State Theory Study Notes

• Study notes on State Theory

The State

• The State is a social construct formed by associated people with a common goal.
• The State is a fundamental political entity; political action aims to achieve a shared goal related to power.
• The State is complex.
• Fréderic Bastiat: The State ensures justice and security for all.
• A cause of revolution: unfulfilled state promises.

Political Organizations

• Greece: Cradle of Western culture.
• Athens: Known for wisdom.
• Sparta: Known for military strength.
• Polis: A city-state with limited political scope.
• Roma:
  • Civitas: The city's territorial extension.
  • Res publica: Common affair of all people.
  • República: Form of government in the political community.
  • Imperium: Empire.

Elements of the State

• Population.
• Territory.
• Government.

State According to Santo Tomás

• The State is a social fact.
• The State is a reality.
• The State involves a relationship between rulers and the ruled.
• The State is a natural and immense living organism.
• The State is a moral organism.
• The State is a legal entity.
• Individuals in a state have rights and obligations.

Causes of the State

• Efficient Cause: Driving force reflecting the social spirit of man.
• Material Cause: Territory and people.
• Formal Cause: The power that shapes the state, requiring coherence & order.
• Final Cause: Pursuit of the "common good".
• The State combines principles, causes, and elements.

Classes of Beings in the State

• Sensible Beings: Organic and inorganic entities.
• Suprasensible Beings: Metaphysical entities beyond perception, like "God."
• Psychological Beings: Entities within us, such as feelings.
• Ideal Beings: Human mental representations like numbers.
• Cultural Beings: Human creations and objects made by people.
• The State is a cultural being, a human creation aimed at the "common good" and resulting from power.

Elements of the State

• Population.
• Territory.
• Government or power.

Population

• Population: Total inhabitants.
• Population: A group of rational, free people forming the State.
• The State is a people grouping.
• A person for Santo Tomás: The most perfect product of human nature.
  • Material aspect: Physical part.
  • Spiritual aspect: Intellectual part.
  • Social aspect: Connects us to others.
• Humans are social by nature.
• Personality: The quality that makes each person unique, and the essence of the person.
• Personality grants rights and obligations.
• The State serves people, not vice versa.
• CPRG Art1: Protection of the person.
• CPRG Art2: Duties of the State.
• CPRG Art3: Right to life.
• Person: A rational, free human with rights and obligations.

Perfections of a Person

• Unity: Constructs a unified whole.
• Liberty: Freedom to decide one's destiny.
• Purpose: Tendency to achieve a goal.

Imperfections of a Person

• Limited Intelligence: No one can know everything.
• Weakened Will: Weakness is a notable imperfection.
• Physical Limits.
• Social Need: Dependence on others to progress.
• No specific number of people is needed to form a State. Just enough to organize it.

Population Distribution

• Territorial.
• Homogeneous characteristics.
• Mixed criteria.
• Nationality criteria.

Nationality

• People are distributed by nationality.
• Nationality Definition: A legal relationship between a person and a State.

Law and Nationality

• Three criteria for determining nationality exist:
  • IUS SOLI: By birthplace.
  • IUS SANGUINILI: By blood relation.
  • IUS DOMICILI: By place of residence.

Guatemalan Legislation

• CPRG Art. 144: Origin nationality by birth in Guatemalan territory/vessels; children of Guatemalan parents born abroad.
  • This includes Ius Soli and Ius Sanguinis criteria.
• Article #145: Central American nationality of those from countries formerly in the federation, if they reside in Guatemala and wish to be Guatemalan.
• Articles #146: Naturalization is available to those who follow the law. Naturalized Guatemalans have the same rights as native-born, with constitutional limits.
• Citizenship: The legal and political bond uniting a person with their State
• CPRG: Art147 - Citizenship granted at 18 years old.
• LEPP: Art2 - Citizenship granted to Guatemalans at 18 years old.
• Art4: Suspension of citizen rights possible; By sentence.
• Art5: Citizen rights restored; Serving sentence.
• Art6: Losing/regaining citizenship involves national identity. Regaining gt national identity recovers it

Term Definitions

• The State acts as a vehicle for society's political will.
• The Population is the total number of inhabitants.
• The Pueblo is the body of citizens with political rights, who sustain state sovereignty.
• The Nation shares elements like history, language, territory, culture, and ethnicity, often forming a State.
• The Country is a politically independent territory with its own government and laws.
• Society is an organized group with a shared way of life.

State Requirements

• Fulfills the necessities of its populace.
• Can be viewed as a nation.
• Has inhabitants with shared characteristics.
• Is unified for cooperative purposes.

Territory

• Serves as the seat of its inhabitants.
• Used to obtain resources.
• Needed for legal certainty.
• Application of the law needs a territory.
• For autonomy.
• Variable in extension.
• Requires territory to realize aims.
• Space within which power is exercised.
• For action.
• Territory allows the population to live and grow.
• Source of sustenance.
• Governed by a legal system.

Territorial Spaces

• Land.
• Maritime.
• Aerial.

Land Space

• Territory is the surface of the earth's crust.
• Soil: The surface part.
• Subsoil: Underneath the surface.
• Law of eminent domain: State norms govern people owning parts of the territory, and the State has jurisdiction over what's on it.

