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Title Page
ABSTRACT
Contents
Part I. Introduction 12
Part II. The history of the concept of sovereignty 13
2.1. The necessary of a historical perspective 13
2.2. Concept of sovereignty at different time 14
2.2.1. The theory before the nineteenth century 15
2.2.2. The theory after the nineteenth century 21
Part III. The concept of sovereignty under the age of globalization 25
3.1. Identification of globalization 25
3.2. definition of Globalization 26
3.3. Impact of globalization to the concept of sovereignty 27
3.3.1. External impact 27
3.3.2. Internal impact 31
Part IV. Concept of Sovereignty 34
4.1. Definition of sovereignty 34
4.2. The form of sovereignty 36
4.3. Result of theory of sovereignty in the international law 39
4.3.1. Principle of sovereign equality 40
4.3.2. Principle of non-intervention 42
Part V. Study on the European Union 43
5.1. Introduction 43
5.1.1. Representativeness of the European Union 43
5.1.2. Historical background 44
5.2. The European Union and sovereignty 46
5.2.1. The legal nature of the EU 46
5.2.2. Decision-making Institutions of the European Union(내용없음) 10
5.3. legal system of the EU 48
5.3.1. The sources of the EU law 48
5.3.2. the Court of Justice of the European Union 52
5.4. Change of sovereignty theory in the European Union 57
5.4.1. Characteristic of the EU 57
5.4.2. Analyze the principle of EU law 59
5.5. Meaning of the EU about sovereignty 65
Part VI. A lesson from the European Union 66
6.1. Superiority of the European Union 66
6.2. The European Union and East Asia 68
6.2.1. Historic aspect 69
6.2.2. Economic aspect 71
6.2.3. Legal aspect 72
6.3. The lesson from the EU 74
Part VII. Conclusion 74
References 79
초록보기 더보기
Sovereignty is a very important and basic concept in the international law. Modern international law system was established upon defined of the concept of sovereignty. Base on the definition and scope of sovereignty, people know what's the right and obligation of state. Actually there are different understanding about sovereignty. There are so many different theories about concept of sovereignty in history. On the other hand, we can see importance of the concept of sovereignty to the international law. So it is meaningful to discuss evolution of the concept of sovereignty. From studying evolution of sovereignty, we can really understand why it could arise and develope, what is its function, why people need it. From a historic perspective, I make a clear time line about sovereignty, and try to find reason of it. And from studying, I try to give a proposal to future about how sovereignty will go, what we should about this part. Then I make the EU as a example to specified explain how sovereignty change. Later on through compared with East Asian, it will give some suggestion to how to develope regional cooperation in the East Asian.
This thesis will divide into seven parts, there are totally seven chapters. The first chapter is introduction. It is a very brief introduce my idea about sovereignty and what the thesis will talk about. The second part is history of the concept of sovereignty. In this part, I explain why we should study from a historic aspect, what can we learn from history of sovereignty. Through different scholars' theories at different time, we can have a general idea about development of sovereignty.
In the third chapter, it will focus on sovereignty under the age of globalization. Now we are living at the global age. It is very different with traditional society. The society is more effective, and there are more communications between different countries. So it is necessary to talk about globalization. What's impact of globalization to the concept of sovereignty from external and internal aspect. This is what we talk in this part.
In the fourth chapter, it concerns on definition of sovereignty. Through above study, we know evolution of sovereignty. Following we talk about definition nowadays. Through analysis, we should know forms of sovereignty. And there are some principles related with concept of sovereignty in the international law. In this part, we get exact definition of sovereignty.
In the fifth and sixth chapter, it concerns the European Union. The EU is a very successful regional organization in the world. It is a very good example to study how to deal with relationship between territory sovereignty and international organization. The EU as a supranational organization, has prior right in some part related with sovereignty, but in traditional society it only belong to state. The EU dealt this problem very successfully. Through established legal system, it has stable power to deal with this kind of problems. So this two parts, we focus on the EU. It will study its history, construction, legal system and so on, then we can have a fully understanding about the EU. Through analysis, it will give a clear idea to other regions to how to deal with same problems. In the sixth chapter, it focus what East Asian state can learn from the EU. In this part, through comparing different culture, history background and legal system, finally it will give reasons why there are differences in the two regions, and what we should do. Then it will go to conclusion.
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