Definition of a State

A state refers to a community of persons, more or less numerous, permanently occupying a definite portion of
territory, independent of external control, and possessing an organized government to which the great body of
inhabitants render habitual obedience.6

People A community of persons sufficient in number and capable of maintaining the continued existence of the
community and held together by a common bond of law

Territory Territory is the fixed portion of the surface of the earth inhabited by the people of the state.75 Territory as
an element of a state means an area over which a state has effective control

Sovereignty The supreme and uncontrollable power inherent in a State by which that State is governed.77

In auto-limitation terms: It is the property of a Stateforce due to which it has the exclusive capacity of legal
determination and restriction.

he concept of sovereignty as auto-limitation is the property of a state force due to which it has the exclusive
capacity of legal self-determination and self-restriction. x x x A state is not precluded from allowing another power
to participate in the exercise of jurisdictional right over certain portions of its territory. If it does so, it by no means
follows that such areas become impressed with an alien character. They retain their status as native soil. They are
still subject to its authority. Its jurisdiction may be dismissed, but it does not disappear. Therefore, it is with the
bases under lease to the American armed forces by virtue of the military bases agreement of 1947. They are not and
cannot be foreign territory.

Government. That institution or aggregate of institutions by which an independent society makes and carries out
those rules of action which are necessary to enable men to live in a social state, or which are impose upon the
people forming that society by those who possess the power or authority of prescribing them. 86

Doctrine of Parens Patriae Literally, “parent of the people.” One of the

important tasks of the government is to act for the State as parens patriae, or
guardian of the rights of the people.88
De Facto Government. One established in defiance of the legitimate sovereign.90 It actually exercises power or
control without legal title

Insurrection

Military

Force by

Constituent: compulsory functions which constitute the very bonds of society

Ministrant: optional functions of government intended for achieving a better life for the community

State (legal concept) and Nation/Country (ethnic concept) used interchangeably