Professional Documents
Culture Documents
POLITICAL ORGANIZATION
The state is a group of people
organized for the purpose of promoting the
common good. As a political organization,
it has a formal structure of government; it
works according to declared principles and
policies; its powers are established,
defined, and limited; and people's rights
and obligations are declared and
enumerated.
COMPULSORY ORGANIZATION
As a compulsory political organization,
(a) the state is supreme and must be obeyed
by the people at all times; (b) membership
to it is conferred by the state according
to the requirements it prescribes; (c)
membership in the state entails
corresponding rights and obligations which
are demandable and obligatory; (d) and
obedience to its commands is obligatory,
which means that they must be complied with
to avoid punishment.
CONTINUOUS OPERATION
The state is different from the government.
The government is the agency through which
the state expresses and carries out its
will. People may come and go, the
government may change its forms and powers,
and its territories may change its size,
but the state remains the same; it
continues to exist for as long as it
exercises its exclusive power to enforce
obedience within its territory.
PEOPLE
To constitute a state, there is no
minimum number of members required. It may
be composed of about a thousand people just
like the smallest state in the world,
Vatican, or it may be composed of a billion
people just like China, the biggest state
in the world. State does not also require
that its people should have common racial
origin or that they should share common
cultural traits, which is what a nation is.
Its people may come from different races
such as the United States of America or it
may be composed of people with common
racial origin and cultural traits such as
the Philippines. A state need not be a
nation and nation need not be a state.
TERRITORY
Territory refers to the defined mass of
land and water, including the airspace
above it, in which its people cohabit and
within which the state exercises
sovereignty.
GOVERNMENT
The government is the administrative
body through which the state exercises its
sovereignty by enacting, implementing, and
applying laws for the promotion of the
common good. If the state refers to all the
people that compose the political
organization, the government refers to the
body of the people entrusted with the power
to express and carry out the wills of the
state. In short, the government governs and
the people that compose the state are
governed.
SOVEREIGNTY
Sovereignty is the supreme power of the
state to command obedience from its people
within its territory. To be supreme means
to have an exclusive power over the people
within, and things found in, its territory.
Sovereignty has two elements: internal and
external. Internal sovereignty refers to
the supreme power of the state to command
obedience from its people (A state has
internal sovereignty if it is able to
effectively control and regulate people in
its territory). External sovereignty refers
to the power of the state to direct its
economic, political, social, and cultural
affairs, without the interference of any
external forces (A state has external
sovereignty if it is independent from other
foreign countries and institutions).
For an illustration of the concept of
the state, watch this video:
To better appreciate the concept of the
state, it is important that we discuss how
it originated. The traditional idea
ofthe state has its origin in the Treaty of
Westphalia in 1648, a treaty which
effectively diminished the power of the
Roman Catholic Church and the Holy Roman
Empire and cemented the sovereignty of
the state.
EQUALITY
Juridically, states are equals. This means
that, under the law or in the eyes of the
law, states are equal. Some states may be
politically and economically powerful than
others but they do not have special rights
and privileges before the law. Regardless
of their political and economic stature,
states are equal before the law.
SOVEREIGNTY
All states are sovereign. As such, they all
enjoy all the rights inherent to the
exercise of their sovereignty such as the
right to determine their domestic and
international policies and the right to
enact and implement laws deemed imperative
for their national interests.
PERSONALITY
States are juridical persons. They all
enjoy certain rights and privileges,
sovereignty being the most important. All
states are duty-bound to recognize and
respect these rights. As such, no state has
the right to dominate any other states.
INVIOLABILITY
All states are independent from
one another. As independent
political entities, they have
the right to determine their
domestic and international
policies. Consequently, no state
has the right to intervene in
the affairs of another.
LIBERTY
As sovereign political entities, all states
have the right to adopt economic,
political, social and cultural
systems deemed to effectively
advance their national
interests. No states, no
international institutions, and
no international organizations
can dictate any state to adopt
a particular system or policy.
DUTY
States co-exist with other
states. As such they are
obligated to observe generally
accepted principles of
international relations in order
to promote peaceful co-existence
among them. Since all states
are sovereign, no particular
state can exercise absolute
sovereignty for by doing so it
may violate the sovereignty of
other states.
In the article Governments and Citizens in
the Globally Interconnected World of
States, Hans Schattle (2014) identifies
five global forces that challenge the
Westphalian concept of the state, namely:
global economic interdependence, political
and economic integration, the rise of
international law and universal principles,
the development in communication network,
and the rise of transnational activism.
