So
far, we know what TERRITORIAL DISPUTES are. We introduced the two key concepts
of STATE and SOVEREIGNTY. We are now reviewing the main elements that form a
sovereign STATE and some of their sub-elements. First, POPULATION (including
language, ethnicity, religion); second, TERRITORY (including natural resources,
defense, extension). It is time to refer to GOVERNMENT.
c) government: a person,
group of people or body that represent the will of the population. We shall
discuss here if the different ways the government may appear or the diverse
persons may be considered representatives could affect in any way the existence
of a State.
Once
clarified these points, we shall concentrate our attention in the effectiveness
of what they are supposed to do and any possible limits to their actions (in
diplomacy and economy).
Forms
of government:
The
classical tradition classifies them according depending on the number of
representatives (one, a few or all) we find: monarchy, aristocracy and
democracy. Without entering into an analysis of the concept of “forms of
government” (not the objective of this project) the intention is to simply
highlight the existence of actual States fulfilling different patterns (hence,
the mention of only the basic typology): from States that claim to have
absolute monarchies (i.e.: Brunei, Oman, Qatar, etc.), through constitutional
ones (i.e.: United Kingdom, Denmark, Spain, etc.) to representative democracies
(most cases) the globe offers a wide spectrum of examples in which although the
form of government differs, in all cases they are still States.
Division
of powers:
It
consists on the typical model in democracies (and some other forms of
governments) by which the representatives of the population are divided into
three different branches: executive, legislative and judicial power. Each of
the three branches embodies one of the classic forms of government: the
executive and the monarch; the judiciary and the aristocracy; and the
legislative and the democracy.
What
is of interest here is the fact that there are degrees of separation of powers
around the world. Consequently, to have only one central power or to have it
divided into branches does not alter the existence of a State.
Autarchy:
The
financial independence of a state in relation to its peers or other agents or
organizations. There are some states heavily indebted and yet they are still
independent political organizations. It is true, however, that when a SOVEREIGN
STATE is in this kind of situation, its government may see its internal and
external decision-making processes affected.
Currency:
Does
it need to have its own currency so to be called State? Once more the
international arena gives us the answer: with the European Union as a leading
case, almost all the members share a common currency (Euro) but they still keep
their character of sovereign states.
Diplomacy:
The
term refers to the activity of negotiations among States linked to many and
various aspects (economy, politics, law, peace and war, etc.). It is usually
conducted by the head of the State and/or representatives designated to do so
(diplomats). It could be considered as a mean a country has to ensure a
participation in the international forum.
Is
it necessary to have diplomats and/or an international presence? In nowadays
global reality it is highly advisable; every state needs in certain way
relation with its peers so to fulfil its population’s needs. However, it is not
strictly an indispensable component in order for a state to exist.
NOTE:
This post is based on Jorge Emilio Núñez, “Territorial Disputes and State
Sovereignty: International Law and Politics,” London and New York: Routledge,
Taylor and Francis Group, 2020 (forthcoming)
Previous
published research monograph about territorial disputes and sovereignty by the
author, Jorge Emilio Núñez, “Sovereignty Conflicts and International Law and
Politics: A Distributive Justice Issue,” London and New York: Routledge, Taylor
and Francis Group, 2017.
NEXT
POST: State and its elements, law
Friday 20th September 2019
Dr Jorge Emilio Núñez
Twitter: @London1701
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