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International Law Vs Sovereignty

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Without precedent in past centuries, international law has prospered at a pace. It has been established that the state is the principal and significant subject of international law to which the international order accords personality. Personality is the quality of being a person. The state, in the international perspective bears the most extensive form of legal personality wherein it must possess certain attributes such as having a permanent population, a definite territory, a government, and sovereignty or independence or the capacity to engage in diplomatic or foreign relations. As consequences of having a legal personality are the various rights, duties, powers and obligations that each state has to follow as imposed by international law. …show more content…

Having sovereignty means that a state enjoys sovereign equality regardless of economic, political, and social differences. As a consequence, states have the right to decide on how to develop its political, cultural, economic or social systems. States have their own jurisdiction within their territory and it is their duty to ensure that the conditions prevailing in its territory do not go against international peace and order. However, sovereignty is always affiliated with the consent of a certain state that is, if it does not give its consent, it would not be bound by any rules of international law. In accepting the limitations which sovereignty imposes on international law, it is vital to take account of whether these limitations can really weaken the effectivity of international law in general. The answer is in the affirmative but it should still be realized that there is so called monistic and dualistic theory of Hans Kelsen to be considered. According to Alina Kaczorowska (2010), the relationship between international law and municipal law can be discussed in terms of the monistic/ dualist debate. Public International law leaves each country to decide on how international law and its municipal law will interact. From this, one could infer how sovereignty of each state can somehow prevail. The Monistic theory proposes that there is unity between international law and state law and that they considered to be part of the same legal order. When there is primacy of international law, the validity of state law would be based on the international principles set forth by the international law. Conversely, when the state law is supreme over the former, international law's validity would lie on the state law. However, according to Kelsen, international law is supreme because it is a higher law than municipal law. On the other hand, the dualistic theory proposes that

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