DOSSIER FORMAS BÁSICO

Serecho Internacional Público

Katia marilú González carranza

Activity 5. Genially on States: Powers and Authority lecture

Statehood is a State being a State, but for a State to do that, it must have some specific element, otherwise it won’t be considered a State.Statehood refers to the condition or status of being recognized as a sovereign and independent entity in the international system.

Statehood

But also, there are other documents that establish other elements such as self- determination and recognition of States and Government, sovereignty, jurisdiction. In these presentations, we will be analyzing all of them.

4. Capacity to enter into relations with other States.

3. Government

2. Defined territory

1. Permanent population

The elements: the Montevideo Convention mentions that a State must have

The elements of the state are fundamental components that constitute a modern nation-state. These elements are typically considered crucial for the functioning and organization of a state. The key elements of a state include:

- It refers to the physical space that occupies a place in the cosmos, in which the State exercises its supreme authority. - It is usually delimitated by or sectionized to have a better organization but there is no rule that the land frontiers of a State must be fully delimited and defined. - This element is very important because it is needed for the sovereignty to exist. - Actually, this element, despite the importance of it existence, is very argued by the people that studies it, because there is not an unanimous opinion whether the boundaries of the territory are necessary to exist or not, because there are States which boundaries are under dispute and still they don’t lose their Statehood.

Defined territory

Permanent population

- It refers to the total of individuals that live, interact with each other, and are regulated in the same determined territory. - For some experts, this element is the most important one, because without population, the State loses the reason for its existence. - There is not a particular regard to the size of the population of a new member for a State.

Discovery alone will not give the title; the governmental part is a must.

Methods to acquire territory

The State must exercise over the territory peaceful, open, continuous and effective governmental authority for a substantial period of time.

Occupation

it is used when the occupation is not available.

Acquisitive prescription

a State transfers territory to another State.

Cession

it refers to changes in territory as a result of the forces of nature are recognized by international law.

Accretion and avulsion

Conquest and subjugation

- The government represents the authority and institutions that make and enforce laws, regulations, and policies within a state. It includes elected officials, public servants, and the legal and administrative structures responsible for governing the country. The form of government can vary widely, such as democracies, monarchies, or authoritarian regimes.

Government

- Jurisdiction means legal authority. - As an aspect of territorial sovereignty, jurisdiction includes the legislative power Except for the existence of another State or an international organization that surrenders it. - Territoriality locates jurisdiction in the State.

Jurisdiction and territoriality

- Self-determination: it means that each State has the capacity to regulate itself, being able to decide from de inside to the inside and the outside. o It is also a core principle for the international law because every State must have the capacity t decide if it wants to be a member of an international treaty and accept the effects it will have on itself. - Sovereignty: Sovereignty is vital for a state's independence and self-determination. It enables states to engage in international relations, negotiate treaties, and protect their interests without external interference.

Self- determination and Sovereignty

- This element requires independent action on the international plane. - It makes the difference between an entity and a State, because an entity can do that interaction. - For some experts this element is included in sovereignty, an even put this one as one of the most important elements.

Capacity to enter into relations with other States

- Although recognition is a unilateral and voluntary act, one of the requirements for the admission into the United Nations is that the applicant can be a Stare, therefore there are collective standards of recognition. - If the applicant satisfies every requirement, it will elevate the new entity to the international plane, the vis a vis; but on the other hand, there can be a collective non-recognition, making it impossible for the applicant to establish diplomatic relations whit the States that were recognized as that.

Collective recognition and non-recognition

Importance of the elements of the State

- These elements collectively contribute to the stability and functionality of a state, ensuring that it can provide security, justice, and public services to its citizens while participating in the global community. They also play a critical role in shaping a state's political and social identity, as well as its relationships with other states.

- Anonymous, “Self Determination (International law)”, Cornel Law School, Legal information Institute. self determination (international law) | Wex | US Law | LII / Legal Information Institute (cornell.edu) - Anonymous, “El Estado Moderno: Soberanía, Población y Territorio”. Biblioteca Jurídica Virtual del Instituto de Investigaciones Jurídicas UNAM. 6.pdf (unam.mx) - Frederick, Diana. “¿Qué es un Estado?”. Enciclopedia Económica. 2023. ¿Qué es un Estado? - Características, elementos y funciones (enciclopediaeconomica.com) - Grant, J. “5 States: Birth to Death. In International law essentials”, Edinburgh University Press, 2010. someTitle (brightspace.com) - Grant, J. “6 States: Powers and Authority. In International law essentials”, Edinburgh University Press, 2010. 6. States Powers and_Authority (International Law Essentials).pdf

Bibliography

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