Violation of the Principle of Sovereignty that Legitimizes the Actions of the Security Council

Authors

  • Dumitriţa Florea Lecturer Phd, "Stefan cel Mare" University of  Suceava, Romania
  • Narcisa Gales Lecturer Phd, "Stefan cel Mare" University of Suceava, Romania

DOI:

https://doi.org/10.18662/eljpa/10.1/193

Keywords:

violation, principle of sovereignty, actions of the security council

Abstract

The link between sovereignty and international law found its legal embodiment in the principle of sovereign equality of states. The principle of sovereign equality of states is a complex principle, in two ways: both of its components can be considered independent principles. The combination of these elements gave rise to an international legal phenomenon - the principle of sovereign equality of states. It assumes that any state must fully fulfil its international obligations. Within the framework of this principle of sovereign equality, sovereignty itself has regained its definition in the relations of international law. These relations, as a rule, are established between the subjects of international law, i.e. states, but they can also be between states and organizations or only between intergovernmental organizations. The essence of this principle is the rule, according to which the maintenance of international law and order is possible and can be ensured only with full respect for the legal equality of the participants. This means that each state must respect the sovereignty of the other participants in the system, that is, their right on their own territory to exercise legislative, executive, administrative and judicial power without any interference from other states, as well as to exercise independently external politics.

References

A. Preda Matăsaru (2007), Public International Law Treaty, Ed. Lumina Lex, Bucharest, p. 71.

Charter of the United Nations signed at San Francisco on June 26, 1945, at the close of the United Nations Conference on International Organization and entered into force on October 24, 1945, paragraph 1, article 2, available at https://www.un. org/en/charter-united-nations/

B. Aurescu, A. Năstase (2011), Public international law, Syntheses for the exam, Edition 6, C.H.Beck Publishing House, Bucharest, p. 73.

D. Florea (2017), Public International Law, Lumen Publishing House, Iasi, p. 154.

V. Constantin (2010), International Law, Publishing Universul Juridic, Bucharest, p. 281.

C. Moldovan (2019), Public International Law. Fundamental principles and institutions, Publishing Universul Juridic, Bucharest, p. 324.

Ibid., p. 331.

C. Jura (2013), International intergovernmental organizations, C.H. Beck Publishing House, Bucharest, p. 58.

Romanian magazine of international law no. 15/2012.

Art. 41 of the United Nations Charter.

M. Niemesch (2015), Law of international organizations, Hamangiu Publishing House, Bucharest, p. 65.

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Published

2023-12-21

How to Cite

Florea, D. ., & Gales, N. (2023). Violation of the Principle of Sovereignty that Legitimizes the Actions of the Security Council. European Journal of Law and Public Administration, 10(1), 34-42. https://doi.org/10.18662/eljpa/10.1/193

Issue

Section

International Law. European Law. Comparative Law.

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