INTRODUCTION There is an undeniable fact that there has been a rise in globalization.
Ulpian was expressing the idea that the Emperor exercised a rather absolute form of sovereignty, that originated in the people, although he did not use the term expressly.
Ulpian's statements were known in medieval Europe, but sovereignty was an important concept in medieval times.
We desire most from men, From men both lund and poor, To have sovereignty without lies. Sovereignty reemerged as a concept in the late 16th century, a time when civil wars had created a craving for stronger central authority, when monarchs had begun to gather power onto their own hands at the expense of the nobility, and the modern nation state was emerging.
For where we have sovereignty, all is ours, Though a knight be ever so fierce, And ever win mastery. Jean Bodin, partly in reaction to the chaos of the French wars of religion, presented theories of sovereignty calling for strong central authority in the form of absolute monarchy.
This main goal of this paper is to take a critical look on the relationship between globalization and state sovereignty.
With the discussion of globalization, it is important that we see how sovereignty is defined in the sovereignty realm.While sovereignty has many varying definitions, it is safe to say that sovereignty in the international realm takes on the Westphalian definition of sovereignty, which is a state that has no external interferences on its internal affairs (Krasner 4).Sovereignty is the full right and power of a governing body over itself, without any interference from outside sources or bodies.De jure sovereignty refers to the legal right to do so; de facto sovereignty the ability in fact to do so (which becomes of special concern upon the failure of the usual expectation that de jure and de facto sovereignty exist at the place and time of concern, and rest in the same organization) One can also refer to a monarch who reigns over a sovereign realm as a sovereign.Its definition, concept, and application has changed throughout, especially during the Age of Enlightenment.He emphasized that a sovereign is bound to observe certain basic rules derived from the divine law, the law of nature or reason, and the law that is common to all nations (jus gentium), as well as the fundamental laws of the state that determine who is the sovereign, who succeeds to sovereignty, and what limits the sovereign power.Thus, Bodin’s sovereign was restricted by the constitutional law of the state and by the higher law that was considered as binding upon every human being.Sovereignty is more than anything else a matter of legitimacy [...that] requires reciprocal recognition.Sovereignty is a hypothetical trade, in which two potentially conflicting sides, respecting de facto realities of power, exchange such recognitions as their least costly strategy.With all that is going on, one would question how globalization has changed the system that is typically a collection of sovereign states. What gives a state the right to rule a geographically defined region?It is believed by many that due to the Domestic sovereignty is based on the effectiveness of the legitimate authority within restrictions of their policies and the extent to which that authority can be effectively exercised.