SOVEREIGNTY AND LEGAL PERSONALITY: A LESSON FROM EUROPEAN UNION'S EVOLUTION TO SUPRANATIONALISM

Abstract

Sovereignty remains a pivotal topic in international law, and regionalism introduces fresh challenges to traditional concepts of sovereignty, particularly when economic interests prompt states to cede aspects of their sovereignty. This paper explores the changing notion of state sovereignty in the context of economic globalization and examines the legal personality in international relations. It seeks to understand how sovereignty and legal personality have evolved in the 21st century amid increasingly globalized international economic relations. The research employs both historical and analytical methods, following doctrinal research approaches. It utilizes a historical analysis to examine international treaties and agreements, shedding light on the development and evolution of international economic law institutions. Furthermore, the paper discusses the transformation of the European Union, which illustrates how regional integration can transcend traditional state boundaries. This discussion includes an examination of the impact of Brexit on debates concerning state sovereignty and the notion of sovereignty waivers. The paper concludes by addressing the international legal personality of regional bodies, with a comparative analysis of the EU and ASEAN. Initially envisioned as a new governance structure, the EU has gradually challenged the traditional state concept established by the Peace of Westphalia in 1648, driven by its member states' ambitions to create a supra-state entity. The European Union thus presents a novel model of sovereignty, contrasting sharply with the Westphalian model and differing significantly from ASEAN's intergovernmental approach in terms of sovereignty and legal personality.