n Comparative and International Law Journal of Southern Africa - Sovereignty and the changing nature of public international law : towards a world law?

Abstract

The integration between the legal systems of different states has led to a shift towards the perspective that international law essentially constitutes cooperation and interdependence between states. In this contribution the changing nature of public international law is discussed against the background of globalisation, global governance, and international constitutionalism. As a result of the changing nature of public international law, state sovereignty is increasingly limited in the interests of the broader international community. The possible development of a world law is directly linked to the limitation of the sovereignty of states. This may simultaneously happen in two ways : on the one hand states may deliberately consent to rules that limit their sovereignty by concluding treaties on wide range of subjects. On the other hand, such rules develop irrespective of the consent of states, mainly through jus cogens norms and obligations erga omnes. Depending on the extent to which these rules place limitations on the sovereignty of states, they may or may not be viewed as part of an emerging world law.