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Sovereignty and Law: On the Case of Tȋrãn W Şnãfȋr

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Document pages: 18 pages

Abstract: The case of Tȋrãn w Şnãfȋr does not only give rise to debates about the nationality of these two strategic islands. It primarily opens a more important and sophisticated debate about the sovereignty and its relation to current sociopolitical transformations as a process of material change in the form and content of state-society relationships, which necessarily influences the development of the theory of law, as well as judicial and jurisprudential trends. The Supreme Administrative Court (The Appeals Department) has made a judgment in the case of Tȋrãn w Şnãfȋr nullifying the agreement on the demarcation of maritime borders between Egypt and KSA which moved the two islands out of the scope of Egyptian sovereignty jurisdiction. This judgment opened the door not only for reviewing decision-making mechanisms and the way the executive authority exercises its powers away from interaction with the political sphere, but also for reviewing the classical theory of law which includes normative rules that are not capable of responding to current sociopolitical transformations and their emancipating logic. I try in this paper to use the ideas of Jürgen Habermas, who characterizes law as transformer between the lifeworld and the administrative and economic system as a contribution in the debate on the case of Tȋrãn w Şnãfȋr, and the analysis of the decision of the Supreme Administrative Court regarding them, as well as an approach to the critique of the normative theory of law.

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