Public Legal Provision of State Sovereignty: Experience of the People’s Republic of China and the Republic of India

This article examines the conceptual foundations and peculiarities of public legal provision of state sovereignty in the People’s Republic of China and the Republic of India. It analyses the basic theoretical principles of the legal systems of China and India, the concepts of state sovereignty, and the legal design of state sovereignty of China and India. In China, the public legal provision of state sovereignty at the doctrinal level is based on the doctrine of Legism, which emphasises the idea of creating a strong state, the establishment of uniform laws and administrative orders that are binding on all members of the population, and the establishment of severe penalties for offences. In practice, this is reflected in the legislative framework, which is characterised by a relatively small number of acts as well as severe sanctions for crimes that infringe state sovereignty. In India, public legal provision of state sovereignty is based on the preservation of its centuries-old ancient culture and traditions, observance of the balance of legally enshrined rights and freedoms, and a respect for spiritual values. The pacifism of Buddhism and the tolerance, as well as the high degree of universality of the core values of Hinduism, formed the basis of the concept of state sovereignty, as enshrined in the Constitution of 1950, which prioritises the fundamental rights of citizens. It is important to note, however, that there are not many normative prescriptions on state sovereignty in Indian law. Nevertheless, the Indian state, in response to new challenges, not only maintains its independence and autonomy at the national and international levels but also pays great attention to the protection of human rights as a foundation of state sovereignty.