THE NATURE

OF THE STATE

Prof. Bart Andrew S. Mendoza

Instructor, SS015
Objectives: • At the conclusion of the
session, you should have
been able to :
– Explain the definition and
elements of the state;
– Discuss the essential
characteristics of
sovereignty;
– Explain how states may have
originated;
– Distinguish states from
nations.
Review: • Definition of State
– a community of persons more
or less numerous,
permanently occupying a
definite portion of territory,
possessing an organized
government to which the
great body of the inhabitants
render habitual obedience,
and free or nearly so from
external control.
 State Under • Definition for statehood under
International Law the Montevideo Convention in
Uruguay on the rights and
duties of the state of 1933:
– a permanent population.
– a defined territory.
– a government to which
inhabitants render habitual
obedience.
– the capacity to enter into
relations with other states.
 WHAT IS
THE SMALLEST
STATE
IN THE
WORLD?
 Vatican City: Smallest state in the world
Its estimated 900 citizens,
mainly clerics and some Swiss
guards, are ruled by the
Pope. Vatican City State was
founded following the signing
of the Lateran Pacts between
the Holy See and Italy on
February 11th 1929.These were
ratified on June 7th1929. Its nature
as a sovereign State distinct from
the Holy See is universally recognized
Under international law.

Video watch: The Vatican City

 WHAT IS
THE LARGEST
STATE
IN THE
WORLD?
 China: largest state in the world
It has approximately
1.4 billion population.
It is also the country
with the biggest land
area in the world

Pres. Xi Jinping
Video watch: China
 Elements of the State :

•People
•Territory
•Government
•Sovereignty
PEOPLE
– Mass of population
living within the state.
– It should be neither
too small nor too
large: small enough to
be self governed and
large enough to be
self sufficing.
– Philippine population
as of 2015 –
100+ million
TERRITORY
– The geographical
domains of the state:
• Terrestrial – land
• Fluvial – internal waters
• Maritime – external
waters
• Aerial – air space above
the other domains
Vatican City: Smallest state in the world
Vatican is just outside
the Western boundary of
Rome with an area of
only 0.17 square mile or
.44 square kilometer.
(former) Soviet Union: largest state in point of territory
GOVERNMENT

The agency or instrumentality through which the will of the

state is expressed, formulated or carried out; usually named
after the name of the country.
Example: Philippine Government, US Government
•
ADMINISTRATION
– The body of people
empowered to manage
the affairs of
government; usually
named after the Chief
Executive.
– Example:
• Aquino Administration
• Ramos Administration
SOVEREIGNTY
– The supreme power of the state to
command and enforce popular
obedience within its jurisdiction and
freedom from external control.
– Two aspects:
• Internal – enforcement popular
obedience; rule within the territory.
• External – freedom from external
control; the power of the state to
govern its constituents independently
of the other states; independence.
SOVEREIGNTY UNDER
INTERNATIONAL LAW
 When an entity satisfies the Montevideo
criteria for statehood, it is assumed that the
state exercises absolute and exclusive
authority and control over its territory. It rules
supreme over within its territory and does not
recognize any outside superior authority.
SIX (6) ESSENTIAL
CHARACTERISTICS
OF SOVEREIGNTY
1. Perpetuity – it lasts as long as the state exists.
2. Comprehensiveness – it operates upon all persons and things within
the state.
3. Exclusiveness – only the state possesses it.
4. Absoluteness – it gives the state absolute authority to carry out its
activities within its territory.
5. Inalienability – it cannot be transferred or given away by the state.
6. Unity – it cannot be divided; there is only one supreme will of the
state.
  Article 2 of the UN
Charter:
Sovereign Equality of States
under International Law
 This right is given in the
one-state, one-vote
principle. Thus, despite
tremendous differences
in size, population,
economic strength and
military power, each
member state has equal
recognition under
international law.
  Such principle was
Sovereign further promoted in the
Equality of UN declaration on
States under principles of
International international law
Law concerning friendly
relation among states
adopted by the General
Assembly in 1970
(Resolution 2625)
  States are judicially equal.
Under the principle of
sovereign equality, the  Each state enjoys rights
declaration includes inherent in full sovereignty.
the ff rights:
 Each state has the duty to
respect the personality of other
states.

 The territorial integrity and

political independence of the
state are inviolable.

 Each state has the right to

freely choose and develop its
political, social, economic and
cultural systems.
 1. Divine Right Theory
2. Necessity or Force Theory
3. Paternalistic Theory
Theories on 4. Social Contract Theory
the Origin of
States:
 • Postulates that the
state is of divine
creation and the
ruler is ordained by
God to govern the
people.

Divine Right Theory

 • Maintains that states
must have been
created through
force by some great
warriors who
imposed their will
upon the weak .
Necessity or Force Theory
 “Human history is nothing
BUT a record of fighting and wars.”

Necessity or Force Theory

• Postulates that the state emerged out
of the development of family as a unit.

STATE
Nation
Tribe
Clan

Family

Paternalistic Theory
 • Asserts that the early
states must have been
formed by deliberate
and voluntary compact
among people to form a
society and organize a
government for common
good (the inherent need
to associate).
Social Contract Theory
 State Distinguished from Nation:

STATE NATION
• Political concept • Ethnic concept
• Not subject to external control • May or may not be subject to
• A single state may consist of external control.
one or more nations or people. • A single nation maybe made up
of several states.