What Is A Nation State Outline

What is a Nation-State?

1. The Sovereign State

   1. Definition - SPLIT

      1. Every Nation which governs itself, under whatever form, and which does not depend on any other nation. (E. De Vattel, The Law of Nations - pg. 474)

      2. Sovereignty is the totality of international rights and duties recognized by international law. (pg. 475)

   2. General Law: (1) [E]ach Nation should contribute as far as it can to the happiness and advancement of other nations, and (2) [E]ach Nation should be left to the peaceable enjoyment of that liberty which belongs to it by nature. (E. De Vattel, The Law of Nations - pg. 473)

   3. Equality of Nations

      1. Nations are by nature equal and hold from nature the same obligations and the same rights. (pg. 473)

      2. What is lawful of unlawful for one Nation is equally lawful or unlawful for every other nation. (pg. 474)

      3. "No principle of general law is more universally acknowledged than the perfect equality of nations." The Antelope, 23 U.S. 66, 122 (1825).

      4. The organization is based on the principle of the sovereign equality of all its Members. (Article 2, Charter of the United Nations - pg. 961)

   4. Marks of Sovereignty: The rights, subject to "the lawes of God and nature" to:

      1. Make laws

      2. Name magistrates

      3. Hear final appeals

      4. Grant pardons

      5. Coin money

      6. Set weights and measures

      7. Impose taxes

      8. Wage war

      9. Exact "liege fealtie and homage"

2. Recognition and Succession

   1. When does a State exist?

      1. Constitutive Theory vs. Declaratory Theory - SPLIT

         • Declaratory Theory: The political existence of the state is independent of recognition by other states. (Article 3, The Montevideo Convention - pg. 477)

           • "The state as a person of international law should possess (a) a permanent population, (b) a defined territory, (c) government, and (d) capacity to enter into relations with the other states." (Article 1, The Montevideo Convention - pg. 477)

           • The recognition of a state merely signifies that the state which recognizes it accepts the personality of the other with all the rights and duties determined by international law. (Article 6, The Montevideo Convention - pg. 477)

         • Constitutive Theory: "[A] new State before its recognition cannot claim any right which a member of the Family of Nations has towards other members. . . . Through recognition only and exclusively a State becomes an International Person and a subject of International Law" (pg. 478)

      2. TEST re existence of a state (Notes): (1) Identifiable Territory, (2) Effective Control of Government, (3) Regular Population of Human Beings, and (4) Governing Body is conducting or endeavoring to conduct foreign relations.

   2. The principle of the continuity of states

      1. "Changes in the government or the international policy of a state do not as a rule affect its position in international law. . . . [T]hough the government changes, the nation remains with rights and obligations unimpaired. (The Tinoco Arbitration - pg. 484-85)

      2. "The state is bound by engagements entered into by governments that have ceased to exist; the restored government is generally liable for the acts of the usurper." (The Tinoco Arbitration - pg. 485)

      3. Applies to:

         • De jure governments: Legal government (concerning law)

         • De facto governments: (1) Government established itself and (2) maintains a peaceful administration with the acquiescence of the people for a...

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