“ Element of State and

State Sovereignty ”
 Public International Law

❖ What is state?

❖ How many element of state?

❖ Why people establish state?

❖ What is rights and obligation of sate?

CONTENT ❖ What is state sovereignty?

❖ Why sovereignty important?

❖ What is inviolability and violability of sovereignty?

 1. What Is States mean?

According to one definition, a

state is a community formed by
people and exercising permanent
power within a specified territory.

(Montevideo Convention)
 2. How many element of state?
The state as a person of international law should
possess the following qualifications:
1. Permanent population
2. Defined territory
3. Government
4. Capacity to enter into relations with the other
states.
(1933 Montevideo Convention )
 2. What Is States mean?

A. The Sovereign States

The sovereignty of a state means an

independent state which is free from
foreign intervention. Those state which
takes their own decision, makes a law,
and enforce them, is considered
Sovereign State.

Thomas Hobbes
3. What is types of State?

B. Not-fully sovereign States

Territories of sovereign states are not sovereign states

in their own right. Many entities have most of the most
qualities of sovereign states but are officially
considered to be non-sovereign.

Hong Kong
Bermuda
Greenland
Puerto Rico
Northern Ireland, Wales, Scotland, and England,
which are non-sovereign parts of the United Kingdom
 4. What Is States mean?

C. Neutralized States.

A state declares that it would never take up

arms against any other State except in case
of aggression and it shall adopt the attitude
of impartiality in all the wars that may occur
that state is called neutralized state.
 5. What Is rights and obligation of
States?

A. Rights of State

Every State has the right to independence and hence to exercise

freely, without dictation by any other State, all its legal powers,
including the choice of its own form of government.

Every State has the right to exercise jurisdiction over its territory and
over all persons and things therein, subject to the immunities
recognized by international law.

(Draft Declaration on Rights and Duties of States with commentaries 1949)

 .
6. What Is rights and obligation
of States?
B. Obligation of State

Every State has the duty to treat all persons

under its jurisdiction with respect for human
rights and fundamental freedoms, without
distinction as to race, sex, language, or religion.
Every State has the duty to settle its disputes
with other States by peaceful means in such a
manner that international peace and security, and
justice, are not endangered.
 7. What Is States
sovereignty ?

State Sovereignty is the concept that

states are in complete and exclusive
control of all the people and pretty within
their territory. Sate sovereignty also
includes the idea that all state are equal as
sates.

(UN Chart Art. 1 & Nicaragua Case)

 8. Why sovereignty is important?

The sovereignty important because it is

examines the internal affairs of a state and
how it operates. It is important to have strong
internal sovereignty to keeping order and
peace. When you have weak internal
sovereignty, organizations such as rebel
groups will undermine the authority and
disrupt the peace.
 9. What Is Unavailability & availability of
sovereignty?

A. Unavailability

The Unavailability of state

sovereignty mean that state cannot
intervene directly or indirectly with or
without armed force, in support of an
internal opposition in another state.

(Uganda & Nicaragua case )

 10.
1o. What Is Unavailability &
availability of sovereignty?
B. Availability

A humanitarian intervention is the use

of military force against a nation with
the stated aim of protecting civilians
and ending human rights abuses.
Thank You