Jump to ContentJump to Main Navigation
SovereigntyA Contribution to the Theory of Public and International Law$
Users without a subscription are not able to see the full content.

Hermann Heller and David Dyzenhaus

Print publication date: 2019

Print ISBN-13: 9780198810544

Published to Oxford Scholarship Online: May 2019

DOI: 10.1093/oso/9780198810544.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 04 December 2020

The Claim of Sovereignty in International Law and against International Law

The Claim of Sovereignty in International Law and against International Law

Chapter:
(p.168) VIII The Claim of Sovereignty in International Law and against International Law
Source:
Sovereignty
Author(s):

Hermann Heller

, David Dyzenhaus
Publisher:
Oxford University Press
DOI:10.1093/oso/9780198810544.003.0010

This chapter considers the attempt of contemporary international law doctrine to minimize the concept of sovereignty. The attempt is made to draw its fangs by construing the nature of sovereignty as a kind of modest, legally normed capacity to act, as authority under international law, or as a discretionary sphere granted by international law. However, this operation can never succeed using the tools of international law, because international law is only possible as long as there are at least two absolutely independent territorial decision-making units. The sovereignty problem has become more complicated for members of the League of Nations and its Permanent International Court in The Hague. The principles of a treaty order free of domination on which these institutions rest have not fundamentally changed; voluntariness and unanimity are preserved under these principles.

Keywords:   sovereignty, international law, territorial decision-making units, League of Nations, The Hague

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .