STATE AND NATION 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
it is the population
people
the definite
portion of the earth over
which the state’s
jurisdiction extends
territory
the
agency through which the
will of the state is enforced.
Government
is the
supreme, absolute and
uncontrollable power by
which an independent
state is governed
Sovereignty
The state is of
divine creation and the rulers were
ordained by God to rule.
Divine Right Theory
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.
The state was
formed through the enlargement of the family.
Paternalistic Theory.
He
protects them; they support him.
Force or Necessity Theory.
The state was
created when people entered into a voluntary
agreement to live together and to
establish a government
Social Contract Theory.
based on the social contract theory voluntary
agreement to live together is what phase?
social
based on the social contract theory what phase is establish a government
political
The contract calls for the people to support the
state and for the state to protect the people.
social contract theory
If the government becomes corrupt and decadent,
then the people could rise up and overthrow that
government and replace it witha better one
social contract theory
encourages a
revolution if it would result to the betterment of
the state
social contract theory
it is a political concept
state
it is an ethnic concept
nation
e f e r s t o a p e o p l e e x i s t i n g i n a n o r g a n i z e d s o c i e t y ,
i n h a b i t i n g a p o r t i o n o f t h e e a r t h , s p e a k i n g t h e s a m e l a n g u a g e ,
h a v i n g t h e s a m e c u s t o m s , p o s s e s s i n g t h e s a m e h i s t o r i c
c o n t i n u i t y a n d d i s t i n g u i s h e d f r o m o t h e r g r o u p s b y t h e i r r a c i a l
o r i g i n s a n d c h a r a c t e r i s t i c s , a n d g e n e r a l l y l i v i n g u n d e r o n e
g o v e r n m e n t a n d s o v e r e i g n t y
nation
T/F: state can exist without nation
F
T/F; Nation can exist without state
T
p r o p e r l y r e f e r s t o a s t a t e w h o s e t e r r i t o r i a l e x t e n t
c o i n c i d e s w i t h t h a t o c c u p i e d b y a d i s t i n c t n a t i o n o r p e o p l e , o r a t
l e a s t , w h o s e p o p u l a t i o n s h a r e s a g e n e r a l s e n s e o f c o h e s i o n a n d
a d h e r e n c e t o a s e t o f c o m m o n v a l u e s .
Nation-state
examples of nation-state
Sweden
denmark
finland
portugal
japan
korea
T/F:A nation could be living in many states
T
T/F: A State can be
composed of many nations.
T
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 .
Right 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
ased 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
in Anglo-American law, the absolute and
complete ownership of land, or the land itself which is so owned
DOMAIN
is the fullest and most superior right of property in land.
DOMAIN
refers to the power of a state to affect persons,
property, and circumstances within its territory.
JURISDICTION
oldest method of acquiring
title to territory
DISCOVERY
not sufficient to establish
legal title;
BECAUSE THE AREA must be
physically occupied
DISCOVERY
If a state has made a settlement, it has a right to assume sovereignty over all adjacent vacant territory, which is necessary to the integrity and security of the settlement.
Hinterland doctrine or principle of continuity
is the
intentional acquisition by a
state over a territory which
at the time of claim not
under the sovereignty of any
state.
Occupation
territory subject of claim
must not be under the
sovereignty of any state
terra nullius
state claiming the territory must have exercised
immediate occupation
corpus occupandi
intention to occupy
animus occupandi
means continued occupation over a long
period of time by one state of territory actually and originally
belonging to another state.
prescription
importance of international arbitration in resolving disputes between nations peacefully
prescription
requirements of prescription
- actual sovereignty
- possession must be for
a long period of time - the possession must be
public - the possession must be
peaceful and uninterrupted
T/F: any protest or
objection by the losing state
destroys the peaceful display
of authority of the claiming
state thus not allowed for prescription
T
Is the transfer of
territory usually by treaty
from one state to another
CESSION
T/F: Concomitant OR ALONGSIDE of transfer of
territory is the transfer of
sovereignty from the owner
state to another state
T
T/F: CESSION IS A BILATERAL TRANSACTION
T
T/F: THE PARTIES INVOLVED IN THE CESSION ARE NEITHER STATES
F
may also be in the
form of exchange of
territory
CESSION
May be in the form gift
or donation or devise.
cession
is acquiring
territory by the use of force.
conquest
t/f: The
practice before was after
conquest, the conqueror
annexed the conquered territory
to his state
T
conquest first takes place
followed by ____
annexation
the establishment of ______ conquest
is no longer acceptable in the
international community.
UN
is the
attainment of sovereignty
over new land due to slow
movement of natural forces.
Accretion
if the
natural forces happened
suddenly, like creation of
an island in territorial
waters due to volcanic
eruption, it is referred as
avulsion.
is the
process of creating
new land from oceans,
riverbeds, or lake beds.
RECLAMATION
UNCLOS
UNITED NATIONS CONVENTION ON THE LAW OF THE SEA
EEZ
EXCLUSIVE ECONOMIC ZONE
T/F: UNCLOS ADDED THAT IN ORDER TO RECLAIM A TERRITORY IT MUST HAVE NATURAL RESOURCES AND CAN SUPPORT LIFE
T
FACTORS THAT AFFECT STATE POWER:
AREA AND LOCATION
CLIMATE AND NATURAL RESOURCES
SIZE AND EQUALITY OF POPULATION
EVENTS IN HISTORY
INSTITUTION AND POLICIES
alliances and other factors such as international prestige, military
strength
acquisition of territory which is legal under the international law
purchase
cession
exchange of territory between states
EEZ extends up to 200 nautical miles (370.4 kilometers) from the baseline.
International Recognition
