The New Developments Of State Sovereignty

After Thirty-Year War, the European States signed The Peace Treaty of Westphalia, which provided social soil for the existence of equal state sovereignty. Since Bodin officially putted forward the concept of State Sovereignty, it has been developing with the progress of states and international laws and becoming the foundation of many international law theories. This paper applies historical method as well as comparative research method and makes use of relative international customs as well as international statutes to prove the significance of insisting relative and equal state sovereignty. Except the foreword and conclusion part, the paper can be divided into four chapters.The first chapter generally explores the concept of state sovereignty including the appearance, development, character as well as the classification of state sovereignty. In order to elaborate the appearance and the development of state sovereignty, this paper follows the timeline to explain the sprout of state sovereignty and the appearance as well as the development of modern state sovereignty. Referring to the concept of state sovereignty, this paper lists different ideas held by different scholars from different countries in different background and draws the conclusion that there are two characters in state sovereignty—supremacy and independency. In consideration of the fact that international society has not gained consistent view about the concept of state sovereignty, this paper states five main characters and eight classifications of it.The second chapter combs the theories of state sovereignty in the aspect of international law theories including the school of Natural Law, Alan Show si sent, Positive Law, New Natural Law and New Positive Law. In Natural Law School this paper enumerates the ideas held by Victoria and Pufendorf; in Positive Law School this paper enumerates the ideas held by Cornelis Bynkershoek and Oppenheim; in Alan Show si sent this paper enumerates the ideas held by Hugo Grotius and Emerich de Vattel; in New Natural Law School this paper enumerates the ideas held by Leon Duguit,Nicolas Politis and Hans Kelsen; in New Positive Law school this paper enumerates the ideas held by Haas Morgan cable and Housman. At the end of this part, it comes to a conclusion that state sovereignty is the essential character of states and the concept of state sovereignty is a developing concept which should be corresponded to the international background.The Third chapter introduces the development tendency of state sovereignty theory and takes socialist states as well as capitalistic states as example to explain the reasons and meanings why did they apply different state sovereignty theories.The Fourth chapter deduces the current state sovereignty should be the relative and equal state sovereignty. Firstly, this chapter proves the necessity and reality of relative state sovereignty from the angle of theory and reality. From the theoretic aspects this paper mainly introduces the restrictions on state sovereignty stem from treaties, customs and general principles of law. From the realistic aspects this paper mainly presents the restriction on countries territorial jurisdiction and judicial jurisdiction. Under the background of the expanding of organizations, this paper demonstrates the restrictions and influences made by international organizations by taking UN and WTO as example. The second part of this chapter demonstrates the importance of equal state sovereignty from the aspect of equality by taking"new interference theory"as example.The conclusion emphasizes the importance of applying the relative and equal state sovereignty in the globalization background.