mutual respect and brings to naught the effectiveness of interstate cooperation .