Kutafin University Law Review

(KULawR)

academic peer-reviewed law journal


In issue 2 on 2017 year

TAKING SOVEREIGNTY SERIOUSLY Some remarks on Martti Roskenniemi’s Paper on “What Use for Sovereignty Today?„

DOI: 10.17803/2313-5395.2017.2.8.292-298

Author: Eckart Klein

Rubric: CRITICAL SCHOOL OF THOUGHT IN INTERNATIONAL LAW

Annotation: The following brief remarks discuss the essential arguments put forward in Koskenniemi’s thought-provoking article. While I think that some of these arguments are not really fitting or are exaggerated, I agree with the author that it is much too early to put sovereignty to rest. On the contrary, we still very much need the sovereign State, but as a State whose sovereignty has undergone important changes. The real issue is not whether we need sovereignty or not, but rather how to induce the States to play their indispensable role as guarantors of the international legal order.


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Keywords: Sovereignty, morality, values, legitimacy, constitutionalisation, connection between human rights and sovereignty

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