1. The principle of national sovereignty is a basic principle of international law.

The principle of national sovereignty is the most basic legal principle of international law. Any legal department has some legal principles, which are comprehensive and stable principles and norms and can be used as the basis or source of many legal rules. The basic principle of legal principle embodies the basic spirit of law, which is more important than other principles in value and has a wider adjustment function in function than other principles. International law also has its own basic principles. These principles are regarded as the foundation of the whole system of international law. They are summarized from the principles, rules and systems in the international law system, and they are also the extension and development of the principles, rules and systems of international law. Basic principles are of great significance in the system of international law. The so-called basic principles of international law are not specific principles in individual fields of international law, but legal principles recognized by all countries, of universal significance, applicable to all effective areas of international law and constituting the foundation of international law. [2] Therefore, what can be called a basic legal principle in international law generally has the following characteristics: First, it is recognized by all countries. The principles, rules and systems of international law are recognized by all countries, and the basic principles of international law particularly emphasize this point, which is different from the principle recognized by only some countries; Second, they have universal significance and are global principles that transcend all fields of international law; Third, they apply to the effective scope of all international laws, that is, they apply to the territorial, personal and temporal effective scope of international law; Fourthly, they are the foundation of international law. They come from other principles, rules and systems of international law and cannot be violated, that is, they are beyond everything in international law.

The content of the principle of national sovereignty is national sovereignty. The connotation of national sovereignty has been constantly developing and enriching. At present, Chinese international law scholars generally believe that Oppenheimer, a world-famous international jurist, and Zhou Yusheng, a famous international jurist in China, have authoritative interpretations of the concept of sovereignty. Oppenheimer defines sovereignty as: "Sovereignty is the highest authority, that is, the authority independent of any other authority in the world. Therefore, in the strictest and narrowest sense, sovereignty means full independence, including inside and outside the territory. " Zhou Yusheng's definition of sovereignty is: "Sovereignty is the highest power that a country has to independently handle its own internal and external affairs. From the analysis, national sovereignty has two characteristics, that is, it is the highest internally and independent externally. "

The evolution of sovereignty principle is a historical process. The existence of a modern sovereign state is the basis for the emergence and development of traditional international law. The most basic element and fundamental attribute of a sovereign state is national sovereignty. The systematic theory of national sovereignty was first expounded by French political thinker Boudin. He believes that sovereignty is the core of national issues and the most important definition of a country; Sovereignty is not bound by law and exercises the supreme power of comrades over citizens and subjects; It is absolute, unrestricted, non-transferable, permanent and inseparable. [3] Budan focuses on the internal nature of sovereignty. Grotius inherited and deepened Budan's sovereignty theory. He believes that any power that is not bound by the will of others or the law is sovereignty. Sovereignty can be divided into internal sovereignty and external sovereignty. When sovereignty belongs to the state, it is called foreign sovereignty; When sovereignty belongs to one person or several people, it is called internal sovereignty. Grotius' theory laid the foundation of modern international law. From this, the concept of national sovereignty in the modern sense has basically formed, that is, "sovereignty is the power of a country to handle its domestic and foreign affairs independently." [4] The various expressions of sovereignty by early political thinkers and jurists revealed the basic connotation and inherent attributes of sovereignty, which not only had important theoretical significance at that time, but also had important practical significance, which was manifested in the following aspects: First, it provided a theoretical basis for maintaining the supremacy of feudal kingship; Second, it represents the interests of the emerging bourgeoisie. The emergence of sovereignty theory reflects the strong desire of the early bourgeoisie to establish a unified and centralized nation-state, and reflects that the modern nation-state is gradually gestating.

Second, the modern development of the principle of national sovereignty

(A), the development from absolute sovereignty to relative sovereignty

National sovereignty has defended the emerging western nation-state from any external interference with its absoluteness from the very beginning. Traditional sovereigns, such as Budan and Grotius, emphasize the absoluteness of sovereignty and think that sovereignty is the supreme power of a country without restriction, and the sovereign is not bound by law. At present, the theory and practice of absolute sovereignty are very harmful to the international community. Absolute sovereignty means that a country can do whatever it wants regardless of international law, and it can put its own sovereignty above the sovereignty of other countries and its own interests above the interests of other countries and even the international community. This theory was used by some later countries as a cover to undermine international peace and security. The bloody lessons of World War I and World War II once again illustrate the harmfulness of absolute sovereignty theory and behavior. [7] In today's international society, overemphasizing the absoluteness of sovereignty is undoubtedly a retrogression in history. National sovereignty should be restricted by international law and become the knowledge of the international community. This is at least because the country is a member of the international community, and it is obliged to respect the sovereignty of other countries while asking them to respect their own sovereignty; If one country's sovereignty is not restricted in international communication, it may infringe upon the sovereignty of other countries, and the sovereignty of each country is actually restricted. Secondly, there may be contradictions between the interests of a country and the common interests of all countries of mankind. Without limiting the sovereignty of all countries, the common or long-term interests of mankind cannot be guaranteed; The state has the obligation to fulfill its obligations under international law and concluded international treaties. All these make the exercise of sovereignty subject to certain constraints and restrictions. However, this is necessary for the normal operation of international relations and is fundamentally in line with the interests of all countries. [8]

