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DOI: https://doi.org/10.34069/AI/2023.62.02.17
How to Cite:
Pasechnyk, O. (2023). Suprastatehood and supranationality in the prism of modern international law. Amazonia Investiga, 12(62),
182-188. https://doi.org/10.34069/AI/2023.62.02.17
Suprastatehood and supranationality in the prism of modern
international law
Наддержавність та наднаціональність у призмі сучасного міжнародного права
Received: February 18, 2023 Accepted: March 29, 2023
Written by:
Olena Pasechnyk1
https://orcid.org/0000-0002-2032-1851
Abstract
Suprastatehood and supranationality is a legal
quality of an international organization that
allows it, following the procedure approved by
the member states, to make binding decisions,
including without the direct consent of an
individual state. In modern international law, the
role of suprastatehood and supranationality has
changed. Therefore, taking into account the
dynamics of development and the rapidity of
change, it is necessary to analyze the place of
suprastatehood and supranationality in the prism
of modern international law. The purpose of the
work is to examine the peculiarities of the
influence of supranational institutions on
international relations and international law. The
methodological basis of this study is such
methods as a method of formal-logical analysis,
historical method, comparative method, and
functional method. As a result of the conducted
research, the peculiarities of the manifestation of
suprastatehood and supranationality in the prism
of modern international law were analyzed.
Definitions of the terms "suprastatehood",
"supranationality", "supranational Union" are
provided. The peculiarities of the contractual
regulation of relations between states and the
impact of such regulation on the international
legal order and international law are remarked
on. It is finalized that the presence of
supranational and supranational institutions is a
characteristic feature of modern international
relations.
Keywords: supranationality, supranationality,
international law, European Union, integration.
1
Ph.D., Associate Professor of the department of international and European law of the National University "Odesa Law Academy"
(Ukraine).
Pasechnyk, O. / Volume 12 - Issue 62: 182-188 / February, 2023
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Introduction
The issues of suprastatehood and
supranationality in international law are quite
controversial. On the one hand, this is due to the
lack of definition at the international level about
the content of superpower. On the other hand,
supranationalism and supranationalism without
normative consolidation are often found in the
activities of international organizations,
including the European Union, the North
American Union, and others.
The problem arises of the relationship between
supranationality and the sovereignty of member
states of international entities (organizations,
associations, etc.). In particular, there is a duality
of positions regarding whether the presence of
supranational elements in the structure of a
certain international organization leads (does
not) to limiting the sovereignty of its member
states.
There are positions that even when a
supranational organization qualifies as a
confederal union of states that acts in the
international arena not only on its behalf but also
on behalf of its members, the latter do not lose
their sovereignty, because they simply transfer
part of their powers to a jointly created to the
union Although there are positions on the
limitation of the sovereignty of such states.
Several scholars arguing the existence of mutual
obligations towards other member states, the
existence of a common policy, and other factors,
believe that being a member of a suprastatehood
association, the "effectiveness" of the state is
limited.
Given the above, the question of the study of
suprastatehood and supranationality in the
context of modern conditions of international law
is extremely relevant and requires research.
The article analyzes the peculiarities of the
doctrinal consolidation of the concepts of
suprastatehood, supranationality, "supranational
Union" and others. The peculiarities of the
functioning of such supranational and
supranational entities as the Council of Europe,
the European Union, and the North American
Union have been studied in detail. Modern trends
in international law and the activities of
supranational and supranational entities as an
integral part of international relations are noted.
Theoretical Framework or Literature Review
During the study of the phenomenon of
suprastatehood and supranationality in the
context of modern international law, the research
of such scientists as Baimuratov, Vegera,
Vyshnyakov, Voytenko, Vodyannikov,
Zadorozhna, Yefimenko, Maletych, Matveeva,
Moiseev, Skorokhod, Khomenko, Shperun,
Yakovyuk, Kiljunen, Rosenau, Amerasinghe
was analyzed.
Thus, Baimuratov (2022) analyzed the
peculiarities of the constitutionalization of
international public law and the
internationalization of the constitutional legal
order of states in the context of the strategic
formula of legal globalization. The author noted
that the formation and development of the
architecture of modern international public law,
its institutional and structural system, are usually
related to its branch structure, however, today, in
the formation of new branches, an important role
is played by the fundamental strategic-
paradigmatic and functional-status tendency,
which actually transformed into the
corresponding formula of a new form of
globalization - legal, which has the following
nomenology – constitutionalization of
international public law and internationalization
of the constitutional legal order of states.
