Concept of Sovereignty in the Conditions of Global and Information Communication Processes

Abstract

The main emphasis of this article will be on the concept of state sovereignty in the conditions of globalization processes and development of information and communication space. The paper presents the polarization of scientific approaches regarding the impact of globalization and information processes on the concept of state sovereignty, questions about divisibility and restrictions of state sovereignty. The article criticized the postpositivist concept of sovereignty, which comes from the fact that the sovereignty ceases to be an essential feature of the nation-state in the context of globalization and information processes, integration of states and their legal systems. The article also investigates the concept, justifying the need to review the concept of sovereignty and its limitations in the modern world. The connectivity of states in political, economic, social and other areas have an impact not on the very sovereignty as a principle of international law but on the implementation of the sovereign rights of States. There is no practical and theoretical necessity to divide sovereignty in different categories: economic, political, tax, network, digital, etc., taking into account the integrity of the concept of state sovereignty. It should be added in this connection that there is no sense to categorize the sovereignty on many areas of its implementation as it is impossible to present a full picture of all areas where the sovereignty may be realized. One more point to be made here is the development of information and computer and telecommunications technologies, have an impact on the legal forms of realization of the state power. These factors have an impact on the realization of the sovereign rights of States which are implemented through a set of power — political power, jurisdiction. In this regard, the jurisdiction of the state and territory are challenges faced by States in order to determine its jurisdiction with regard to network segments.