STATE AND NATION Flashcards

(62 cards)

1
Q

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

A

State

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2
Q

Elements of State

A

People
Territory
Government
Sovereignty

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3
Q

it is the population

A

people

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4
Q

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

A

territory

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5
Q

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

A

Government

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6
Q

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

A

Sovereignty

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7
Q

The state is of
divine creation and the rulers were
ordained by God to rule.

A

Divine Right Theory

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8
Q

Dictators throughout
history used this theory to
justify their tyrannical rule

A

Divine Right Theory

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9
Q

The
state was created when some strong
warrior imposed his will on the other
members of the community.

A

Force or Necessity Theory.

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10
Q

The state was
formed through the enlargement of the family.

A

Paternalistic Theory.

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11
Q

He
protects them; they support him.

A

Force or Necessity Theory.

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12
Q

The state was
created when people entered into a voluntary
agreement to live together and to
establish a government

A

Social Contract Theory.

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13
Q

based on the social contract theory voluntary
agreement to live together is what phase?

A

social

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14
Q

based on the social contract theory what phase is establish a government

A

political

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15
Q

The contract calls for the people to support the
state and for the state to protect the people.

A

social contract theory

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16
Q

If the government becomes corrupt and decadent,
then the people could rise up and overthrow that
government and replace it witha better one

A

social contract theory

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17
Q

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

A

social contract theory

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18
Q

it is a political concept

A

state

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19
Q

it is an ethnic concept

A

nation

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20
Q

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

A

nation

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21
Q

T/F: state can exist without nation

A

F

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22
Q

T/F; Nation can exist without state

A

T

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23
Q

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 .

A

Nation-state

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24
Q

examples of nation-state

A

Sweden
denmark
finland
portugal
japan
korea

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25
T/F:A nation could be living in many states
T
26
T/F: A State can be composed of many nations.
T
27
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-
28
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
29
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
30
It is the right of a state to enter into diplomatic relations with other states by receiving and sending diplomatic representatives.
Right of legation
31
in Anglo-American law, the absolute and complete ownership of land, or the land itself which is so owned
DOMAIN
32
is the fullest and most superior right of property in land.
DOMAIN
33
refers to the power of a state to affect persons, property, and circumstances within its territory.
JURISDICTION
34
oldest method of acquiring title to territory
DISCOVERY
35
not sufficient to establish legal title; BECAUSE THE AREA must be physically occupied
DISCOVERY
36
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
37
is the intentional acquisition by a state over a territory which at the time of claim not under the sovereignty of any state.
Occupation
38
territory subject of claim must not be under the sovereignty of any state
terra nullius
39
state claiming the territory must have exercised immediate occupation
corpus occupandi
40
intention to occupy
animus occupandi
41
means continued occupation over a long period of time by one state of territory actually and originally belonging to another state.
prescription
42
importance of international arbitration in resolving disputes between nations peacefully
prescription
43
requirements of prescription
1. actual sovereignty 2. possession must be for a long period of time 3. the possession must be public 4. the possession must be peaceful and uninterrupted
44
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
45
Is the transfer of territory usually by treaty from one state to another
CESSION
46
T/F: Concomitant OR ALONGSIDE of transfer of territory is the transfer of sovereignty from the owner state to another state
T
47
T/F: CESSION IS A BILATERAL TRANSACTION
T
48
T/F: THE PARTIES INVOLVED IN THE CESSION ARE NEITHER STATES
F
49
may also be in the form of exchange of territory
CESSION
50
May be in the form gift or donation or devise.
cession
51
is acquiring territory by the use of force.
conquest
52
t/f: The practice before was after conquest, the conqueror annexed the conquered territory to his state
T
53
conquest first takes place followed by ____
annexation
54
the establishment of ______ conquest is no longer acceptable in the international community.
UN
55
is the attainment of sovereignty over new land due to slow movement of natural forces.
Accretion
56
if the natural forces happened suddenly, like creation of an island in territorial waters due to volcanic eruption, it is referred as
avulsion.
57
is the process of creating new land from oceans, riverbeds, or lake beds.
RECLAMATION
58
UNCLOS
UNITED NATIONS CONVENTION ON THE LAW OF THE SEA
59
EEZ
EXCLUSIVE ECONOMIC ZONE
60
T/F: UNCLOS ADDED THAT IN ORDER TO RECLAIM A TERRITORY IT MUST HAVE NATURAL RESOURCES AND CAN SUPPORT LIFE
T
61
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
62
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