Lassa Oppenheim authority on international law Sovereignty comes in diferent flavours;sovereignty (countable and uncountable, plural sovereignties)
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It's only in recent history that the 3rd 'flavour' seems to have disapered...
rights that cannot be repealed or restrained by human laws;
rights derived from the Great Legislator of the universe."
John Adams
American Founding Father, lawyer, statesman, diplomat and political theorist
Just the fact that you 'are' gives you certain rights. The right to be somewhere, live in a 'country'and have shelter. The right to stay alive, to eat what you find fit and to work in order to provide for yourself and others who depend on you. How come most nation states have the right to interfere with these?
President Theodore Roosevelt, April 26, 1907
“ We of this mighty western Republic have to grapple with the dangers that spring from popular self-government tried on a scale incomparably vaster than ever before in the history of mankind, and from an abounding material prosperity greater also than anything which the world has hitherto seen.
As regards the first set of dangers, it behooves us to remember that men can never escape being governed. Either they must govern themselves or they must submit to being governed by others. If from lawlessness or fickleness, from folly or self-indulgence, they refuse to govern themselves then most assuredly in the end they will have to be governed from the outside.
They can prevent the need of government from without only by showing they possess the power of government from within.
A sovereign cannot make excuses for his failures; a sovereign must accept the responsibility for the exercise of power that inheres in him; and where, as is true in our Republic, the people are sovereign, then the people must show a sober understanding and a sane and steadfast purpose if they are to preserve that orderly liberty upon which as a foundation every republic must rest.”
As regards the first set of dangers, it behooves us to remember that men can never escape being governed. Either they must govern themselves or they must submit to being governed by others. If from lawlessness or fickleness, from folly or self-indulgence, they refuse to govern themselves then most assuredly in the end they will have to be governed from the outside.
They can prevent the need of government from without only by showing they possess the power of government from within.
A sovereign cannot make excuses for his failures; a sovereign must accept the responsibility for the exercise of power that inheres in him; and where, as is true in our Republic, the people are sovereign, then the people must show a sober understanding and a sane and steadfast purpose if they are to preserve that orderly liberty upon which as a foundation every republic must rest.”
Regarding the statement: " They can prevent the need of government from without only by showing they possess the power of government from within", where or how in modern society do people get the chance to show they can govern themselves?
A Maxim of Law
“Derivativa potestas non potest esse major primitive.
"The power which is derived cannot be greater than that from which it is derived.”
Bouvier’s Law Dictionary Unabridged, 8th Edition, pg. 2131
Regarding the disaperence of the 3rd 'flavour', we can ask the question;
Does a Sovereign entity has to be a Country or State?
Let's look at this for example:
The Sovereign Military Order of Malta
"The Sovereign Military Order of Malta is a sovereign entity according to international law, but is actually used as a classic example of an entity which is sovereign (like a country) but is not a country. It does not have a territory, and therefore, it does not live up to the requisites of a country. A sovereign entity does not have to be a country. SMOM is an example of this. For sovereignty, it is generally considered that the entity should be recognized as such by other sovereign entities."
Literature on the subject: R.M.M. Wallace: "International Law", Sweet & Maxwell, 2nd edition, London 1992, page 76.
"Professor Rebecca Wallace —writing recently in her book International Law—explained that a sovereign entity does not have to be a country, and that the Sovereign Military Order of Malta is an example of this. This position appears to be supported by the number of nations extending diplomatic relations to the Order – the Sovereign Military Order of Malta has formal diplomatic relations with 104 states and has official relations with another six countries, non-state subjects of international law like the European Community and International Committee of the Red Cross, and a number of international organizations."
"Wengler—a German professor of international law—addresses the sovereign status in his book Völkerrecht, and rejects the notion that recognition of the Order by some states can make it a subject of international law. "
Literature on the subject: R.M.M. Wallace: "International Law", Sweet & Maxwell, 2nd edition, London 1992, page 76.
"Professor Rebecca Wallace —writing recently in her book International Law—explained that a sovereign entity does not have to be a country, and that the Sovereign Military Order of Malta is an example of this. This position appears to be supported by the number of nations extending diplomatic relations to the Order – the Sovereign Military Order of Malta has formal diplomatic relations with 104 states and has official relations with another six countries, non-state subjects of international law like the European Community and International Committee of the Red Cross, and a number of international organizations."
"Wengler—a German professor of international law—addresses the sovereign status in his book Völkerrecht, and rejects the notion that recognition of the Order by some states can make it a subject of international law. "
"In the end, more than they wanted freedom, they wanted
security. They wanted a comfortable life, and they lost it
all — security, comfort and freedom."
"When the Athenians finally wanted not to give to society but for society to give to them, when the freedom they wished for most was freedom from responsibility, then Athens ceased to be free and was never free again."
Edward Gibbon (1737—1794) English historian.
"Epitaph for the People of Ancient Athens", attributed
"When the Athenians finally wanted not to give to society but for society to give to them, when the freedom they wished for most was freedom from responsibility, then Athens ceased to be free and was never free again."
"Epitaph for the People of Ancient Athens", attributed