Moreover, Vegera (2018) considered some
aspects of the relationship between the
supranationality of the EU and the sovereignty of
the member states. The author concluded that the
presence of manifestations of supranationalism
in the essence of the European Union does not
harm state sovereignty, although it somewhat
limits it. Such restriction is carried out only with
the consent of the states and within the limits
established by them, which are determined by the
norms of Union law and recognized by the
national legislation of the EU member states. In
general, it was concluded that supranationality
and state sovereignty are mutually determined,
and their interconnection is a necessary feature of
an integration association.
Further, Vyshnyakov (2014) studied
supranationality as a legal phenomenon in his
work. The researcher concluded the
interconnectedness and interdependence of
supranational and national law.
Additionally, Voytenko (2009) examined
supranational institutions of the European Union.
Vodyannikov (2001) also explored
supranationality in European Union law in detail.
Thus, the author investigated the phenomenon of
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supranationality, which arises as a result of the
activities of intergovernmental organizations and
the transfer of part of their sovereign powers to
them by their member states. It is substantiated
that by acquiring membership in a certain
international organization, states do not lose their
sovereignty, because they continue to act in the
international arena as independent subjects of
international relations, the theoretical approaches
of domestic and Western schools of international
law are given, based on which it is determined
that modern science offers separate concepts of
supranationality, without, however, creating a
single universally recognized theory. It is
concluded that, by joining an international
organization with supranational elements of
regulation, states exercise their sovereign rights
and international legal personality, and do not
lose them.
Modern principles of international law in the
hierarchy of norms of international,
supranational, and national law are analyzed in
the work of Zadorozhna (2019). Features of the
application of the principle of subsidiarity as a
balance of the interaction of institutions were
studied by Yefimenko (2022). The author
emphasizes the importance of understanding the
fundamental ideas and concepts that form the
basis of modern principles of administrative law,
their genesis, and influence on the processes of
state formation, and the issue of the distribution
of competencies in the hierarchy of subjects of
different levels (in this case, the principle of
subsidiarity), which, in their in turn, actively
influence mutual relations in society, and as a
result, further development and potential
improvement of their interaction.
The question of the ratio of supranational and
national administrative proceedings in the
countries of the European Union and Ukraine
was analyzed in the study of Maletych (2022).
What is more, Matveeva (2022) examined
current transformational processes in
international private law.
The transformation of the superpower of the
European Union after the entry into force of the
Treaty of Lisbon was analyzed by Moiseev
(2012). The author concluded that the basis of the
existence of a suprastatehood is the institutional
mechanism of international organizations. At the
same time, suprastatehood can manifest itself at
various stages of the activity of an international
organization, regardless of the indication of this
quality in its statutory documents. The essence of
the phenomenon of suprastatehood lies precisely
in the ability and opportunity of almost any
international organization to make decisions that
are binding on member states.
Problematic issues related to ensuring the right to
sovereignty in the law of the European Union
were analyzed by Skorokhod (2012).
It should be remarked that Khomenko (2004)
studied certain issues regarding international
legal cooperation within the framework of the
North American Free Trade Agreement.
Furthermore, Shperun (2012) investigated in
detail the question of the supranational status of
the International Monetary Fund. Finally,
Yakovyuk (2008) researched the European
Union through the lens of an international
organization.
Modern conceptual approaches to the law of the
European Union are analyzed in the work of
Yavorska (2012).
Separate issues regarding the institutional
principles of the European Union and other
suprastatehood and supranational entities are
explored in the works of Kiljunen (2004),
Rosenau (1998), and Amerasinghe (1996).
Methodology
During the study of the phenomena of
suprastatehood and supranationality through the
prism of modern international law, the method of
formal-logical analysis was used. This method
helped to research and study the norms regulated
in the framework of international legal relations
and regarding the activities of international
organizations and their place in the states. In
particular, the formal-logical method as a means
of mental activity of people made it possible to
better understand and investigate the objects of
this research. Therefore, the formal-logical
method plays a vital role in scientific activity and
scientific knowledge and helps to solve specific
theoretical and practical problems in the field of
international law and to acquire new knowledge
in the process of cognitive conditioning.
The application of the historical method helped
to study the norms governing the activities of
international and supranational unions in the
process of their formation and development. At
the same time, it is worth noting that the
historical method was used in the study as a
method of studying the development of social
phenomena from their inception to their
termination, as well as their current state (due to
the sequential disclosure of the properties,
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functions, and changes of the reality under
investigation in the course of its historical
movement). At the same time, the historical
method was used together with the comparative
method to compare supranational and
supranational formations in space and time and
identify similarities and differences between
them. Also, the interaction of historical and
typological methods was used to identify
common features in spatial groups of historical
events and phenomena or to identify
homogeneous stages in their continuous-time
development. The application of the tools of
historical and systemic methods provided an in-
depth analysis of socio-historical systems,
revealing the internal mechanisms of their
functioning and development.
