ELEMENTS OF THE
state
Camila Patiño Franco 00507136
state
The State is the basic unit of international law. Is a community which cosist of a territory and a population subject to an organized political authority.
ELEMENTS:
a) Population b)Territory c)Government d) Capacity to establish relationships with other States
POPULATION
TERRITORY
"The space within which the State exercises its supreme authority" Island of Palmas Cases (1928)
Territorial Acquisition
Boundaries
GOVERNMENT
"Is a system or a group of people governing an organized community, often a State. The government is solely responsible towards the state and citizens as well as they are also responsible towards the State and the government (Rule of Law)
CAPACITY TO ESTABLISH RELATIONSHIPS WITH OTHER STATES.
Self Determination
Recognition
CAPACITY TO ESTABLISH RELATIONSHIPS WITH OTHER STATES.
Self Determination
CAPACITY TO ESTABLISH RELATIONSHIPS WITH OTHER STATES.
Recognition
JURISDICTION
A State has complete and exclusive legislative authority
Botón texto
Territoriality
Nationality
Security
Universality
Passive personality
"The replacement of one State by another in the responsibility for the international relations of territority."
STATE SUCESSION
Occurs when the whole or part of the territory of one State falls under the sovereign authority of another State; and the rules of State sucession are designed to regulate the consequences of that change in relation to existing treaties, public property and public debts.
The replacement of one State by another in the responsibility for the international relations of territority.
IMPORTANCE OF these ELEMENTS
POPULATION:
Is the most basic and indispensable element. Without people, there can be no State. It is the very reason for the state's existence.
TERRITORY:
Is the space where the population is going to live and the government is going to operate. A delineated territory prevents conflicts with other states and allows the government to enforce its domestic law.
GOVERNMENT:
It is the responsible for making and enforcing the law, maintaining order and provinding public services. Without a government, the State would lack of a structured system for its administration.
CAPACITY TO ESTABLISH RELATIONSHIPS WITH OTHER STATES.
It makes a State to have self-determination and recognition.
HOW DO YOU THINK THAT THOSE ELEMENTS SHOULD CHANGE IN ORDER TO HAVE A BETTER GOVERNMENT IN THE FUTURE?
To achieve a better government in the future, the relationship and functioning of these elements need to evolve. Instead of the population being a passive subject of the state, it should become an active participant, enhancing civic education and strenghthening democratic participation. Also governments should develop regulations and infrastructure for the "digital territory to ensure the protection of the citizens. In my opinion, the government need to be more transparent and accountable (adopting open data policy), more agile and adaptive, and more inclusive.
BIBLIOGRAPHY
Grant, John. International Law Essentials. Edinburgh University Press, 2010. ProQuest Ebook Central, https://www.google.com/search?q=ebookcentral.proquest.com.
Recognition is a unilateral, coluntary and political act.
-De facto: there are some reservations about some aspects of the new entity -De jure: all the criteria required of a new regime were met.
1) Ocuppation: the territory in question must be terra nullius (it must belong to no-one) and that the occupying State must exercise over the territory open, peaceful, continuous and effective governmental authority for a substancial period of time. 2) Acquisitive prescription: Consolidation of the sovereignity in one or other of the disputing States. 3) Cession: a State transfers its territory to another State. At one time, it was the price to be paid for losing a war. 4) Accretion and avulsion: Changes in territory as a result of the forces of nature. 5) Conquest and subjugation: the conquering State had to assume the mantle of government of the territory. It is no longer admissible because the UN CHARTER prohibited the use of force.
Population
The human community or people who inhabit a territory and are governed by the State.
Internationally, recognition elevates the new entity to the international plan vis-à-vis the recognising State. While unrecognised entities are subject to obligations under international law, the do not enjoy all the rights of international law.
For transnational crimes, crimes transcending national boundaries,or continuing crimes, crimes begun in one State and completed in another, States employ a subjective territorial principle or an objective territorial principle. The former locates jurisdiction in the State in which a crime is commenced, even though it is consummated in another State; the latter locates jurisdiction in the State in which the crime is consummated, even though it is commenced abroad.
The emergence of a new Government in an existing State through some normal constitutional process, like general election, does not requiere recognition: the new Government will simply step into the shoes of the previous Government. In case of a Revolution, recognition is required before the new Government will be regarded as representing its State.
The right of self-determination applies to all peoples, but allows only colonies and territories persistently denied a role in their own governance to attain sovereign independence.
