The Concept of State Sovereignty in the Context of the Modern International Law System: The Influence of Kelsen’s Thinking
The Concept of State Sovereignty in the Context of the Modern International Law System: The Influence of Kelsen’s Thinking

Summary/Abstract: State sovereignty is one of the most important institutes in the field of state and international (public) law. Often problematic, the concept of state sovereignty is a conditio sine qua non for any serious scientific discussion on the role of the state as the primary subject of international law. The aim of this paper is to try to explain the essence and most important determinants of the concept of state sovereignty in relation to the system of international law, primarily through the analysis of the thinking of Hans Kelsen as one of the most credible legal theorists and experts in the field of international law. In this paper, the author problematizes the role of external sovereignty,and especially points to the importance of the principle of sovereign equality of states as one of the key principles on which the modern system of international law is based. In this context, the author also presents and briefly analyzes the fundamental characteristics of the system of international law in the period that began with the end of World War II and the formation of the United Nations in 1945 and continues to this day, with the primary goal of recognizing the most important aspects of the protection of state sovereignty within the framework of the United Nations. As a result of the analysis of Kelsen’s thinking and other relevant facts, the author comes to the conclusion that Kelsen’s ideas greatly influenced the understanding of the concept of state sovereignty, which over time experienced a significant transformation, especially in the period after the formation of the United Nations until today. In the end, the author concludes that contemporary international relations also significantly influenced the change in the understanding of the concept of state sovereignty in the 21st century.

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