السيادة بين ميثاق الأمم المتحدة والتطبيق العملي - دراسة في التنظيم الدولي بعد الحرب الباردة

Since the emergence of the national state in Europe in the seventeenth century, sovereignty is considered one of the most important basic elements in the modern state_ beside the importance of the public, territory, and government_ and an inseparable feature of the state's general authority on its territories and public. And since then, sovereignty became the purpose that all nations sought in their struggle to get their freedom and dependence, and the center of the conflict between the political powers to obsess the peremptory authority. Therefore, sovereignty is known to be a state's freedom of action inside its legal borders without being shared in its policy with another state. Therefore, sovereignty embodies a legal deterrent in front of any attempt of interference in the interior or foreign affairs of any state. But, as a result to the changes that the international political system has witnessed, and what has been followed from changes in the scales of the international powers like the collapse of the Soviet Union, the uni polar policy, and the inputs that have resulted from these policies, lead to many changes which are represented in the raising of human rights issues, and using democracy as a political slogan and weapon, in addition to arms reduction issues, globalization of economy and the technological development. All these facts lead the state to lose its political borders and as a result it loses its essence and prestige. Therefore, sovereignty is no more considered an absolute feature that is solely monopolized by governmental authorities of the state, instead of that the state becomes to have partners sharing it in its authority on its public, territories, and national policy, as a try to fulfill other countries aims and goals. A good example for that, the international organizations and the transnational corporations. The Study Hypothesis: This study is based on the hypothesis that can be summarized as: the international and political changes have led to many changes in the functions, features, and even the essence of sovereignty of the state, on contrast to what is basically laid down about sovereignty's restrictions and guarantees according to the charter of the United Nations. The Study Methodical ness: This study is based on the method of the systematic analysis that analyzes an analytical design assumption which is the system, and matching between the inputs, the outputs, and the feedback, till reaching to the main purpose of this study, but without forgetting or neglecting other methods. The Study Framework: The framework of this dissertation is divided as follows: Chapter one will study the historical and theoretical origins of sovereignty, its features, its internal and external aspects, sovereignty according to international law, and the limits of the national sovereignty. In addition to studying sovereignty on the levels of political ideas and doctrines, and the historical development of sovereignty. Chapter two studies sovereignty according to the charter of the United Nations through studying the equality in sovereignty, the privileges of the great nations in the Security Council, and the sovereignty's restrictions and guarantees accordingly. Chapter three talks about the changes that the international political system has witnessed, the reflections of these changes on the role of the United Nations, and the essence of sovereignty and its features. As to Chapter four, it covers a study of illustrations of interference in the interior affairs to some states under the cover of the United Nations. It studies three illustrations which are: the interference for human purposes, fighting terrorism, and arms reduction by using force, with other practical examples on each case. Lastly, the conclusion which is a general result and a future revelation on sovereignty.