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Transcript
ELEMENTS OF THE
state
Camila Patiño Franco 00507136
state
The State is the basic unit of international law. Is a community which cosist of a territory and a population subject to an organized political authority.
ELEMENTS:
a) Population b)Territory c)Government d) Capacity to establish relationships with other States
POPULATION
TERRITORY
"The space within which the State exercises its supreme authority" Island of Palmas Cases (1928)
Territorial Acquisition
Boundaries
GOVERNMENT
"Is a system or a group of people governing an organized community, often a State. The government is solely responsible towards the state and citizens as well as they are also responsible towards the State and the government (Rule of Law)
CAPACITY TO ESTABLISH RELATIONSHIPS WITH OTHER STATES.
Self Determination
Recognition
CAPACITY TO ESTABLISH RELATIONSHIPS WITH OTHER STATES.
Self Determination
CAPACITY TO ESTABLISH RELATIONSHIPS WITH OTHER STATES.
Recognition
JURISDICTION
A State has complete and exclusive legislative authority
Botón texto
Territoriality
Nationality
Security
Universality
Passive personality
"The replacement of one State by another in the responsibility for the international relations of territority."
STATE SUCESSION
Occurs when the whole or part of the territory of one State falls under the sovereign authority of another State; and the rules of State sucession are designed to regulate the consequences of that change in relation to existing treaties, public property and public debts.
The replacement of one State by another in the responsibility for the international relations of territority.
IMPORTANCE OF these ELEMENTS
POPULATION:
Is the most basic and indispensable element. Without people, there can be no State. It is the very reason for the state's existence.
TERRITORY:
Is the space where the population is going to live and the government is going to operate. A delineated territory prevents conflicts with other states and allows the government to enforce its domestic law.
GOVERNMENT:
It is the responsible for making and enforcing the law, maintaining order and provinding public services. Without a government, the State would lack of a structured system for its administration.
CAPACITY TO ESTABLISH RELATIONSHIPS WITH OTHER STATES.
It makes a State to have self-determination and recognition.
HOW DO YOU THINK THAT THOSE ELEMENTS SHOULD CHANGE IN ORDER TO HAVE A BETTER GOVERNMENT IN THE FUTURE?
To achieve a better government in the future, the relationship and functioning of these elements need to evolve. Instead of the population being a passive subject of the state, it should become an active participant, enhancing civic education and strenghthening democratic participation. Also governments should develop regulations and infrastructure for the "digital territory to ensure the protection of the citizens. In my opinion, the government need to be more transparent and accountable (adopting open data policy), more agile and adaptive, and more inclusive.
BIBLIOGRAPHY
Grant, John. International Law Essentials. Edinburgh University Press, 2010. ProQuest Ebook Central, https://www.google.com/search?q=ebookcentral.proquest.com.
Recognition is a unilateral, coluntary and political act.
-De facto: there are some reservations about some aspects of the new entity -De jure: all the criteria required of a new regime were met.
1) Ocuppation: the territory in question must be terra nullius (it must belong to no-one) and that the occupying State must exercise over the territory open, peaceful, continuous and effective governmental authority for a substancial period of time. 2) Acquisitive prescription: Consolidation of the sovereignity in one or other of the disputing States. 3) Cession: a State transfers its territory to another State. At one time, it was the price to be paid for losing a war. 4) Accretion and avulsion: Changes in territory as a result of the forces of nature. 5) Conquest and subjugation: the conquering State had to assume the mantle of government of the territory. It is no longer admissible because the UN CHARTER prohibited the use of force.
Population
The human community or people who inhabit a territory and are governed by the State.
Internationally, recognition elevates the new entity to the international plan vis-à-vis the recognising State. While unrecognised entities are subject to obligations under international law, the do not enjoy all the rights of international law.
For transnational crimes, crimes transcending national boundaries,or continuing crimes, crimes begun in one State and completed in another, States employ a subjective territorial principle or an objective territorial principle. The former locates jurisdiction in the State in which a crime is commenced, even though it is consummated in another State; the latter locates jurisdiction in the State in which the crime is consummated, even though it is commenced abroad.
The emergence of a new Government in an existing State through some normal constitutional process, like general election, does not requiere recognition: the new Government will simply step into the shoes of the previous Government. In case of a Revolution, recognition is required before the new Government will be regarded as representing its State.
The right of self-determination applies to all peoples, but allows only colonies and territories persistently denied a role in their own governance to attain sovereign independence.