Reflection of States Sovereignty in the Framework of Several Collective Security Treaties

  • Victoria ARHILIUC Doctoral School of Law, Moldova State University, Republic of Moldova
  • Nicolae COȘLEȚ Doctoral School of Law, Moldova State University, Republic of Moldova

Abstract

Each state on the modern political map of the world has its own peculiarities that distinguish them from one another. However, all States have something in common, namely the constitutive elements that characterize not so much a particular State, but the "State" in the general sense, as a political-legal category. One of the fundamental elements of the State is sovereignty.

 

Thus, sovereignty in its two manifestations: supremacy and independence, represents the freedom of the State to decide exclusively, without any internal or external interference, on the content of all areas of political, economic, social and cultural life, as well as in the field of its international relations. This indicates both establishing and implementing its internal and foreign policy in conformity with its own accord. For this reason, sovereignty represents the superior nature of power to the extent that it does not admit the existence of a supranational authority.

 

However, the concept of sovereignty is not absolute. If the States considered obtaining a defensive wall against encroachments on their sovereignty in Article 2 (7) of the UN Charter, the interpretation, which was presented by the UN institutions (Security Council, General Assembly), demonstrated that this is not actually the case and that sovereignty is still relative.

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Consequently, analyzing some Collective Security Treaties, it can be noticed that States are still not independent in their actions from the moment of joining the Collective Security Organizations. The States abandon their sovereignty in favor of these Organizations, as a result of its membership. Organizations, in turn,  impose some restrictions on the actions of their Members, which are obliged to comply with them based on the free consent shown at the conclusion of the Collective Security Treaty.

Published
2023-06-14