Oaxaca of Juárez, Oaxaca; at Sunday, September 17th, 2023.
elements of the state
Public In ternational Law
teacher manuel ledesma lópez
ANA LUZ GONZÁLEZ RODRÍGUEZ 00417798
INDEX
What is the state? 3
relations other states 8
ELEMENTS OF THE STATE 4
purpose 9
permanent population 5
importance elements 10
defined territory 6
questions 11
government 7
bibliography 12
WHAT IS THE STATE?
According to the Montevideo Convention, it is the group of inhabitants who live together in a certain territory, ordered by a sovereign government through a law.
Herman Heller defines it as an economic, legal and political structure of domination, independent externally and internally, with its own means of power, which organizes territorial social cooperation based on a legitimate order.
According to Valerio de Oliveira Mazzuoli, it is a legal entity, endowed with international personality, formed by a meeting of people permanently established in a specific territory, under the authority of an independent government and with the main purpose of overseeing the good common to those who inhabit it.
ELEMENTS OF THE STATE
The State, as a person of International Law, must have:
PERMANENT POPULATION
GOVERNMENT
PURPOSE
ABILITY
DEFINED TERRITORY
INFO +
PERMANENT POPULATION
- There must be people interacting in the given space.
- The human element is essential.
- It is made up of the people, who are nationals by birth and naturalized; and the population, speaking demographically and economically, as well as foreigners.
- There is no specific number of inhabitants to meet this element.
DEFINED TERRITORY
I.
Portion of land delimited by border strips extended by straight lines or curves forming the limits, where its population lives and develops its activities.
III.
II.
Material, essential element.
IV.
It could also be understood as air and maritime space.
It is a space within which a State exercises its supreme authority.
V.
VI.
The State exercises its sovereignty; with imperium, exercising its jurisdiction over the mass of those who are in it; and, with dominium, according to his own exclusive will.
Lorem ipsum dolor sit amet, consectetuer adipiscing elit.
government
There must be at least one coherent political structure that serves the territory and people. But the form of government does not matter.
Political element.
The one that can decide definitively within the state territory, not admitting the interference of any other external authority, as well as participating in the international arena and conducting its external policy without the interference of third States.
ability to establish relations with other states
- It is related to the independent capacity that a State can have in the international arena.
- Recognition: Unilateral, voluntary and political act.
- There is no legal duty to recognize a New State or Government.
- States will always interact among themselves, not between entities.
PURPOSE
- Can be considered as the social element.
- The State must always pursue a purpose.
- This purpose must be aimed at the development of the personality of its members, seeking the common good of each of the people who comprise it.
IMPORTANCE OF THE ELEMENTS OF THE STATE
Mainly the importance of these elements is because without one of them a State could not be constituted, that is, it could not exist. It does not matter if it is a small or large number of inhabitants, if it is a large or Peruvian territory, if it is a different government from that of other States, or the way in which it establishes relations with other States. The important thing is that these elements exist and can be seen integrated into a space. And, in turn, they allow organization to exist in that territory.
I consider that one of the importance of these elements arises when claiming title to a territory, since as stated in chapter six. If there are two States fighting for the same, it will be granted to whoever has greater governmental authority, therefore if this recognition does not have a well-established government, it will never be able to acquire it, much less beat a state that does have these elements.
They also serve to differentiate one State from another and thus be able to talk about issues such as jurisdiction, which is the responsibility of each State.
10
HOW DO YOU THINK THAT THOSE ELEMENTS SHOULD CHANGE IN ORDER TO HAVE A BETTER GOVERNMENT IN THE FUTURE?
11
BIBLIOGRAPHY
12
I believe that the elements should not change, because it really makes sense that for a State to be formed it needs people, a physical space and a government. And perhaps something that could evolve would be the fact that a State is recognized, because if a State is just beginning to develop and develop, it will not be so easy for it to be recognized by others, and obviously no one will want to make deals or get involved with it. due to their lack of experience and their smallness. Furthermore, I believe that it is these organizations that should give recognition to these States and support them in becoming known and involved in International Law.
Because even though it is said that if the population is small or the territory is equally small, it really does. Because a State with greater territory and population will never be the same, compared to one that has less of both.
