Authors : Yuriy P. Bytyak, Ivan V. Yakovyuk, Olesia Y. Tragniuk, Tetiana V. Komarova and Sergey S. Shestopal
Abstract: The question on the content of the sovereign rights and their relation to sovereignty is not enough developed in legal science. These issues are in the focus of present study. In the traditional legal doctrine sovereignty is the category that expresses the content and scope of competences of the state in the domestic and foreign policy. The appearance of a new state automatically means the presence of his sovereignty. The loss of sovereignty leads to the termination of its existence as a subject of international law. In international (interstate) communication, the states are forced to self-restriction of their sovereign rights but without losing the sovereignty. As the human rights, the sovereign rights of the state in a certain sense can be treated as natural. The sovereign rights are associated with the existence of the state and do not depend on other non-legal factors. Conception of the state’s legal equality results in the identity and equality in sovereign rights that states can use on their own. The meaning of the sovereign rights consist in the determination and guaranteeing clearly defined boundaries of the freedom of the state. Can sovereign rights change in the process of historical development of the states? What is the “measure” of changes of the volume of sovereign rights? The sovereign rights are inherent to the state and as long as sovereign stats play the major role in international law their strength remains ultima ratio.
Yuriy P. Bytyak, Ivan V. Yakovyuk, Olesia Y. Tragniuk, Tetiana V. Komarova and Sergey S. Shestopal, 2017. State Sovereignty and Sovereign Rights: The Problem of the Correlation. The Social Sciences, 12: 1228-1234.