Sovereign state - AbsoluteAstronomy.com

A sovereign state, or simply, state, is a state

State (polity)

A state is an organized political community, living under a government. States may be sovereign and may enjoy a monopoly on the legal initiation of force and are not dependent on, or subject to any other power or state. Many states are federated states which participate in a federal union...

with a defined territory on which it exercises internal and external sovereignty

Sovereignty

Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...

, a permanent population

Population

A population is all the organisms that both belong to the same group or species and live in the same geographical area. The area that is used to define a sexual population is such that inter-breeding is possible between any pair within the area and more probable than cross-breeding with individuals...

, a government

Government

Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...

, and the capacity to enter into relations

International relations

International relations is the study of relationships between countries, including the roles of states, inter-governmental organizations , international nongovernmental organizations , non-governmental organizations and multinational corporations...

with other sovereign states. It is also normally understood to be a state which is neither dependent on nor subject to any other power or state. While in abstract terms a sovereign state can exist without being recognised

Diplomatic recognition

Diplomatic recognition in international law is a unilateral political act with domestic and international legal consequences, whereby a state acknowledges an act or status of another state or government in control of a state...

by other sovereign states, unrecognised states will often find it hard to exercise full treaty-making powers and engage in diplomatic

Diplomacy

Diplomacy is the art and practice of conducting negotiations between representatives of groups or states...

relations with other sovereign states.

The word "country

Country

A country is a region legally identified as a distinct entity in political geography. A country may be an independent sovereign state or one that is occupied by another state, as a non-sovereign or formerly sovereign political division, or a geographic region associated with a previously...

" is often colloquially

Colloquialism

A colloquialism is a word or phrase that is common in everyday, unconstrained conversation rather than in formal speech, academic writing, or paralinguistics. Dictionaries often display colloquial words and phrases with the abbreviation colloq. as an identifier...

used to refer to sovereign states, although it means, originally, only a geographic region, and subsequently its meaning became extended to the sovereign polity

Polity

Polity is a form of government Aristotle developed in his search for a government that could be most easily incorporated and used by the largest amount of people groups, or states...

which controls the geographic region.

The concept of sovereign state is the source of the term "statesman

Statesman

A statesman is usually a politician or other notable public figure who has had a long and respected career in politics or government at the national and international level. As a term of respect, it is usually left to supporters or commentators to use the term...

" and the name of the US State Department.

History

The first known states were created in ancient times

Ancient history

Ancient history is the study of the written past from the beginning of recorded human history to the Early Middle Ages. The span of recorded history is roughly 5,000 years, with Cuneiform script, the oldest discovered form of coherent writing, from the protoliterate period around the 30th century BC...

in Egypt

Ancient Egypt

Ancient Egypt was an ancient civilization of Northeastern Africa, concentrated along the lower reaches of the Nile River in what is now the modern country of Egypt. Egyptian civilization coalesced around 3150 BC with the political unification of Upper and Lower Egypt under the first pharaoh...

, Mesopotamia

Mesopotamia

Mesopotamia is a toponym for the area of the Tigris–Euphrates river system, largely corresponding to modern-day Iraq, northeastern Syria, southeastern Turkey and southwestern Iran.Widely considered to be the cradle of civilization, Bronze Age Mesopotamia included Sumer and the...

, India

Ancient India

Ancient India may refer to:* The ancient history of India, which generally includes the ancient history of the Asian Subcontinent, including:*Science and technology in ancient India**Indian mathematics**Astronomy**List of Indian inventions...

, China, Mexico (Maya

Maya civilization

The Maya is a Mesoamerican civilization, noted for the only known fully developed written language of the pre-Columbian Americas, as well as for its art, architecture, and mathematical and astronomical systems. Initially established during the Pre-Classic period The Maya is a Mesoamerican...

), Peru

Inca civilization

The Andean civilizations made up a loose patchwork of different cultures that developed from the highlands of Colombia to the Atacama Desert. The Andean civilizations are mainly based on the cultures of Ancient Peru and some others such as Tiahuanaco. The Inca Empire was the last sovereign...

and others, but it is only in relatively modern times that states have almost completely displaced alternative "stateless

Stateless society

A stateless society is a society that is not governed by a state. In stateless societies, there is little concentration of authority; most positions of authority that do exist are very limited in power and are generally not permanently held positions; and social bodies that resolve disputes through...

" forms of political organization of societies all over the planet

Earth

Earth is the third planet from the Sun, and the densest and fifth-largest of the eight planets in the Solar System. It is also the largest of the Solar System's four terrestrial planets...

