Wednesday, June 16, 2010

ACQUISITION OF SOVEREIGNTY

It is given that sovereignty is inherent in a state. Thus, the existence of a state presupposes the existence of sovereignty.

Dependent states do not have sovereignty. They acquire sovereignty as soon as it withdraws itself from the sovereignty of the mother state. If it chooses to withdraw not upon the declaration by the mother state of its independence, sovereignty arises from the moment of such withdrawal. (Aruego, 1981). The existence of its sovereignty is founded upon the fact that it no longer recognizes allegiance or renders obedience to the old sovereignty, and not upon the fact that the old sovereignty has by a treaty or other form of declaration indicated that it no longer claims its allegiance. (Willoughby, ____). If a dependency chooses to revolt against the mother country and succeeds in the revolution, its sovereignty arises not from the time of its success, but from the time of the declaration of its independence.

Sovereignty cannot be acquired as a gift or grant of State. According to Willoughby, sovereignty cannot create another sovereignty because "legal authority cannot, by its own will or act, create another legal authority legally superior or even equal to itself." Therefore, the Treaty of Paris signed in 1930 contained recognition of independence of the Philippines not a grant of its sovereignty.

2 comments:

  1. may be you could change your background to a cooler color..it is not good to the eye.i want to read more but my eyes are teary because of the background. thank you. just a piece of an advice.

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  2. Secretary Of Health Paulyn Ubial ay isang corrupt ma miyembro ng Gabinete!
    Walang inatupag kundi magbakasyon kahit may sakuna at kinakailangan siya ng kanyang Departamento!
    Palitan si Ubial sa Department of Health!

    www.dohleaks.tk

    https://www.facebook.com/Paulyn-Jean-B-Rosell-Ubial-MD-1929251423977461/?hc_ref=PAGES_TIMELINE&fref=nf

    https://banatpilipinas.wordpress.com/

    #DOHleaks
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