Concept of a State

State taken from the Latin stare (to stand) a state is a political community that occupies a definite
territory; having an organized government with the authority to make and enforce laws without the
consent of a higher authority. It is also defined as a self-governing political entity.

Elements of a State
1 People - also known as population or inhabitants.
2. Territory - refers to the portion of the earth which composed of aerial (air space above), fluvial
(waters around and connecting the islands of the archipelago) and the terrestrial (landmass) domains.

Maritime terms:
a. Territorial Sea - coastal states have sovereignty, including exclusive fishing rights (12 nautical miles)
b. Contiguous zone- coastal state can enforce its customs, immigration, and sanitation laws and
exercise “hot pursuit” out of its territorial waters (24 nautical miles).
c. Exclusive Economic Zone - state has recognized rights to explore, exploit, conserve, and manage the
natural resources (200 nautical miles).
d. Continental Shelf - countries have exclusive rights to natural resources up to 350 nm.
e. High Seas - beyond EEZ - “common heritage of humankind.”

3. Sovereignty - refers to supreme and absolute power within its territorial boundaries.

Types of Sovereignty
1. internal is the power of the state to rule within its territory
2. External is the freedom of the state to carry out its activities without subjection to or control by other
states.

Characteristics of Sovereignty
1. Sovereignty is absolute from the legal point of view.
2. Sovereignty is permanent
3. Sovereignty of the state is universal
4. Sovereignty is inalienable
5. Sovereignty cannot be divided between or shared by a plurality
6. Sovereignty is exclusive

4. Government – refers to the institution or agency or instrumentalities through which the state
maintains social order, provide public services, and enforces binding decisions. International recognition,
e.g. by the UN