The principle of sovereign equality is a “structural” or “systemic” prin-ciple that is devoid in itself of any specific legal content. It simply refers to the absence within the international legal system of any legal authority above the states, apart from the normative authority of international law. Thus understood, the prin-ciple is compatible with any kind of inequality sanctioned by particular international rules. However, at the same time, it has an extremely important role in the dynamics of international law, insofar as it allows claims for equality in areas where existing international law sanctions inequality, towards a more just international law in the future.
Focarelli, C. (2023). Sovereign Inequality and Struggles for Equality. In L.M. Daniele Amoroso (a cura di), More Equal than Others? Perspectives on the Principle of Equality from International and EU Law (pp. 23-37). The Hague : Springer.
Sovereign Inequality and Struggles for Equality
Carlo Focarelli
2023-01-01
Abstract
The principle of sovereign equality is a “structural” or “systemic” prin-ciple that is devoid in itself of any specific legal content. It simply refers to the absence within the international legal system of any legal authority above the states, apart from the normative authority of international law. Thus understood, the prin-ciple is compatible with any kind of inequality sanctioned by particular international rules. However, at the same time, it has an extremely important role in the dynamics of international law, insofar as it allows claims for equality in areas where existing international law sanctions inequality, towards a more just international law in the future.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