And finally I think that these elements only have to adapt to the new normality that society is facing. That is, these elements of the State must begin to consider everything technological, as well as Artificial Intelligence. Because at least from what we have seen of International Law, there is still no talk of this new phenomenon to which the law is being affected and which has not been completely typified.
Activity 5. Elements of the State
Ani Glez
Created on September 18, 2023
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Oaxaca of Juárez, Oaxaca; at Sunday, September 17th, 2023.
elements of the state
Public In ternational Law
teacher manuel ledesma lópez
ANA LUZ GONZÁLEZ RODRÍGUEZ 00417798
INDEX
What is the state? 3
relations other states 8
ELEMENTS OF THE STATE 4
purpose 9
permanent population 5
importance elements 10
defined territory 6
questions 11
government 7
bibliography 12
WHAT IS THE STATE?
According to the Montevideo Convention, it is the group of inhabitants who live together in a certain territory, ordered by a sovereign government through a law.
Herman Heller defines it as an economic, legal and political structure of domination, independent externally and internally, with its own means of power, which organizes territorial social cooperation based on a legitimate order.
According to Valerio de Oliveira Mazzuoli, it is a legal entity, endowed with international personality, formed by a meeting of people permanently established in a specific territory, under the authority of an independent government and with the main purpose of overseeing the good common to those who inhabit it.
ELEMENTS OF THE STATE
The State, as a person of International Law, must have:
PERMANENT POPULATION
GOVERNMENT
PURPOSE
ABILITY
DEFINED TERRITORY
INFO +
PERMANENT POPULATION
DEFINED TERRITORY
I.
Portion of land delimited by border strips extended by straight lines or curves forming the limits, where its population lives and develops its activities.
III.
II.
Material, essential element.
IV.
It could also be understood as air and maritime space.
It is a space within which a State exercises its supreme authority.
V.
VI.
The State exercises its sovereignty; with imperium, exercising its jurisdiction over the mass of those who are in it; and, with dominium, according to his own exclusive will.
Lorem ipsum dolor sit amet, consectetuer adipiscing elit.
government
There must be at least one coherent political structure that serves the territory and people. But the form of government does not matter.
Political element.
The one that can decide definitively within the state territory, not admitting the interference of any other external authority, as well as participating in the international arena and conducting its external policy without the interference of third States.
ability to establish relations with other states
PURPOSE
IMPORTANCE OF THE ELEMENTS OF THE STATE
Mainly the importance of these elements is because without one of them a State could not be constituted, that is, it could not exist. It does not matter if it is a small or large number of inhabitants, if it is a large or Peruvian territory, if it is a different government from that of other States, or the way in which it establishes relations with other States. The important thing is that these elements exist and can be seen integrated into a space. And, in turn, they allow organization to exist in that territory.
I consider that one of the importance of these elements arises when claiming title to a territory, since as stated in chapter six. If there are two States fighting for the same, it will be granted to whoever has greater governmental authority, therefore if this recognition does not have a well-established government, it will never be able to acquire it, much less beat a state that does have these elements. They also serve to differentiate one State from another and thus be able to talk about issues such as jurisdiction, which is the responsibility of each State.
10
HOW DO YOU THINK THAT THOSE ELEMENTS SHOULD CHANGE IN ORDER TO HAVE A BETTER GOVERNMENT IN THE FUTURE?
11
BIBLIOGRAPHY
12
I believe that the elements should not change, because it really makes sense that for a State to be formed it needs people, a physical space and a government. And perhaps something that could evolve would be the fact that a State is recognized, because if a State is just beginning to develop and develop, it will not be so easy for it to be recognized by others, and obviously no one will want to make deals or get involved with it. due to their lack of experience and their smallness. Furthermore, I believe that it is these organizations that should give recognition to these States and support them in becoming known and involved in International Law. Because even though it is said that if the population is small or the territory is equally small, it really does. Because a State with greater territory and population will never be the same, compared to one that has less of both.
And finally I think that these elements only have to adapt to the new normality that society is facing. That is, these elements of the State must begin to consider everything technological, as well as Artificial Intelligence. Because at least from what we have seen of International Law, there is still no talk of this new phenomenon to which the law is being affected and which has not been completely typified.