Maritime Space

• It Includes all State waters, both interior and surrounding.

Different Maritime Spaces

• Internal waters.
• Territorial sea.
• Contiguous zone.
• Exclusive economic zone.
• Continental platform.
• Governed by Convemar, April 30, 1982.

Interior Waters

• These are waters inside a State, such as lakes, rivers, and streams CPRG, art142. a.

Territorial Sea

• Adjunct sea strip near a State's coast, not above 12 nautical miles.
• It is "The part of the sea attached to the State."

States Rights

• Includes full sovereignty exercise (navigation, fishing, taxes, etc.).

Contiguous Zone

• Sea area beyond territory sea, up to 24 nautical miles from the territorial sea baseline.

State Rights

• States can take measures to prevent customs, tax, immigration, or health infringements.
  • They can stop and check within that area.

Other State Rights

• Innocent passage right, given notice for passage through Guatemalan territory commercial ships, military other terms.

Exclusive Economic Zone

• Area beyond and adjacent to the territorial sea, extending 200 nautical miles from the territorial sea baselines.

State Rights

• For exploration, exploitation, conservation of natural resources.
• For research, energy, and artificial islands.
• Stopping boats with immigrants not allowed; Allowed only in the contiguous zone. Establishing artificial islands and structures for research, protection & preservation of the sea authorized if permissions granted.

Other State Rights

• The right of passage.
• The right to lay cables.

Continental Platform

• Includes seabed and subsoil of submerged areas.
• The coastal strip where the seabed slopes from 0 meters.
• It is independent of the territorial sea.

States Rights

• The right to explore/exploit seabed mineral and non-living resources.

Other States Rights

• Right to lay cables/pipelines and drill in said ribereño state with consent.

High Seas

• Not part of territorial maritime space.
  • International waters with no territorial rights.
• Areas of sea not in the economic zone.
• There is total freedom.
• "The Zone" refers to sea floors, ocean floors, and subsoils outside national jurisdiction.

Air Space

• Airspace is the section of the Earth's atmosphere, both above land and water, controlled by a nation and any treaties that it has in place.
  • Governed by Chicago Convention, 1944.

Airspace Importance

• Maintaining State security and defense.
• Allowing for air transport.
• Maintaining airways.

Airspace Types

• Controlled: With communicating control tower.
• Uncontrolled.
• Special Use.

Entities

• OACI: International Civil Aviation Organization.
• International Aeronautical Federation.
• FAA: Federal Aviation Administration.

Airspace Extension

• Sovereign airspace spans maritime territory water (12 nautical miles)
• Outside this area is international airspace.

Guatemala

• Governed by CPRG, art 121 literal d and art 142 literal a.
• Air Freedoms are established in the Chicago Convention, 1944.
  • Eight freedoms exist.

Technical Freedoms

• First Freedom: Innocent passage or overflight allowed without landing in another State for commercial air transport, Freedom of Overflight.

Commercial Freedoms

• Third Freedom: Disembarkation when passengers, mail, cargo are taken off the aircraft territory. Permits disembarking a Mexican registration to a different country
• Fourth Freedom: Embarkation – commercially transporting people or items from the territory of another state.
• Fifth Freedom: Embarkation and disembarkation is commercially transporting people or items from or to third States only with respect to flights initiated in the home country of the airline.

The Power

• It means imposing our will.
• The capacity to perform a certain action.
• The State should manage and coordinate; Requires power.
• Power facilitates diversity within unity and helps the order itself.
• Political power exists as a structure for overseeing coordinating, managing, and deciding.

Power vs Force

• The State may use force in certain situations and use force to control certain cases.
• Power is using force to do some actions.
• The State can fail to use it whenever necessary.

Power VS Authority

• Power: the obligation the State has to do to your will.
• Authority: to influence without power; is a hierarchy.

CPRG Questions

• Someone with double nationality can run for president, depending on the CPRG because it only states guatemalans can be president.
  • Article 145 nationality of Central Americans those who make up being nationalized by that region and formed it.
• Requirements for president (CPRG) by Article 185 states to be Guatemalan in origin.
• Origin must be Guatemalan, not by article 146 naturalization because the limits that constitution and to be president must be origin & from the Central federated countries once express and apart in Guatamala.
• A Central American can qualify for various official positions.

Deputy

• Can be deputy if required under article 162; to be a Guatemalan in origin.
• A Central can be an origen if they wish under the federation under articles 145 Central Nationality- to run for deputy.

Governer

• Under article 196 can the minister be Guatemalan- if a central becomes one can qualify.
• Becoming is through 146 Naturalization, and they may return and have all the rights that the original ones do subject to constitution.
• A Central can become minister as under law if nationalized.

Magistrates/Judges

• A central can qualify as a magistrate because the Central made some.
• Under article 207 they made it a requirement from Guatemala.
• Article 145 gives the origins to those nationalized.

Naturalized Vs Origen

• Guatemala's originate:
• By lliis Soil Art 14 Article of nationality.
• Central Americans from the central are apart Art 145 Nationality.
• By mother and father by Iiis saliguing Art 144 nationality of origins.
• Bellezas that for the same process transition Art 19.