The comparative research method is of great
importance for the conducted research. With the
help of this method, the general and special were
identified, and the norms of the EU legal system
itself, as well as the norms of member states,
other socio-political systems, and international
organizations, were compared. The
methodological toolkit of comparative analysis
of supranational and supranational politics is
based on the principles of similarities and
differences, deductive theoretical models of
organizations, and inductive methods of their
verification with the help of diachronic-historical
and synchronous-functional methods of data
collection. In addition, the work compares the
impact of regulatory and legal regulation of
various supranational institutions and their
peculiarities of activity and development due to
the cause-and-effect relationship of legal
consolidation of provisions on activity and their
implementation in practice (EU, MERCOSUR,
NAFTA, etc.). Also, the basis of the comparison
is the agreements that regulate the activities of
these organizations and their influence on the
legislation of individual participating countries.
The functional research method played an
equally important role. When using this method,
the functions of individual power bodies of
individual Communities, the European Union,
and other supranational and supranational
institutions as a whole were studied and
analyzed. The extraction of such an approach
through the prism of the functional
characteristics of various organs, and their real
activity, helped to understand not only the formal
place of the latter in the system of organs but also
the actual situation, actually performed
functions, and opportunities for further
development and transformation.
Results and Discussion
Supranationality and suprastatehood are legal
qualities of an international organization that
allows it, following the procedure approved by
the member states, to make binding decisions,
including without the direct consent of an
individual state.
suprastatehood arises at the stage of
implementation of the goals and objectives of the
international organization established in the
founding treaty or other international treaties of
the organization.
Sovereign member states enshrine in their
legislation provisions the possibility of assigning
state rights to an international organization.
Supranational Union (English supranational
union) is a type of multinational political union
where the agreed powers of the governments of
the member states are delegated. The concept of
supranational association is sometimes used to
describe the European Union (EU) as a new type
of political organization (Vodyannikov, 2001).
The European Union is the only organization that
provides international elections beyond the level
of political integration usually provided by
international agreement (Kiljunen, 2004).
The term "supranational" is sometimes used in a
loose, vague sense in other contexts, sometimes
as a substitute for the term international,
transnational, or global. Another method of
decision-making in international organizations is
intergovernmentalism, in which state authorities
play a more prominent role.
Examples of such suprastatehood and
supranational entities are the Council of Europe,
the EU, the North American Union, and others.
The Council of Europe is the leading human
rights organization on the continent. It includes
46 member states, including all members of the
European Union. All member states of the
Council of Europe have signed the European
Convention on Human Rights, a treaty aimed at
protecting human rights, democracy, and the rule
of law (Council of Europe, 2023).
The Council of Europe helps member states in
the fight against corruption and terrorism, as well
as in the implementation of necessary judicial
reforms. A group of constitutional law experts
known as the Venice Commission offers legal
advice to countries around the world.
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The Council of Europe protects human rights
under international conventions such as the
Convention on Preventing and Combating
Violence against Women and Domestic Violence
and the Convention on Cybercrime. The
organization monitors the progress of member
states in these areas and makes recommendations
through independent monitoring bodies.
The European Union, sometimes also the
European Union (German – Europäische Union;
French – Union européenne; abbreviated: EU) is
an economic and political union uniting 27
member states located in Europe. It dates back to
the creation of the European Coal and Steel
Community (ECSC) and the European Economic
Community (EEC), which consisted of six
countries in 1957. In the following years, the
territory of the EU was increased due to the
inclusion of new member states, simultaneously
increasing its sphere of influence through the
expansion of political powers. In its current form,
it exists based on the Maastricht Treaty, signed
on February 7, 1992, and in force since
November 1, 1993. The last significant revision
of the constitutional principles of the EU was
approved in the Lisbon Treaty, which entered
into force in 2009. Legally, there is no capital in
the EU, but de facto it is the city of Brussels,
where most of the institutions of the European
Union are based.
The EU operates through a system of
independent supranational institutions and
jointly agreed on decisions of member states. The
most important institutions of the EU are the
European Commission, the Council of the
European Union, the European Council, the
Court of Justice of the European Union, the
European Central Bank, and the European
Parliament, which is elected every 5 years by the
citizens of the European Union.
The purpose of the EU is to: promote the
implementation of a balanced and long-term
social and economic policy, in particular by
creating a space without internal borders,
employing economic and social equalization, the
creation of an economic and monetary union,
which aims to introduce a common currency; the
establishment of the European Community in the
international arena, in particular by conducting a
common foreign policy and a policy in the field
of public security, which could lead to the
creation of a common defense system if
necessary; strengthening the protection of the
rights and interests of citizens of the participating
states through the introduction of citizenship of
the Union; development of close cooperation in
the field of judicial practice and internal affairs.
