Elements of State

Question 1

Essential Elements of State

Answer 1

1. People
2. Territory
3. Sovereignty
4. Government
5. International Recognition
6. Degree of Civilization

Question 2

Refers to the inhabitants or population of a particular territory

Answer 2

• People

Question 3

How many specific number required in terms of people population?

Answer 3

• no specific number required
• the population must be sufficient

Question 4

A definite portion of the surface of the earth which is the subject of the jurisdiction
and sovereign rights of a state in accordance with the international law.

Answer 4

• Territory

Question 5

Territorial Domains

Answer 5

a. Terrestrial (land)
b. Fluvial (water)
c. Aerial (air).
d. Maritime (aquatic life)

Question 6

In the case of archipelagic states this territorial sea stretches to ________ from the coastlines to the open sea.

Answer 6

• 12 miles (19 kms)

Question 7

Ways to Acquire A Territory

Answer 7

a. Discovery and Occupation
b. The Doctrine of Continuity\
c. The Principle of Res Nulius

Question 8

The means by which a state can acquire territory in international law are conquest, cession by agreement, occupation of land which belongs to no state (terra nullius), and prescription through the continuous exercise of sovereignty.

Answer 8

• Discovery and Occupation

Question 9

Principle in international law that states that even if a country undergoes changes in its government, territory, or is occupied by another military force, it still exists as a country and cannot be extinguished.

Answer 9

The Doctrine of Continuity

Question 10

Roman lawmeaning “things belonging to no one”; that is,property not yet the object of rights of any specific subject.

Answer 10

The Principle of Res Nullius

Question 11

A person can assume ownership of res nullius simply by taking possession of it (________)

Answer 11

(occupatio)

Question 12

The supreme power to command and enforce obedience, the power to which,
legally speaking, all interests subdue and all wills subordinate.

Answer 12

• Sovereignty

Question 13

Two Aspects of Sovereignty

Answer 13

(1) Internal Sovereignty
(2) External Sovereignty

Question 14

The supreme or absolute power of a state to enforce its will on the people within its territory

Answer 14

Internal Sovereignty

Question 15

Refers to the independence of a state from
control by any other state.

Answer 15

External Sovereignty

Question 16

Attributes of Sovereignty

Answer 16

a. Perpetuity
b. Exclusiveness
c. Absolutism
d. Inalienability
e. Unitary/ Unity

Question 17

• meaning that it does not have an expiration date or temporary existence.
• It remains continuous as long as the state or political entity exists, providing stability and continuity in governance.

Answer 17

Perpetuity

Question 18

• The sovereign power is exclusive prerogative of the state and is not shared by it with any other authority or group
• In the state there can be only one sovereign who can legally compel obedience from all persons and associations within its jurisdiction
• There cannot exist another sovereign state within the existing sovereign state

Answer 18

• Exclusiveness

Question 19

• there is no legal power within the state or outside the state superior to it
• the authority of the sovereign is not subject to any internal or external limitations
• he is absolute and unlimited the sovereign is entitles to do whatever he likes

Answer 19

• Absolutism

Question 20

• we mean that the state cannot part with its sovereignty
• the sovereign or the sovereign state does not remain “if the sovereign or the state transfers his or its sovereignty to any other person or any other state

Answer 20

• Inalienability

Question 21

• Sovereignty is indivisible and unitary, meaning it resides in one supreme authority within the state.
• While power can be decentralized or delegated, the ultimate authority is unified and concentrated in a central government, which ensures coherence in law and governance.

Answer 21

Unitary/ Unity

Question 22

An institution or aggregate of institutions by which an independent society makes
and carries out those rules of action necessary to enable men to live in a social
state, or that which are imposed upon the people by those who possess the
power or authority of prescribing them.

Answer 22

Government

Question 23

Classification of States
1. DeJure
2. DeFacto

Answer 23

International Recognition

Question 24

Recognized that promotes the welfare of people

Answer 24

DeJure

Question 25

Illegal or not recognized because it uses bad methods or abuses power or the illegal conception of a state

Answer 25

DeFacto

Question 26

- Without this it is savagery/barbaric - Determines if the state is Civilized

Answer 26

Degree of Civilization

Question 27

Niccolo Machiavilli’s Principles

Answer 27

1. Political Expediency 2. Diplomatic Duplicity

Question 28

- importance of pragmatism over idealism in politics - refers to the notion that rulers should prioritize practical and effective solutions to maintain power and stability, even if those solutions involve morally questionable actions. - argues that the ends (preserving power and order) justify the means, implying that rulers must be flexible, adapt to changing circumstances, and act in ways that serve their immediate political goals, even if it means compromising ethical standards.

Answer 28

- Political Expediency

Question 29

- advocates for the use of cunning and deception in diplomacy. - advises rulers to be shrewd and, when necessary, engage in duplicity or dishonesty to protect their interests and outmaneuver opponents. - appearances matter more than genuine intentions, and being perceived as trustworthy is often more important than actually being so.

Answer 29

- Diplomatic Duplicity

Question 30

Archipelagic Doctrine

Answer 30

1. Outermost Islands 2. Canon Shot Rule

Question 31

- Under the Archipelagic Doctrine, an archipelagic state can draw straight baselines connecting the outermost points of its outermost islands. These baselines are used to measure the state's territorial sea, exclusive economic zone (EEZ), and other maritime zones. - The waters enclosed by these baselines are considered internal waters, allowing the state to exercise sovereignty over them. However, provisions must be made for archipelagic sea lanes to ensure that ships from other nations can pass through under the right of innocent passage.

Answer 31

- Outermost Islands

Question 32

- a historical maritime concept dating back to the 17th century. It refers to the idea that a state’s territorial waters should extend as far as a cannon could fire from the shore, which was about three nautical miles. - Although this rule is largely obsolete due to modern advancements in maritime law, it laid the groundwork for the contemporary definition of territorial waters. Under modern UNCLOS guidelines, territorial seas extend up to 12 nautical miles from a state’s baseline.

Answer 32

Canon Shot Rule