Journal article Open Access

The Problem of Limitation of Sovereignty of the Member States of International Organizations

M. Maciąg-Świontek

The concept of sovereignty is not defined by international law. It does not stand alone in the United Nations Charter but as sovereign equality. This is reflected in the principle of sovereign equality proclaimed by the Charter. In legal terms, all countries are equal and in this sense sovereign. This approach distinguishes the legal concept of sovereignty from political or economic concepts which refer to the realities of the balance of power. In international law, sovereignty is synonymous with international and legal subjectivity. The subjects of international law are sovereign states primarily. States have the ability to be the subject of international law and obligations through the independent execution of state competences. Sovereignty also means the transfer of own powers to international organizations resulting from our own will. Sovereignty cannot justify violations of international law by states. However, states sometimes try to invoke their sovereignty to justify violations of international law. In the international aspect, the restriction of the freedom decision of the states results from: the subordination of states to generally recognized principles of international law, from the provisions of international agreements to which a given country is a party, from the resolutions of international organizations to which a given country belongs, if in the light of the organization's statutes they are law-making. There is no doubt that the concept of sovereignty is an important subject of research in the humanities and social sciences.

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