State Sovereignty and Validity of the Legal Norms as from the Spatial and Time Significance

Fejzulla Berisha
2013 Social Science Research Network  
The state power is extended and has legal effect within the borders of one determined territory and within this territory the population are subject to the respective state power. Territorial scope of the state power is three dimensional. The first includes the earth within borders of one state, second dimension includes the air space on the earth surface 1 and the third dimension includes water surfacemarine. Air surface also on the territorial underground waters is the power on the people and
more » ... the power is not universal i.e. doesn't include the population. State territory is the space that is located under the sovereignty of one state. It is an inherent element for its existence. According to the author Juaraj Andrassy, state territory is spread in the earth and water surface within the borders, earth and water under this surface and the air on it. Marine waters and the air are considered as the parts that pertain to the earth space because in any case share its fate. Exceptionally, according to the international law or according to the international treaties is possible that in the territory of one state to exercise its power in another state. In this case we have to do with extraterritoriality of the state power. Institute of the state extraterritoriality is related with the territory concept of another state, in which we have to do with diplomatic missions of one foreign state, 12869 date it will cease its value in the moment when the obligations are executed towards the contracting parties. Every old legal norm, every old order legal-economy ceases its value when it is substituted with another norm, other legal or economy order. These occur usually after the revolutions, wars, when the old power is changed and the new power is created etc. Kosovo case after the war,
doi:10.2139/ssrn.2355774 fatcat:ztn3jmqn6zha5bsdmmd66rdqce