The elements of the State

ELEMENTS OF THE STATE

VANESSA HERNÁNDEZ LUJAN

00409295

STATE

The State is a human institution resulting from the gregarious nature of man and the needs of human life.

"A human community, established on a territory of its own, possessing an organization which results for this group, as regards relations with its members, a supreme power of action, command and coercion" Carré de Malberg

ELEMENTS OF THE STATE

The elements of the State are those institutions and entities that allow the territorial organization to function while maintaining a certain harmony and stability among collectives and social classes

ELEMENTS

• SOVEREIGNTY The sovereignty of a State comprises both its exclusive authority over its territory and the persons living therein, as well as its equal States
• TERRITORY Territory is the space within which the State exercises its authority. There are three main methods of acquiring title to territory: occupation, prescription (also called consolidation) and cession..

• Sovereignty
• Territory
• Jurisdiction

Jurisdiction may be defined as the power of the State to apply, through courts and judges, the law to the specific case, in order to satisfy the claims of the governed in a controversy, resolving it in a definitive and irrevocable manner.

JURISDICTION

Security

Nationality

Territoriality

Jurisdiction based on the principle of security, or also called protective jurisdiction, involves the prosecution of a non-national for a crime committed abroad. Security jurisdiction is restricted to offenses committed against "the security, territorial integrity, security, territorial integrity or political independence" of the State exercising it

The principle of nationality of jurisdiction places jurisdiction in a State for a crime committed by its nationals anywhere. a crime committed by its nationals anywhere. This principle is commonly used in civil jurisdictions and is invariably limited to the most serious crimes. invariably limited to the most serious crimes. However, it is the second most common basis of jurisdiction.

Territoriality places jurisdiction in the State in whose territory an offense is committed. is committed, i.e. jurisdiction over any offense committed in the territory of a State by any person, national or foreign.

The primary basis for a State exercising criminal jurisdiction is territorial. Among the extra-territorial bases are jurisdiction over its own nationals and over foreigners for crimes committed against its security or its nationals or for international crimes of a particularly heinous nature.

Immune from the jurisdiction of a State Are foreign States, their rulers and their property used for public purposes and those with diplomatic or consular status.

THE IMPORTANCE OF THE ELEMENTS OF THE STATE

The State is an important institution that arose to guarantee the satisfaction of collective needs for justice, organization and leadership, through an imposed legal order, that is, a law. For this to be possible, it has certain fundamental elements that must be fulfilled, since not every human community is equivalent to a State.

L - The law applies to all peoples, but which in turn allows to have certain exceptions according to certain cases. - Recognition is important at the international level to establish relations between international actors and, at the municipal level, to confer rights on the recognized government. - All these aspects must be taken into account for the scope of the laws and their application.

HOW DO YOU THINK THAT THOSE ELEMENTS SHOULD CHANGE IN ORDER TO HAVE A BETTER GOVERNMENT IN THE FUTURE

I believe that the state and its elements must be in constant change in order to close the gap that exists between today's society and the state, as we often remain with the customs or laws of an old society that makes it impossible for the state to evolve, as well as to be transparent and participatory in the way it acts, to have a strategic vision in its internal and external management.

CONCLUSION

It can be concluded that sovereignty, territory and jurisdiction are indispensable elements for the State, since they must be present for it to exist and allow the territorial organization to function while maintaining a certain harmony and stability.

Bantekas, I. (s/f). Criminal jurisdiction of states under international law. Univie.ac.at. Recuperado el 17 de septiembre de 2023, de https://spacelaw.univie.ac.at/fileadmin/user_upload/p_spacelaw/EPIL_Criminal_Jurisdiction_of_States_under_International_Law.pdf Elementos del Estado y su importancia en el derecho. (s. f.). https://es.slideshare.net/coralibarra/elementos-del-estado-y-su-importancia-en-el-derecho Grant, J. (2010). International law essentials. ProQuest Ebook Central <a onclick=window.open('http://ebookcentral.proquest.com','_blank') href='http://ebookcentral.proquest.com' target='_blank' style='cursor: poinCreated from anahuac-ebooks on 2021-07-15 17:04:04. Grant, J. (2010). International law essentials. ProQuest Ebook Central <a onclick=window.open('http://ebookcentral.proquest.com','_blank') href='http://ebookcentral.proquest.com' target='_blank' style='cursor: poinCreated from anahuac-ebooks on 2021-07-15 17:11:45. Politicalscience. (2021). Essential elements of state. Political Science. https://www.politicalscienceview.com/essential-elements-of-state/

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