Powers and Authority-Group 5

Powers and Authority

Liza Mariel Fuentes Ramírez Jesús Miguel Gracia Rodríguez Rodolfo Emiliano Franco Sánchez International Public Law

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Introduction

The State is the main unit of International Law. It exists when people live in a territory under a functioning government.

According to the Montevideo Convention in 1933, a State requires four basic elements:

1. Permanent population.
2. Defined territory.
3. Government.
4. Capacity to enter into relations with other States.

Permanent Population

Definition. A community of people living permanently in the State.

• The state doesn't have a minimum size required.
• For example, Nauru with a population of 9,300 became an independent State.
• Provides identity, workforce, and legitimacy.

Defined Territory

Definition. The geographical space under the State’s authority.

• In the territory the borders doesn't need to be settled.
• For example, Israel became a State in 1948 with disputed borders.
• Provides resources and protects sovereignty.

Government

Definition. The organized authority that controls population and territory.

• The form of government is not the key factor; what matters is its ability to exercise authority.
• Maintains order, guarantees rights, and represents the people.
• For example, in the Aland Islands Case in 1920, Finland was recognized as independent only when a stable political organization existed and public authorities could assert control throughout the territory.

Capacity to enter into relations with other States.

Definition. This fourth criterion is particularly important because it signifies a state's independence from external control.

• It means the entity has the legal and political authority to conduct its own foreign affairs, sign treaties, and engage in diplomacy without needing another state's permission.
• Without this capacity, an entity is considered a dependent or semi-sovereign state, and it cannot fully function as an equal member of the international community.

Importance of the elements of the State

• Population: A state simply can't exist without it's people. It provides the human resources, labor force and the subjects that the state uses to provide resources and to maintain itself.
• The same goes for the territory, every state must have a fixed, defined geographical area. This territory includes not only the land but also its inland waters, a portion of the sea (territorial waters), and the airspace above. Without a territory, a group of people cannot be considered a state.
• An effective government ensures order, representation, and the exercise of power. The capacity to enter into relations with other States allows participation in diplomacy, trade, and cooperation.
• Finally, sovereignty and jurisdiction establish independence, equality with other States, and the power to create and enforce laws. Together, these elements enable a State to function internally and interact effectively in the international community.

How do you think that those elements should change in order to have a better government in the future?

In the future, the four elements of the State should change to create better governments. - The permanent population should be more educated, active in politics, and aware of their rights and duties. - The defined territory must be protected, with special care for natural resources and the environment. - The government needs to be more transparent, less corrupt, and closer to the people it serves. - The capacity to enter into relations with other States should focus on cooperation, peace, and solving global problems together. If these changes happen, governments will be more fair, modern, and effective for everyone.

Conclusion

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For the future, these elements must adapt to people’s needs, protect human rights, and face new global challenges. Only by improving them can we hope for governments that are fair, transparent, and truly focused on the common good.

The State is the structure that organizes society and makes life in community possible. Its elements give order and stability, but they must always adapt to new realities.

Bibliography

1. Grant, J. International Law Essentials. Edinburgh University Press, 2010. ProQuest Ebook Central.