State Flashcards
It is a political/legal group; refers to a community of persons more or less numerous, permanently occupying a definite portion of territory, having a government of their own and enjoying freedom from external control.
State
What are the 4 elements of the state?
> People
Territory
Government
Sovereignty
This element of the state is also known as population or inhabitants.
People
What are the required characteristics of people for it to become a state?
a. Enough number to perform the functions of the state
b. Self-perpetuating; it should have the capacity to procreate to sustain its existence
This element of the state refers to the portion of earth occupied and inhabited by the people. It should be permanent and specific in its dimension.
Territory
What organization was created to define the rights and responsibilities of countries over their territories?
the United Nations Convention on the Law of the Sea (UNCLOS)
What are the 3 components of territory?
> Aerial Domain
Terrestrial domain
Fluvial and maritime domain
This component of territory refers to air space above the land and the waters
Aerial Domain
This component of territory refers to fixed portion of the land over which the jurisdiction of the state extends
Terrestrial Domain
This component of Territory refers to bodies of water within, between, and around the lands
Fluvial and maritime domain
What are the 5 ways of acquiring territory?
> Discovery and occupation
Prescription
Subjugation and Annexation
Cession
Accretion
This is the oldest method of acquiring territory; intentional acquisition of the territory which is not owned by any state
Discovery and occupation
This method of acquiring territory continued occupation by state of a territory over a long period of time; there is no standard year for prescription but scholars argue that prescription should last for 50 years.
Prescription
This method of acquiring territory is done by the use of force; it is manifested in conquest or colonization. Conquered territories are annexed by the conquerors to his/her state.
Subjugation and Annexation
This method of acquiring territory involves transfer of territory usually by treaty from one state to another; it may also be in the form of exchange of territory or in the form gift or donation or devise.
Cession
This method of acquiring territory refers to adding portions of territory through human labor or natural activity (avulsion).
Accretion
This element of the state is a mechanism of the state, through which the will of the people is expressed, formulated, and carried out; it is the “working arm” of the state.
Government
This element of the state refers to the ability of the state to self-rule or to govern itself and is free from any foreign control.
Sovereignty
What are the two types of Sovereignty?
- Internal Sovereignty (Domestic)
- External Sovereignty (International)
This type of Sovereignty refers to the ability to enforce rules and policies within its territory or jurisdiction.
Internal Sovereignty (Domestic)
This type of sovereignty is also known as independence, it is the freedom of the state from external control.
External sovereignty (international)
What are the two elements of sovereignty?
- Dominium
- Imperium
This element of sovereignty refers to the ability of the state to own and acquire lands and resources within its territory.
Dominium
This element of sovereignty refers to the ability of the state to enforce its will on the people.
Imperium
What are the 4 theories on the origin of the state?
> Divine Origin Theory
Force Theory
Evolution Theory
Social Contract Theory
This theory on the origin of the state is the oldest theory of the state; believes that the state was God’s creation and the leaders of the state (such as the kings) were appointed by God. It is the basis of the divine rights of the monarchs.
Divine Origin Theory
This theory on the origin of the state asserts that the state was a product of continuous warfare and conquest; the conquerors become the leaders while the conquered become the subordinates.
Force Theory
This theory on the origin of the state believes that the state came from families that group into bigger groups of people such as tribes and community.
Evolution theory
This theory on the origin of the state stipulates that the state is create as a result of man’s entering into a contract which lessens his freedom and privileges and in return will provide the man of what he needs.
Social Contract Theory
What are the 5 elements of a nation?
- Shared Similarities
- Feeling of Community
- Polystate nation and multinational state
- Nation-state
This element of a nation refers to the commonalities in demographic characteristics such as language, descent, and religion, or may be common culture or historical experiences.
Shared Similarities
This element of a nation involves people in a group who perceive that their shared similarities binds them together into one unified entity. This makes the people still connected even though they were dispersed into the different areas or regions of the earth. An example of this are the OFWs.
Feeling of Community
What is an example of a polystate nation?
The Arab nation which consists of several states, such as Saudi Arabia, Yemen, Egypt, Sudan, Jordan, Iraq, Iran, Kuwait and United Arab Emirates.
What is an example of a multinational state?
The United States of America which is a state and not a nation but it consists of several nations such as Caucasian, African, Chinese and Indian nations.
This element of a nation refers to the integration of the state and the nation. Therefore, this element would exist if nearly all the members of a single nation were organized in a single state. As an entity, its strength relies on the fusion of both the cultural and political aspects.
Nation-state