(B), the challenges facing the principle of national sovereignty

Since the 1990s, the tide of globalization has been surging, and the process of globalization has formed the background of the contemporary principle of state sovereignty. The emergence of globalization is rooted in the historical breakthrough of transportation and communication means caused by scientific and technological progress, which has created a material means to break the barriers of time and space for globalization and laid a material foundation for globalization. The expansion and radiation of market economy to the whole world provides inexhaustible internal power for globalization; The increasingly serious global problems have promoted the process of globalization. Contemporary globalization is characterized by economic globalization. Through close economic exchanges and economic coordination, countries and regions in the world are economically interrelated, interdependent, interpenetrating, expanding, competing and restricting each other, which has developed to a high level, forming a multi-level and multi-form interweaving and integration of the world economy from resource allocation, production, circulation and consumption, making the global economy an inseparable organic whole. This economic form and development trend characterized by openness and cooperation seems to be bound to conflict with the characteristics of national exclusiveness, so it is generally believed that the traditional theory of national sovereignty is facing severe challenges. Mainly manifested in;

1. The emergence of international organizations and the establishment of international mechanisms have increasingly affected domestic political life and restricted the exercise of national sovereignty. The United Nations and its subsidiary bodies have increasingly influenced sovereign countries in dealing with international peace and security, transnational economic, political and social environment, and countries have to incorporate their policies and actions into unified international arrangements. Institutions such as the World Trade Organization, the International Monetary Fund, and the World Bank may affect economic policies within the sovereignty of a country, such as tariffs and trade policies. In some aspects, the dispute settlement mechanism of the World Trade Organization also deprives member countries of their participation and interference in international organizations in the traditional field of national sovereignty in international economic activities.

2. The development and expansion of transnational corporations have limited the economic sovereignty of sovereign countries to some extent. Multinational companies have abundant capital, advanced production technology, huge production scale and management organization system, and occupy an important position in the world market. The international trade of multinational corporations not only affects the trade policies of various countries, but also may control some important economic sectors of the host country and monopolize some products and markets of the host country through their large-scale overseas investment. To some extent, it affects or even influences the production, consumption, domestic and foreign trade, industrial structure adjustment and national economic policy formulation of the host country, thus weakening the economic autonomy of the host country.

3. The influence of the expansion of the functions of regional economic organizations on the principle of national sovereignty. The establishment of regional economic organizations is based on the transfer and transfer of functions and powers of some sovereign countries. In the process of economic integration under globalization, countries have joined different forms of regional economic organizations in order not to lag behind the times, strive for more foreign investment and state aid, and improve national competitiveness. Therefore, they have to make major adjustments and compromises to various domestic policies and regulations, thus weakening the social and political management functions of the country. National sovereignty is under attack.

4. Cultural globalization challenges a country's cultural sovereignty. The highest independent power and authority of the modern nation-state over its own national culture has been eroded. The challenge of cultural sovereignty comes from cultural hegemony, more precisely, the cultural hegemony of "Western centralism". Western thoughts, cultures and ideologies are spreading and infiltrating to other countries with the help of modern communication tools. The traditional culture of other countries is in danger of assimilation and annihilation. Maintaining and developing national culture is becoming a difficult problem for sovereign countries, and the richness of world culture will be seriously challenged.

5. Information sovereignty is challenged. Information sovereignty refers to the country's autonomy and independence in the field of network information, including three aspects: first, the right of information control, that is, the effective control of the content and mode of cross-border data flow by sovereign countries; The second is the right of information management, which is manifested in the right of a country to manage the output and input of its own information and the jurisdiction over disputes in the information field; The third is the right to enjoy information resources, that is, to realize the right of all mankind to enjoy information resources on the basis of international cooperation. [9] With the development of high technology and the rapid popularization of the Internet, the space and carrier of national control information are threatened, the management boundary becomes blurred, and the control ability is challenged.

6. With the increase of global problems, the boundaries of state power have become blurred to some extent. Global international issues such as population, unemployment, food, ecological and environmental protection, ocean and space utilization, transnational crime, drug smuggling, infectious disease control, weapons proliferation and terrorism pose great threats to mankind. The internationality of the problem, the similarity of interests and the difficulty of final solution have exceeded the scope and ability of national management and disposal, so countries have to adjust their policies, choose international security and human interests as their value targets, and limit their sovereign rights or fulfill their international obligations. [ 10]

7. Challenges to human rights principles. Under the banner of "human rights are above sovereignty", western countries wantonly violate the sovereignty of weak countries and interfere in the human rights situation of other countries. Human rights are basically a matter within the sovereignty of a country. In the international system with sovereign countries as the main body, improper interference in other countries' internal affairs with human rights is a challenge to national sovereignty in any case.

