State

Question 1

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.

Answer 1

A State

Question 2

Elements of a state

Answer 2

People, territory, government, sovereignty

Question 3

– the definite portion of the earth over which the state’s jurisdiction extends.

Answer 3

Territory

Question 4

– the agency through which the will of the state is enforced.

Answer 4

Government

Question 5

– is the supreme, absolute and uncontrollable power by which an independent state is governed.

Answer 5

Sovereignty

Question 6

The state is of divine creation, and the rulers were ordained by God to rule. Dictators throughout history used this theory to justify their tyrannical rule.

Answer 6

Divine Right Theory.

Question 7

The state was created when some strong warrior imposed his will on the other members of the community. He protects them; they support him.

Answer 7

Force or Necessity Theory.

Question 8

The state was formed through the enlargement of the family.

Answer 8

Paternalistic Theory.

Question 9

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).

Answer 9

Social Contract Theory.

Question 10

encourages a revolution if it would result to the betterment of the state.

Answer 10

Social Contract Theory.

Question 11

Difference between state and nation

Answer 11

1. A state is a political concept, while a nation is an ethnic concept.
2. A state can’t exist without people; a nation can exist stateless.
3. A nation could be living in many states; A State can be composed of many nations.

Question 12

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.

Answer 12

Nation

Question 13

properly 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.

Answer 13

Nation-state

Question 14

• 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 .

Answer 14

Right of existence and self defense

Question 15

It is the right of a state to be free from dependence, dictation, subjection, control and intervention of another state or exterior power.

Answer 15

Right of Independence

Question 16

• based on the doctrine that states are equal as international persons regardless of differences in size, population, power, degree of civilization etc.

Answer 16

Right of Equality

Question 17

• it is the right of a state to enter into diplomatic relations with other states by receiving and sending diplomatic representatives.

Answer 17

Right of legation

Question 18

• it is the right of a state to enter into diplomatic relations with other states by receiving and sending diplomatic representatives.

Answer 18

Right of legation

Question 19

fullest and most superior right ofpropertyin land.

Answer 19

Domain

Question 20

refers to the power of a state to affect persons, property, and circumstances within its territory.

Answer 20

Jurisdiction

Question 21

Rights of a state

Answer 21

Right of existence and self defense
Right of Independence
Right of Equality
Right of legation
The Right of Property and Domain
The Right to Acquire Territory and Increase of Domain
The Right of Jurisdiction

Question 22

Modes of acquiring territory

Answer 22

Discovery
Occupation
Prescription
Cession
Conquest
Accretion
Reclamation

Question 23

oldest method of acquiring title to territory;

Answer 23

Discovery

Question 24

the intentional acquisition by a state over a territory which at the time of claim not under the sovereignty of any state.

Answer 24

Occupation

Question 25

2 requirements for occupation

Answer 25

(1) the territory subject of claim must not be under the sovereignty of any state (terra nullius);
(2) the state must have effectively occupied the territory, that is, the state claiming the territory must have exercised immediate occupation (corpus occupandi) on the territory after it displayed its intention to occupy (animus occupandi).

Question 26

means continued occupation over a long period of time by one state of territory actually and originally belonging to another state.

Answer 26

Prescription

Question 27

4 requirements for prescription

Answer 27

1) the possession must be exercised in the form of actual exercise of sovereign authority;
2) the possession must be for a long period of time;
3) the possession must be public; and
4) the possession must be peaceful and uninterrupted.

Question 28

the transfer of territory usually by treaty from one state to another.

Answer 28

Cession

Question 29

acquiring territory by the use of force. The practice before was after conquest, the conqueror annexed the conquered territory to his state.

Answer 29

Conquest

Question 30

is the attainment of sovereignty over new land due to slow movement of natural forces. Example of this is the gradual movement of a river bed.

Answer 30

Accretion

Question 31

the natural forces happened suddenly, like creation of an island in territorial waters due to volcanic eruption, it is referred as

Answer 31

avulsion

Question 32

is the process of creating new land from oceans, riverbeds, or lake beds.

Answer 32

Reclamation

Question 33

Factors that affect state power

Answer 33

1. Area & location
2. Climate and natural resources
3. Size and quality of population
4. Events in history
5. Institutions and policies
6. alliances and other factors such as international prestige, military strength, etc.