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Eirik Holmøyvik 137 Journal of the Histor y of International Law 7 : 137–156, 2005. ©2005 Koninklijke Brill NV. Printed in the Netherlands. The theory of sovereignty and the Swedish-Norwegian union of 1814 Eirik Holmøyvik 1. Introduction In the history of legal science, few notions have been the subject of more controversy than sovereignty . During the last half of the nineteenth century and towards World War I the focus of international law was on the state, and sovereignty was the basis upon which legal scholarship built international law. Perhaps in no area or discipline was sovereignty more controversial than in the discussions concerning the various unions of states dominating the international community at the time. 1 One cause for this dissension among scholars, or perhaps is it more correct to define it as the source of dissension, were various notions of the character and nature of sovereignty. With regard to the unions of states one could question whether sovereignty prohibited an intermediate or supranational association in the form of shared government institutions. Was it possible for two or more states to found a mutual government organ without losing their status as sovereign states? Contemporary legal theory produced
Journal of the History of International Law / Revue d'histoire du droit international – Brill
Published: Jan 1, 2005
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