Antonov, I.P., Seliverstov, M.V. Formation and development of the theory of state sovereignty in the works of Germany scientists in XVII – XIX centuries

Abstract: The processes of development of the state as a main subject of international public law is inseparably connected to the evolution of sovereignty theory. This article studies the key provisions of the sovereignty theory in accordance with the teachings on state based upon analysis of the scientific works of German scientists of XVII – XIX centuries. The authors follow the connection between the types of state and their classification and the forms of limitations to sovereignty. As for the theory of state sovereignty, the authors note that sovereignty as one of the characteristic features of the state is variable in its form, since it is connected with the legal capacity of the state. But since under the general theory of law only the rights may be divided, and not the legal capacity itself, the idea of invisible sovereignty becomes obvious. Therefore, depending on the goals of the state in the spheres of its domestic and foreign policy, the types of sovereignty change, and the sovereignty itself remains an inalienable characteristic feature of a state. From the practical standpoint the lack of balance between legal and political elements of sovereignty in the foreign relations often depends on inner factors and outer influences from the other subjects of international law.

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