Maintaining the achieved level of integration of
the Community and, based on it, determining to
what extent policies and forms of cooperation
established by the Treaties need to be revised to
ensure the effectiveness of EU mechanisms and
institutions.
The effectiveness of EU activities is ensured by
its relevant bodies. The organizational structure
of the EU is based on the general principles of the
Western political system, but its specific forms
differ significantly from national systems. Its
characteristic features include 1. Association of
institutions of two types – interstate and
supranational. 2. Flexible distribution of
competencies between EU bodies and national
governments. 3. A significant number of types of
decisions are made – from regulations and
directives, which are mandatory for
implementation by national governments and all
members of the association, to conclusions that
are only recommendatory. 4. The supremacy of
EU law over the national legislation of the
member states within the limits determined by
the content of the founding treaties.
The organizational structure of the EU is based
on the principle of separation of legislative,
executive, and judicial functions. The main
bodies of the EU include the European
Parliament, the European Council, the Council of
Ministers, the European Commission, the
European Court of Justice, and the Chamber of
Auditors.
The North American Free Trade Agreement
(NAFTA) is an agreement between Canada,
Mexico, and the United States. According to this
agreement, the formation of the largest market in
the world began in January 1994, the creation of
which was supposed to be completed in 2009.
The specificity of NAFTA was determined by
several characteristics that to some extent
distinguished it from both Western European and
other models of international economic
integration. On November 30, 2018, in Buenos
Aires (Argentina), the United States, Mexico,
and Canada signed a new trade agreement, the
USMCA (Agreement between the United States
of America, the United Mexican States, and
Canada), which will replace the North American
Free Trade Agreement trade (NAFTA)
(Khomenko, 2004).
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The North American Free Trade Agreement has
continental dimensions. In the world economy,
this is the first integration grouping with such a
characteristic. It unites only three, but quite large
in terms of territory, human resources and
economic potential of the country. The USA,
Canada, and Mexico are countries in which the
oil industry is quite well developed.
The countries that joined NAFTA have different
levels of economic development, moreover, the
level of Mexico is in sharp contrast with the level
of the USA and Canada. Actually, this is not an
exceptional phenomenon: in the Western
Hemisphere, a similar example is demonstrated
by MERCOSUR, which, along with such giants
of Latin America as Brazil and Argentina,
includes Uruguay and Paraguay, which are
significantly inferior to them in terms of
economic development.
The clearly defined center of the North American
Free Trade Zone remains the United States, a
world leader with scientific and technical
potential and a competitive economy.
Reflecting on modern trends in the organization
of interstate relations, James Rosenau noted that
"the state-centric traditional world is by no
means replaced by a new world consisting of
numerous centers of power, but, on the contrary,
it exists and interacts with this multicentric
world. State actors operate both in the traditional
state-centric world and in the new multicentric
world, participating simultaneously in
negotiations and meetings held both within the
framework of intergovernmental cooperation
(multilateral summits, bilateral meetings,
regional conferences) and the framework of
international activities of non-governmental
organizations. At the same time, non-state actors
are increasingly active in the sphere of world
politics, interacting with its state-centric world
through public consultative meetings;
influencing the content of state policy with the
help of coverage of certain public actions by
mass media, the result of which is a kind of
diffusion, penetration into the stable set of norms
and principles of the traditional system of general
security - alternative norms and principles related
to human rights, global civil society, human
security, global governance" (Rosenau, 1998).
Therefore, we can state that the presence of
supranational and supranational institutions is a
characteristic feature of modern international
relations.
Conclusions
As a result of the conducted study of
suprastatehood and supranationality through the
prism of modern international law, the following
conclusions were drawn:
1) Although the concepts of suprastatehood
and supranationality are not fixed at the
legislative level, and their content is defined
only in the doctrine of international law, the
essence of suprastatehood is determined by
the interests of participating states, which
are reflected in the statute and activities of
international organizations, associations,
unions, etc.
2) Suprastatehood arises at the stage of
implementation of the goals and objectives
of the international organization established
in the founding treaty or other international
treaties of the organization, and sovereign
member states enshrine in their legislation
provisions on the possibility of assigning
state rights to the international organization.
3) The suprastatehood of individual
organizations is manifested in the cases of
adoption of relevant regulations, directives,
or decisions, which are mandatory for
implementation by individual institutions of
such a union (association, etc.). In other
cases, relations between the union
(organization) and its member states should
be qualified as traditional interstate
relations.
4) In modern conditions of development and
transformation of international relations, the
presence of suprastatehood and
supranational institutions is a characteristic
feature of such relations.
Regarding further scientific research, we
consider it necessary to investigate the
peculiarities and problematic issues of
supranationality of the European Union in
modern conditions.
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