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4 - Sovereignty

Published online by Cambridge University Press:  16 July 2009

Martti Koskenniemi
Affiliation:
University of Helsinki
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Summary

The international doctrine of State sovereignty bears an obvious resemblance to the domestic-liberal doctrine of individual liberty. Both characterize the social world in descriptive and normative terms. They describe social life in terms of the activities of individual agents (“legal subjects”, citizens, States) and set down the basic conditions within which the relations between these agents should be conducted.

But the relations between individual liberty and normative principles might be figured in alternative ways. We have seen that a pre-classical scholarship started out with assuming the existence of a normative code – a set of rights and duties in different areas of the Prince's conduct. That code was normative in its own right. Sovereignty – the Prince's sphere of liberty – had no independent normative status. It was simply a description of the powers and liberties which the Prince was endowed with by the normative code. A reverse perspective was developed by the classical lawyers. For them, the State's sphere of liberty was prior, and normative, and the principles of conduct between States simply followed as a description of what was required to safeguard the anterior liberties. It should not be difficult to recognize the opposition between a descending and an ascending outlook in this explanation of the contrast between early and classical doctrines.

The problem with the classical position is how to explain what is involved in a State's sovereignty – its sphere of liberty – without lapsing into apologism; the conclusion that a State's liberty extends to anything the State itself thinks appropriate to extend it to.

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From Apology to Utopia
The Structure of International Legal Argument
, pp. 224 - 302
Publisher: Cambridge University Press
Print publication year: 2006

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  • Sovereignty
  • Martti Koskenniemi, University of Helsinki
  • Book: From Apology to Utopia
  • Online publication: 16 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511493713.006
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  • Sovereignty
  • Martti Koskenniemi, University of Helsinki
  • Book: From Apology to Utopia
  • Online publication: 16 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511493713.006
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Sovereignty
  • Martti Koskenniemi, University of Helsinki
  • Book: From Apology to Utopia
  • Online publication: 16 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511493713.006
Available formats
×