lesson 2: Fundamentals of the State Flashcards
derives from the fact that ie means both ruler and people
state
comprises the Philippine archipelago, with all the islands and waters embraced therein
national territory of the Philippines
UNCLOS
united nations convention on the law of the seas
cover all water and waterways on the landward side of the baseline
internal waters
is set out to 12 nautical miles from the baseline, the coastal state is free to set laws, regulate use, and use any resource
territorial waters
passing through waters in an expeditious and continuous manner which is not prejudicial to the peace, good order or the security of the coastal state
innocent passage
the submerged border of a continent or
island, varying with and degree of slope, which separates the land mass from the
ocean depths.
insular shelves
Extending to a distance of 200 nautical miles from the baseline. Within this area, the coastal nation has sole exploitation rights over all natural resources.
exclusive economic zone (eez)
extends beyond the 12 nautical mile limit there was a further 12 nautical miles or 24 nautical miles from the territorial sea baseline limit,
contiguous zone
Imaginary straight lines are drawn joining the outermost points of the outermost islands of the archipelago, enclosing an area the ratio of which should not be more than 9:1 (water to land);
straight baseline method
community of persons, more or less numerous, permanently occupying a definite portion of territory, independent of external control, and possessing a government to which a great body of inhabitants render habitual obedience
state
group of people bound together by certain characteristics such as
common social origin, language, customs and traditions, and who believe that they
are one and distinct from others.
nation
only the instrument through which the will of the state is expressed.
government
defined as the power of promoting the public welfare by restraining and
regulating the use of liberty and property
police power
It is the government’s coercive authority, upon just compensation, to forcibly
acquire a property to devote it to public use.
power of eminent domain
power to raise revenues
power of taxation
4 essential elements of state
people
territory
sovereignty
government
refers to the inhabitants of the State.
people
portion of the earth’s surface permanently inhabited by the
people of the state composed of terrestrial, fluvial, maritime and aerial
domains.
territory
supreme power of the state to command and enforce obedience to its will from people within its jurisdiction and corollarily to have freedom from foreign control
sovereignty
two kinds of sovereignty
internal and external
it is the power to control and direct the internal affairs of a country such as the authority to enact, execute and apply laws.
internal sovereignty
– it is the power of an independent State to control and direct its external affairs such as the authority to enter into treaties with other state, to wage war, and to receive and send diplomatic missions.
external sovereignty
agency or instrumentality through which the will of the state is formulated, expressed, and realized
government
