Elements of the State

Elements of the State

• Authors differ on elements: some say they're constitutive, others say determining; some are simply social
• The author will use the generic term "elements" to encompass this field

List of State Elements

• Traditional doctrine: population, territory, public power/authority. Consensus on population & territory, but terminology varies ("people" or "Nation" are sometimes used), terminology is sometimes not precise
• Carré de Malberg: element is public power
• Burdeau: element is consent to power
• Xifra: element is autonomous power
• Duguit: distinction between rulers and ruled
• Some add a fourth element: the economic, social, political, and legal order (A. Hauriou) or the end pursued by the State (Groppali & Porrúa Pérez).
• However the the author will add the "recognition of sovereignty by other States"

Population (Human Element)

• Conglomerate of society, politically and legally constituted, basis of the organization
• Composed of people who pursue individual and collective goals
• Can be considered a human and sociological element, the population must coexist
• Solidarity manifests from first social entities (family, horde, clan, tribe;) to cities, and to modern provinces/countries under a king
• Modern sentiment crystallized around the idea of the Nation, a national sentiment
• In modern State, "Nation" becomes more important, thus we must go deeper into its concepts: society, population, town and nation

Distinguishing Terms

• Society: broad term, a reunion of people whose nature is to be social
• Population: group of people in a defined territory (State) of nationals/foreigners, residents/travelers, all subject to State's constitutions and laws
• Town: more restricted, refers to population with political rights, who elect the government
• Nation: societal evolution, the act of being tied together in solidarity with common destiny

First Social Organizations

• Social organizations existed long before political ones
• The organizations conditioned to their ways over millennia, from families to kin
• These were
  • Family: basic social construct, develops from evolution of humankind
  • Clan
  • Tribe

Stages of Human Evolution

• English anthropologist Lewis H. Morgan described three stages of human evolution: savagery, barbarism, civilization.
• Salvagery: includes inferior, middle, and superior stages.
  • inferior: men lived in forests, ate fruits, and lacked exploitation
  • middle: Paleo-lithic, men used stone tools to hunt and fish
  • high: Neo-lithic, man uses tools for hunting and fishing, dominates nature, begins construction
• Barbarism: includes inferior, middle, and superior stages
  • inferior: pottery and handcraft
  • middle: farmer/sheperd life
  • high: iron-working civilization
• Civilization: implied real revolution where agriculture boomed, towns arised, progresses in the arts

Idea of a Nation

• Modern nations show infinite complexity and diversity of influences
• They begin from ancient world, from the feudal system

Population Conformity

• Population entails all in its boundaries (residents etc), almost all institutions dictate requirements
• Obligations and Rights: All inhabitants are held to the same set of laws and are submitted to them equally

Nationality

• No agreement among scholars as to how to consider nationality
  • Some: the tie between a person and a nation
  • Others: legal link between person and state
  • Some: agreement of wills
  • Others: unilateral imposition of a State
• It should be separate from a nationality, a political affiliation to a State

National Determination - Three Systems Generally

• Ius sanguinis: nationality comes from parents, common amongst Europe
• Ius soli: nationality determined by place of birth; adopted by a lot of Latin American countries early to boost population
• Ius domicile: nationality depends on habitual residence

National Citizens

• General Terms: Citizens are regarded as national due to where their family lives, and where they are domiciled
• A country determines via birth what parameters the citizen must live by
• There are natural and adaptive forms of a citizen depending on where their birth lies
• Adoptive, all the countries on earth recognize the origin of a citizen; all enjoy similar rights apart from a few exceptions

Citizenship

• Citizenship is the quality people gain when the reach a certain age
• There is possibility of becoming a higher citizen when you reach a certain age (Elected official etc)
• Penalties under the law remove citizenships
• Foreigners : those without state given nationalities; some rights removed to foreigners

The Territory of the State

• Study what the territory is as it houses population, and where power of the state are exerted
• It serves as a limited reference point

Need For Territory

• Only in modern times has there been a need for defining the Territory itself
• Without a territory there cant be a state; variations, borders etc
• Fundamentally there is an area of state where state and power reside

The Role it Fulfils

• Subject territory; element of state with full personification
• Object territory: Rights of the area that constitute dominion or property
• Limit Territory: limit in which States power is expressed

Functions Undertaken

• Firstly, the notation of BURDEAU implies a writing of nations realities
• Secondly, its the statehood nature of territory is one for dependence
• Thirdly, a territory to the State is seen as being to ensure rights

The Components

• From the start the the nocion of territory circumnavigated the area for the state to exercise dominion over it
• Different States are not part of earth surface more conos whose vertex lay centre
• The territory of the state is an area tht expands length width height

Types of Soil

• Air Space and Maritimes, the soil is the main component
• Malburg said national comjnity not ok unless the soul affirmed is dependent

Modern Vision

• Importance to view territory where a larger economic area can be established
• All must enjoy their riches and natural resources
• Arial space is important