Lecture 6 Flashcards
Definiton of state
a body of people that is politically organized, occupies a clearly defined territory and it is sovereign, pursuing mutual safety and common advantages, accordingly to some fundamental principles, and establishing a specific legal and institutional system= body politic
A state cannot exist without ensuring a certain degree of safety and security.
A state might exist but not being recognized by other states= impossibility of exercising international relations
STATE= TERRITORIAL ENTITY
State’s territory: land
Inner rivers, lakes and archipelagic isles, subsoil with unlimited depth and the resources that come along with it
State’s territory: territory
12 miles from the coastline is still national territory– exception: vessels with civilians on it and other things not representing a menace to the state can pass through. If a crime is commited on a ship, then the person will be trialed in the country to whom the ship belongs
State’s territory: contiguous zone
24 miles from the coastline– sovereignty decreases and states can act only for preventive purposes (taxation, customs, immigration and so)
State’s territory: continental shelf
200 miles from the coastline– a state can exercise territorial rights regarding subsoil resources, meaning the extraction of resources
State’s territory: airspace
70km up in the atmosphere– limit can be surpassed by civilian airplanes
State’s territory: embassies, vessels and aircrafts
These too are considered national territories according to the flag they present
Definition of people
A people is defined based on the ownership of citizenship, by which a person is legally considered part of the population of a nation.
States shall take initiative and bring forward policies to prevent statelessness.
States must recognize human rights even to stateless people.
EU recognizes EU citizenship to those born in a country which is part of the EU.
People: birthright
- ius soli: if one is born in the national territory
- ius sanguinis: determined by the parents’ nationality
The way the criteria for citizenship is established is a purely political choice
People: naturalization
- ius connubii: if one marries a person of another nationality
- ius culturae: if one concluded a particular educational program that permits him to apply for citizenship
- permanent residency
- serving in the military or the national public offices or by special merits
People: loss of nationality (+ only requisite to be able to revoke it)
- serving in a foreign army or foreign public offices (after intimation by the state to do not)
- permanent residency abroad (upon request)
- serious crimes against the state: citizenship can be repealed only after the final judgement and if the person has double citizenship
Sovereignty
= political power to rule and govern the people of the territory
In order to gain sovereignty a state has to satisfy both:
- international legal independence “superiorem non recognoscens”: states at international level are put on an equal level and in a state of independence so that they recognize no authority superior to themselves
- internal legal supremacy “imperium”: a state must possess the monopolistic position over the institutional and the legal system of the territory
Form of state: Autocracy; absolutist feature
- pessimistic view of the “state of nature”
- no separation of powers and no peple’s sovereignty. All powers and sovereignty belong to the monarch “princeps legibus solutus est”
- Mercantilism
- Bureaucracy, army and institutions are under the control of the monarch
- no right is considered unalienable, thus the state is bound to nothing
- State’s (monarch’s) only aim= preserve and increase the state’s power
Forms of state: Autocracy; enlightened absolutism feature (education, codification, recognition, welfare, economy)
- enlightened nature of the monarch
- Mercantilism
- codification of some laws (laws being written down) for the better understanding of them by the peasants, to make them certain and rational
- recognition of certain and limited rights in respect of the officials
- concern about citizens’ welfare according to the paternalistic view of the monarch
Forms of state: Autocracy; authoritarian feature
- no separation of powers and concentration of them into a single person, a single party or a Junta
- limitation of individual rights
- interference of the state in many aspects of private life
- state’s sovereignty represented by a Junta, single person or a single party
- the executive controls the bereaucracy and the judiciary
- no representative bodies