GLOBAL ECONOMIC INTERDEPENDENCE
Global economic interdependence is a state
of affairs wherein countries in the world
are economically dependent with one
another. It constitutes a global web of
supply and demand wherein states,
corporations, and private individuals
engage in free trade. This economic
interdependence is the necessary effect of
economic globalization or the integration
of the world economy, which abolishes
national economic barriers. Behind the
prevailing form of economic globalization
is neoliberalism, an economic philosophy
that advocates deregulation, privatization,
and free trade as global economic policies.
These economic policies, according to
Schattle (2014: 108), “[impose] a forced
choice upon states: either conform to free-
market principles or run the risk of being
left behind.” These policies effectively
undermine the economic sovereignty of the
states in the sense that they are forced to
conform to the global economic system by
joining what Thomas Friedman calls
the Electronic Herd if they want to remain
globally competitive. Friedman states:
“This herd has grown exponentially thanks
to the democratizations of finance,
technology and information – so much so
that today it is beginning to replace
governments as the primary source of
capital for both companies and countries to
grow. Indeed, as countries increasingly
have to run balanced budgets to fit into
the Golden Straitjacket, their economies
become ever more dependent on the
Electronic Herd for growth capital. So to
thrive in today’s globalization system a
country not only has to put on the Golden
Straitjacket, it has to join this
Electronic Herd.” (Friedman quoted in
Schattle 2014: 108)
As the neoliberal ideology advocates
deregulation, privatization, and free
trade, economic globalization effectively
emasculates the state as it is being
sidelined in economic policy-making
processes dominated by global economic
institutions (World Treaty Organization,
World Bank, and International Monetary
Fund). Furthermore, as economic
globalization promotes free competition
which privileges transnational companies,
the state find itself constantly yielding
to their demands in exchange for their
investment promises.
ECONOMIC AND POLITICAL INTEGRATION
Economic interdependence has given rise to
political and economic partnerships among
neighboring states such as the European
Union, African Union, Association of
Southeast Asian Nations (ASEAN). (Schattle
2014: 110) These organizations have created
political and economic rights and duties
among their members, one of which is
conformity to rules and standards they have
mutually agreed upon. These rules and
standards shape the domestic policies and
laws of the member states, thereby
affecting their political and economic
sovereignty.
International Institutions
Foremost of these international
institutions is the United Nations (UN)
presently composed of 193 state-members.
The UN is an international organization
created in 1945 after the World War II for
the following purposes:
"To maintain international peace
and security, and to that end: to
take effective collective measures
for the prevention and removal of
threats to the peace, and for the
suppression of acts of aggression
or other breaches of the peace,
and to bring about by peaceful
means, and in conformity with the
principles of justice and
international law, adjustment or
settlement of international
disputes or situations which might
lead to a breach of the peace;
To develop friendly relations
among nations based on respect for
the principle of equal rights and
self-determination of peoples, and
to take other appropriate measures
to strengthen universal peace;
To achieve international co-
operation in solving international
problems of an economic, social,
cultural, or humanitarian
character, and in promoting and
encouraging respect for human
rights and for fundamental
freedoms for all without
distinction as to race, sex,
language, or religion; and
To be a centre for harmonizing the
actions of nations in the
attainment of these common ends."
(Article 1, UN Charter,
https://www.un.org/en/sections/un-
charter/chapter-i/index.html)
To fulfill these purposes, the UN is
empowered to enforce the international law,
which is defined as:
“International law defines the legal
responsibilities of States in their conduct
with each other, and their treatment of
individuals within State boundaries. Its
domain encompasses a wide range of issues
of international concern, such as human
rights, disarmament, international crime,
refugees, migration, problems of
nationality, the treatment of prisoners,
the use of force, and the conduct of war,
among others. It also regulates the global
commons, such as the environment and
sustainable development, international
waters, outer space, global communications
and world
trade. https://www.un.org/en/sections/what-
we-do/uphold-international-
law/index.htmlhttps://www.un.org/en/section
s/what-we-do/uphold-international-
law/index.html
To apply the international law, the UN
created the International Court of Justice
which “settles legal disputes submitted to
it by States in accordance with
international law. It also gives advisory
opinions on legal questions referred to it
from authorized UN organs and specialized
agencies..” https://www.un.org/en/sections/
what-we-do/uphold-international-
law/index.html