Galushko D.V. International Integration Organizations and the Sovereignty of Member States

DOI: https://doi.org/10.15688/lc.jvolsu.2021.1.21

Dmitry V. Galushko, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Legal Regulation of Economic Operations, Financial University under the Government of the Russian Federation, Leningradskiy Prosp., 49, 125993 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-9301-9565

Introduction: the paper analyzes the characteristics which are typical for the international integration organizations, generalized both at the doctrinal and normative levels, touches on the phenomenon of supranationality as a modern legal reality of international integration, and considers the basis for the transfer of sovereign powers by states, as the only bearers of sovereignty, to the international integration organizations. The purpose of the research is to study and analyze some aspects of the interaction between the international integration organizations and member states in the context of the supranational characteristics of such organizations. Methods: as part of the study, both the general scientific methods of cognition and the private legal methods (formal-legal, comparativelegal) were used. Results: the paper proves that the international integration organizations are a new reality of the modern system of international relations and international law. The author has established that such organizations have a number of characteristic features that distinguish them from the classical international intergovernmental organizations. As one of these main features, the author analyzes the phenomenon of supranationality, which is largely due to the voluntary transfer of their sovereign powers by the member states in favor of the integration associations. Conclusions: in contrast to the participation of states in the international organizations, the membership in the integration associations leads to the restriction of their sovereign rights by states, some of which are transferred to such an association. At the same time, such a transfer cannot be interpreted as their loss or the loss of their sovereign identity, because it’s the state who is the bearer of sovereignty. We are talking about the voluntary transfer of certain sovereign powers that can be revoked at any time, which can be seen in the example of the process of Britain’s exit from the European Union – Brexit.

Key words: integration, international organizations, membership in international organizations, European Union, sovereignty, delegation, Brexit.

Citation. Galushko D.V. International Integration Organizations and the Sovereignty of Member States. Legal Concept = Pravovaya paradigma, 2021, vol. 20, no. 1, pp. 137-143. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2021.1.21

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