|of these articles treats the political term state. For the community of the same name of animals see State of (biology).|
When state in the sense of state State of also the part of the society designated, which is responsible for the creation of right and order in the society. In this sense the state can also as the whole thatPrecautions to be defined, which have to regulate the public happening in their area of application.
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max to webers defined successful in its rule sociology state as such an political institute enterprise, its administrative staff the monopoly of legitimate physical obligation (thus that Force monopoly) on the execution of the orders in requirement takes (max of webers, economics and society, chapter. 1, § 17).
The sociological state State of Franz Oppenheimers the state is following after its nature and origin a social mechanism, “ofto a victorious group of people of a defeated group of people was forced upon with the only purpose to regulate the rule first over the latter and against internal rebellions and expresses attacks to secure. “
in the economics the state often becomes as sumall obligation federations regards.
in accordance with the convention of Montevideo has to exhibit a state the following characteristics:
- a more or less stable Population of core (state State of)
- a clearly defined or defined Landbesitz (national territory, territory)
- a government, the one government authority to exercise knows
- the ability to step with other states into political contact D. h. to be an international law subject.
The classicalPublic law teachings call only the first three characteristics (three-element teachings Jellineks).
It can be assumed in the case of fulfilment of the first three criteria the international law subject status results more or less automatically.
Theoretical is the convention of Montevideo, ansehbare as people customary law, onlya target regulation, since nationalness does not have to be bound compellingly at territory, as the Somalia only existing on the paper or the “sovereigns Malteserorden “as well as the occupied west seeing era show. Who aims at however a seat in the UN plenary assembly, has to fulfill to the point of recording time at least the 4 criteria of the convention from Montevideo to, so that the application for membership has at all a chance.
For the admission into the UNPO well-known as “alternative UN” actually only the existence of a population is presupposed. However is those UNPO only a Nichtregierungsorganisation without each international-law status. A UNPO membership has thus excluding symbolic value however no political weight.
in this sense are the members of a Federal State, like the German countries also “states” (by the way alsolimits international law subjects, there it due to its “culture sovereignty “z. B. with the holy chair independently of the Federal Republic of Germany concordats to lock can). The classical exceptional case of a state without national territory actual since the Annexion Malta by Napoleon I.- the “sovereigns Malteserorden”.
The sovereignty is not a 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.
As at all international law depends for lack of a world legislation of decisions for each individual case (case law) and therefore a very flexible right is, if international law subjects “factsset ".
a state does not require a legal authentication (he to its establishment “is proclaimed”, see. the Rütli oath with the reason of the Swiss Confederation in the Middle Ages - the modern Swiss Konföderation however quite consists of individual states,the cantons). Internationally it was in-patriated to recognize a state as soon as several other states recognized its existence.
Some areas such as north Cyprus on Cyprus, Somaliland or Taiwan, which exhibit all characteristics of a state, became nevertheless, usuallyfor political reasons, not recognition by the UN-members generally; such (sovereigns and independent) disputed states mark the UN as well as their members and the international law science stabilized De-Facto-regime. Since according to UN-Charter the UN is normally justified, itself into domestic affairsone of their members to interfere, was hurt the Charter, if her z. B. the Somaliland as state, detached by the UN-member Somalia , would regard, if Somalia agreed not before.
The convention of Montevideo energizes frequently to discussions whether it possibleis to base by purchase of a stateless person island or offshore construction work quasi a micro nation or a micro state. The acknowledgment by other powerful states (in particular UN-members) represents that to Hauptproblem of such projects. The existence of cases such as Hutt River Province, Sealing and and Seborga occupy the theoretical possibility for this, however the scope of action with regard to foreign policy is usually rather reduced (due to widespread nonacknowledgement as well as the financial expenditure for this).
altogether gives it 192 completely (by the UN) recognized sovereigns to states.Among them the 191 members of the UN as well as the Vatikanstadt fall. Further states are recognized only by a minority of the world-wide states, this are and. A. Taiwan (official Republic of China), Somaliland, west seeing era (DARS), the Cookinseln and Niue.
- Mikhail Bakunin, Gott and the State of, Berlin: Karin shopkeeper 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.
- 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 of, 3. revised edition of 1929
- Carl Schmitt: The term of the political one, new expenditure. 1963 with a new introduction.
|Wiktionary: State - word origin, synonyms and translations|
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