Third, the exercise of the principle of national sovereignty-with national interests as the core and a multipolar world as the direction.

In today's international society, the principle of national sovereignty safeguards the factors of national interests. It can even be said that the essence of the principle of national sovereignty is followed in the internal and external activities of sovereign countries, to some extent, in order to safeguard national interests. The essential connotation of national sovereignty is national interests. [1 1] Under the background of globalization, the core of exercising national sovereignty must be the maximization of national interests. The so-called national interests are the main interests, rights and income points pursued by the nation-state, which reflect the needs and interests of all citizens and various interest groups in this country. The decision of national interests has internal and external causes, and the latter has endogenous and exogenous factors. In a sense, the national interest is actually a comprehensive weighted index. [12] Under the background of globalization, the national interest is essentially something that can only be realized in communication, and it is a category that must be reflected through national diplomacy and international strategy. [13] operating in an increasingly interdependent international system, on the one hand, gives sovereign countries new opportunities, interests and powers; On the other hand, part of the sovereignty of the nation-state is also restricted, even at the expense of the erosion of national sovereignty. [14] and this is also the cruel reality of the international community today. Today's international politics is still based on strength to determine the status and discourse power of a country, and sovereignty sometimes seems helpless in the face of power. As a basic principle of international law, the principle of national sovereignty only involves the moral standards and ideal code of conduct of sovereign countries independent of external authority. This principle does not and cannot guarantee the equality of natural distribution of resources among countries and the equality of the sum of national potential and strength arising therefrom. Therefore, China, as a big country actively pursuing its own development, should not only have a more open attitude in this more open international system, but also exercise its national sovereignty with national interests as the core and constantly enhance its own strength. Sovereignty itself includes a way to participate in the world, a way to allocate resources and organize exchanges, and a way to distinguish organizations, cultures and nations. [15] In carrying out diplomacy and realizing a national strategy centered on national interests (in fact, it is also a manifestation of the exercise of sovereignty), any restriction and transfer of sovereignty is a realistic strategy worthy of "sacrificing sovereignty". As long as we can obtain the resources and conditions for our own development in international exchanges, and as long as this approach is based on safeguarding national independence and equality of rights between countries, this transfer and restriction of sovereign rights can be regarded as one. In fact, from China's foreign policy and international exchanges, we can see that China is trying to participate in international organizations and regional economic organizations that are conducive to its own development, and play a role in them. By participating in the formulation of rules, it strives for institutional guarantee and legal basis for its actions, so as to maximize its own interests. Therefore, in the context of globalization, when China exercises its national sovereignty, it should adhere to the national interest as the standard to measure international exchanges and exchanges, participate in the international system, and create favorable external conditions conducive to its rapid development, so as to rapidly enhance its own strength and thus more firmly defend its national sovereignty.

Sovereignty is the fundamental attribute of a country. All countries have equal political status abroad, because they enjoy sovereignty equally while protecting their national interests. In the globalized world, the contradiction between political unipolar and multipolar seeks the final balance and solution in the confrontation and contest of international forces. At the same time, the challenges faced by the principle of national sovereignty show the weakening and decentralization of a country's power in the political field. However, as a subject of international law, it is impossible for a country to lose its dependent sovereignty in the international system, and it is actually unrealistic. In fact, the development of globalization proves from another aspect the importance of coordination among international developing countries and sovereign countries. Any country will exercise its sovereign rights based on its national interests. The contest of interests in negotiations, consultations, diplomatic mediation and even international conferences shows that it is impossible to achieve a completely consistent distribution of interests among all countries. The international community should respect and guarantee the choice of countries and the exercise of sovereign rights, try its best to coordinate the universal consistency of countries and urge them to safeguard the universal interests of mankind. The idea of unipolar world will inevitably challenge the sovereign rights owned and exercised by a country and harm the national interests of sovereign countries; For this reason, the unipolar world is fragile in the international community, especially in the international system with many developing countries. Taking the goal of political multipolarization as the direction is an inevitable and consistent choice for sovereign countries to exercise their sovereign rights. The goal of multipolarization is that all countries in the world pursue their own development and democratization of international relations. Only multipolar forces can restrain the excessive behavior of unipolar hegemony to a certain extent. The more multipolar forces develop, the greater the checks and balances will be. When the power balance between great powers or power centers develops to a relative balance, the unipolar hegemonic position will cease to exist, and [16] countries will have real equality on the international stage. However, the formation of multipolarization is not an easy task, and it needs a long process, which requires countries to take this as the direction when exercising sovereignty. China has always advocated political multipolarization. His "Five Principles of Peace" and his proposition that all countries should treat and deal with their differences in a "harmonious but different" manner and safeguard the diversity of political culture of all countries show that a developing country that emphasizes "peaceful rise" has depth and foresight in the construction of the international system. Persisting in opposing hegemonism and power politics, safeguarding the independence and integrity of sovereignty, safeguarding world peace, promoting common development, pushing the world towards multipolarization and protecting the diversity of world cultures all show China's constructive role in the international system.