Prelim Flashcards
is a community of persons more or less numerous,
permanently occupying a definite portion of territory, having a government to which the great majority of people render obedience and enjoys freedom or sovereignty from external control.
State
Elements of State
People
Territory
Government
Sovereignty
portion of the earth over which the state’s jurisdiction extends.
Territory
agency through which the will of the state is enforced.
Government
the supreme, absolute and uncontrollable power by which an independent state is governed.
Sovereignty
Based on this theory state is of divine creation and the rulers were ordained by God to rule.
Theory of divine right
Dictators throughout history used this theory to
justify their tyrannical rule.
Divine right theory
The state was created when some strong warrior imposed his will on the other members of the community.
Force or Necessity Theory
state was formed through the enlargement of the family
Paternalistic Theory
The state was created when people entered into a voluntary agreement to live together (the social phase) and to establish a government (the political phase).
Social contract theory
T/F
State is a political concept
T
T/F
Nation is an ethical concept
T
refers to a people existing in an organized society, inhabiting a portion of the earth, speaking the same language, having the same customs, possessing the same historic continuity and distinguished from other groups by their racial origins and characteristics, and generally living under one government and sovereignty.
Nation
refers to a state whose territorial extent coincides with that occupied by a distinct nation or people, or at least, whose population shares a general sense of cohesion and adherence to a set of common values.
Nation-state
T/F
A State can exist without people; A nation can’t exist stateless.
F (can’t, can)
T/F
A nation could not be living in many states
F (could)
T/F
State can be composed of many nations.
T
Rights of state
Existence and self defense
Independence
Equality
Legation
Property and domain
Acquire territory and increase domain
Jurisdiction
the right of a state to use force against an aggressor state when and to the extent it appears to it and it reasonably believes that such conduct is necessary to defend itself from such aggressor’s imminent or act of unlawful force .
Rifght of existence and self defense
It is the right of a state to be free from dependence, dictation, subjection, control and intervention of another state or exterior power.
Right of Independence
based on the doctrine that states are equal as international persons regardless of differences in size, population, power, degree of civilization etc.
Right of Equality
it is the right of a state to enter into diplomatic relations with other states by receiving and sending diplomatic representatives.
Right of legation
fullest and most superior right ofpropertyin land
Domain
refers to the power of a state to affect persons, property, and circumstances within its territory.
Jurisdiction