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Criticism on National Sovereignty Theory

Author: LiWeiDong
Tutor: ZhaoYaJuan
School: South China University of Technology
Course: Legal
Keywords: State sovereignty Outer Mongolia Chinese civilization National state Civilized state
CLC: D992
Type: Master's thesis
Year: 2011
Downloads: 44
Quote: 0
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Abstract


By the research and comb of the traditional western state sovereignty theory, the article criticizes the current national sovereignty theory and practice under the framework of international law system and points out in fact there is no such an international law existing above the (western countries) national sovereignty. The practice of international law is nothing but a declare of one country or multinational (western countries) sovereignty in other countries. The state sovereignty is the past politics and the politics is now of national sovereignty thus it is unrealistic to pursue harmony and equality in the international society. Lenin once said, capital is a kind of international forces. The imbalance of economy and politics is the absolute rule of capitalism. Once the world is ruled by the capital force represented by the western countries, there is no international harmony in its real meaning. Checks and balances only exist within the western world and it bears no universality.The series of international law and rules around the state sovereignty established by the western countries, not only restricts the mightiness and development of China, but also is a serious threat to the national security of China. Under the current framework of international law, it is quite difficult for China to make a breakout hence a proposal of "seeking common ground while reserving differences" is proposed. However, the dispute of state sovereignty shall never be put aside. With the increasing revival of China, the problem of state sovereignty must have a final resolution. No matter what method China adapts to solve the country’s sovereignty dispute, and how to break the international law constraints in the western context in order to provide the theoretical instruction and legal support to solve the future international dispute of China, it must be a key proposition which shall never be neglected.With the combination of the tradition of history, politics, culture and law of Chinese civilization, the articles tries to put forward with a new state sovereignty concept which complies with the future developing interests of China on the basis of criticism of western state sovereignty, therefore lays a foundation for recombining the future international law system and constructing international relations in the new international context.The establishment of international law not only needs the theoretical breakthrough but also needs some "practice". Under the guideline of new state sovereignty concept, the article sets a precedent for new international law concept with the example of looking into the related problem of independence of outer Mongolia on international law by taking an empirical analysis of the direction of declaring China’s future sovereignty to the surrounding areas.

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