Limitations to the sovereignty or external conditions for the exercise of sovereignty by the State? The State feels omnipotent internally, because it possesses and uses the instruments to direct the life of the community, as at the international level, due to the total absence of binding rules and the discretion of the United Nations Security Council to consider and evaluate as a violation, the use of force to resolve internal disputes as external ones. International law on the one hand make an effort to limit this traditional and dated omnipotence of the state and it also limits the use of force up to its ban, subject to certain exceptions. It is the Charter of the United Nations to consider the possibility to reject or terminate aggression. But can the Security Council legitimate enforcement actions and in any case involving the use of force, suspending rights acquired by the government pre-existing, coming to grant independence or external sovereignty (and internationally validated) to a part of the state, where there is a national minority? Does not seem an excessive discretion in limiting or not the sovereignty and territorial integrity? International tribunals, agreements, suspended sovereignty, self-determination and international obligations. All combine to outline the conflicting relationship between the state / international community and the paradox of sovereignty, limited and shared.

Il paradosso della sovranità. Riflessioni e quesiti di diritto internazionale

AVENIA, CATELLO
2012

Abstract

Limitations to the sovereignty or external conditions for the exercise of sovereignty by the State? The State feels omnipotent internally, because it possesses and uses the instruments to direct the life of the community, as at the international level, due to the total absence of binding rules and the discretion of the United Nations Security Council to consider and evaluate as a violation, the use of force to resolve internal disputes as external ones. International law on the one hand make an effort to limit this traditional and dated omnipotence of the state and it also limits the use of force up to its ban, subject to certain exceptions. It is the Charter of the United Nations to consider the possibility to reject or terminate aggression. But can the Security Council legitimate enforcement actions and in any case involving the use of force, suspending rights acquired by the government pre-existing, coming to grant independence or external sovereignty (and internationally validated) to a part of the state, where there is a national minority? Does not seem an excessive discretion in limiting or not the sovereignty and territorial integrity? International tribunals, agreements, suspended sovereignty, self-determination and international obligations. All combine to outline the conflicting relationship between the state / international community and the paradox of sovereignty, limited and shared.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11389/568
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