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Chapter Summary

According to a widely shared view, sovereignty has two complementary and mutually dependent dimensions: within a state, a sovereign power makes law with the assertion that this law is supreme and ultimate, i.e. that its validity does not depend on the will of any other, or higher, authority. Since the UN was established in 1945 (History of the Foundation of the United Nations (UN)), the traditional notion of sovereignty has experienced profound modification and limitation. A more recent school of thought in international law understands the legal development of the international community since the foundation of the League of Nations as a process of constitutionalization. A sovereign state enjoys a principally unlimited international legal personality and capacity to perform international legal acts. This distinguishes it from other subjects of international law, in particular intergovernmental organizations, which have a limited legal personality defined by the respective founding treaty.

Keywords: constitutionalization; international law; League of Nations; sovereignty; United Nations (UN)



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