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On The Transferability Of State Sovereignty

Posted on:2006-10-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y W ZhaoFull Text:PDF
GTID:2166360155475150Subject:Law
Abstract/Summary:PDF Full Text Request
Many debates have been raised since the birth of the theory of state sovereignty. One of the debates is the transferability of it. At the early period of the theory, people usually believe that state sovereignty is un-transferab;e, and there are still many scholars stand this opinion at present. However, with the develop of the times, the new idea tide that the state sovereignty can be transferred has raised and even became the mainstream of the theories on the transferability of state sovereignty. Nowadays, the scholars of the two parties started a fierce debate on the transferability of state sovereignty.Is state sovereignty transferable? Why there is a debate on it? This paper believe that the state sovereignty has many factors like sovereignty identity, sovereignty authority, sovereignty will , sovereignty profit, sovereignty power, etc. The transferability of these factors are different, sovereignty identity , sovereignty authority and sovereignty will can not be transferred, or is the lose of the state sovereignty; However, sovereignty profit and sovereignty power can be transferred. On the debate of the transferability of the state sovereignty, different scholars use the different factor of the sovereignty to indicate sovereignty is the direct cause of the rise of the debate. The multi-factor content of the sovereignty is the root cause of the debate.On the transferability of the state sovereignty, this paper believe that the state sovereignty can be partial transferred, and the partial transfer of the state sovereignty is actually the transfer of the transferable part of the state sovereignty. That state sovereignty contents transferable factors is the theoretical foundation of the partial transferability of the state sovereignty. This paper also believe that the state sovereignty concept and theory is in developing, the meaning ofstate sovereignty changes with its historical background. At the present background, the partial transfer of state sovereignty is unavoidable. The present historical background of globalization is the practical foundation of the partial transfer of state sovereignty.
Keywords/Search Tags:state sovereignty, multi-factors, transfer, globalization
PDF Full Text Request
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