State
| This article treats the state as sovereigns political unit. For the application of the term in the animal realm (z. B. state State of insects) see State of (biology). |
Max webers defined in its Rule sociology State as such an political institute enterprise, its Administrative staff successfully the monopoly legitimate physical Obligation (thus that Force monopoly) for the execution of the orders in requirement takes (max of webers, Economics and society, Cape. 1, § 17). In the economics the state becomes often as sum everything Obligation federations regarded. To the distinction or Congruence of state and see State and society.
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International law
State (out lat. status Condition, condition) is a thing, according to that Convention of Montevideo the following characteristics exhibits:
- a more or less stable (State people);
- a clearly defined or defined landbesitz (National territory, territory);
- one Government, the one Government authority to exercise can;
- the ability to step with other states into political contact D. h., International law subject to be.
The classical public law teachings call only the first three characteristics (three-element teachings Jellineks). In this sense the members are one Federal State, like the Germans Countries also "states" (, there it by the way also limits international law subjects due to their "Culture sovereignty"z. B. with that Holy chair independently of that Federal Republic of Germany Concordats to lock can). The classical exceptional case of a state without National territory is - since the Annexion Malta by Napoleon I. - the "sovereigns Malteserorden".
Those Sovereignty is no defining characteristic of the state. States can continue legally also if they stand under crew (are okkupiert); or (in the older public law teachings), if they are only "sovereign" (z. B. Samos in Osmani realm). However actually a partial sovereignty must be given.
Like at all that International law for lack of a worldLegislation on decisions for each individual case depends (case law) and therefore a very flexible right is, if international law subjects set "facts".
International-law acknowledgment
A state does not require a legal authentication (he to its establishment ' is proclaimed ', vgl. that Ruetli oath during the reason that Swiss Confederation in the Middle Ages - the modern Swiss one Konfoederation however quite consists of individual states, that Cantons). Internationally it was in-patriated to recognize a state as soon as several other states recognized its existence.
Some areas how Taiwan or North Cyprus up Cyprus, which exhibit the characteristics of a state, became nevertheless, usually from political reasons, not generally recognition; these become as Stabilized De-Facto-regime designated.
Those Convention of Montevideo it energizes frequently to discussions, whether it is possible, by purchase of a stateless person Island or Offshore construction work quasi one Micro nation to base. The acknowledgment by other states is that hauptproblem of such projects.
Number
Altogether there are 192 completely recognized sovereigns States. Among them the 191 members that fall UN as well as those Vatikan city. Further states are recognized only by a minority of the world-wide states, this are u. A. Taiwan, Westsahara (DARS), those Cookinseln and Niue.
Literature
- Mikhail Bakunin, God and the state, Berlin: Karin Kramer 1995
- Karl hero (Hrsg.): The civil state. The state derivative. Munich, 1999. 138 sides ISBN 3-929211-03-3
- Stefan Breuer: The state. Emergence, types and organization stages, Reinbek b. Hamburg: Rowohlt paperback publishing house, 1998.
- Heath Gerstenberger, The subjectless force. Theory of the emergence of civil government authority, cathedrals: Westfaeli steam boat 2005
- Wolfgang pure hard, History of the government authority. A comparative condition history of Europe from the beginnings to the present, extra charge, Munich: C.H. Beck 2002
- Franz Oppenheimer: The state, 3. revised edition of 1929
- OVG Cathedral, judgement of 14.02.1989, Az. 18 A 858/87, in: NVwZ 1989, S. 790.
See also
| - word origin, synonyms and translations |
| - quotations |