. Roving bands of hunter-gatherer

Hunter-gatherer

A hunter-gatherer or forage society is one in which most or all food is obtained from wild plants and animals, in contrast to agricultural societies which rely mainly on domesticated species. Hunting and gathering was the ancestral subsistence mode of Homo, and all modern humans were...

s and even fairly sizable and complex tribal societies based on herding

Herding

Herding is the act of bringing individual animals together into a group , maintaining the group and moving the group from place to place—or any combination of those. While the layperson uses the term "herding", most individuals involved in the process term it mustering, "working stock" or...

or agriculture

Agriculture

Agriculture is the cultivation of animals, plants, fungi and other life forms for food, fiber, and other products used to sustain life. Agriculture was the key implement in the rise of sedentary human civilization, whereby farming of domesticated species created food surpluses that nurtured the...

have existed without any full-time specialized state organization, and these "stateless" forms of political organization have in fact prevailed for all of the prehistory

Prehistory

Prehistory is the span of time before recorded history. Prehistory can refer to the period of human existence before the availability of those written records with which recorded history begins. More broadly, it refers to all the time preceding human existence and the invention of writing...

and much of the history of the human species

History of the world

The history of the world or human history is the history of humanity from the earliest times to the present, in all places on Earth, beginning with the Paleolithic Era. It excludes non-human natural history and geological history, except insofar as the natural world substantially affects human lives...

and civilization

Civilization

Civilization is a sometimes controversial term that has been used in several related ways. Primarily, the term has been used to refer to the material and instrumental side of human cultures that are complex in terms of technology, science, and division of labor. Such civilizations are generally...

.

Initially states

State (polity)

emerged over territories built by conquest in which one culture, one set of ideals and one set of laws

Law

Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

have been imposed by force or threat over diverse nation

Nation

A nation may refer to a community of people who share a common language, culture, ethnicity, descent, and/or history. In this definition, a nation has no physical borders. However, it can also refer to people who share a common territory and government irrespective of their ethnic make-up...

s by a civilian

Civil authority

Civil authority is that apparatus of the state other than its military units that enforces law and order. It is also used to distinguish between religious authority and secular authority...

and military

Military organization

Military organization is the structuring of the armed forces of a state so as to offer military capability required by the national defence policy. In some countries paramilitary forces are included in a nation's armed forces...

bureaucracy

Bureaucracy

A bureaucracy is an organization of non-elected officials of a governmental or organization who implement the rules, laws, and functions of their institution, and are occasionally characterized by officialism and red tape.-Weberian bureaucracy:...

. Currently, that is not aways the case and there are multinational state

Multinational state

A multinational state is a sovereign state which is viewed as comprising two or more nations. Such a state contrasts with a nation-state where a single nation comprises the bulk of the population...

s, federated states and autonomous area

Autonomous area

An autonomous area or autonomous entity is an area of a country that has a degree of autonomy, or freedom from an external authority. Typically it is either geographically distinct from the rest of the country or populated by a national minority. Countries that include autonomous areas are often...

s within states. Additionally multiculturalism

Multiculturalism

Multiculturalism is the appreciation, acceptance or promotion of multiple cultures, applied to the demographic make-up of a specific place, usually at the organizational level, e.g...

is currently adopted in many unitary

Unitary state

A unitary state is a state governed as one single unit in which the central government is supreme and any administrative divisions exercise only powers that their central government chooses to delegate...

and nation states following different processes of human migration

Human migration

Human migration is physical movement by humans from one area to another, sometimes over long distances or in large groups. Historically this movement was nomadic, often causing significant conflict with the indigenous population and their displacement or cultural assimilation. Only a few nomadic...

such as population transfer

Population transfer

Population transfer is the movement of a large group of people from one region to another by state policy or international authority, most frequently on the basis of ethnicity or religion...

, political migration

Political migration

Political migration is any migration motivated primarily by political interests. Typically, political migration is in one of two classes, private or government, depending on who encourages the migration....

, immigration

Immigration

Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...

and emigration

Emigration

Emigration is the act of leaving one's country or region to settle in another. It is the same as immigration but from the perspective of the country of origin. Human movement before the establishment of political boundaries or within one state is termed migration. There are many reasons why people...

.

Since the late 19th century, virtually the entirety of the world's inhabitable land has been parcelled up into areas with more or less definite borders claimed by various states. Earlier, quite large land areas had been either unclaimed or uninhabited, or inhabited by nomad

Nomad

Nomadic people , commonly known as itinerants in modern-day contexts, are communities of people who move from one place to another, rather than settling permanently in one location. There are an estimated 30-40 million nomads in the world. Many cultures have traditionally been nomadic, but...

ic peoples who were not organised as states

Stateless society

. However, even within present-day states there are vast areas of wilderness, like the Amazon Rainforest

Amazon Rainforest

The Amazon Rainforest , also known in English as Amazonia or the Amazon Jungle, is a moist broadleaf forest that covers most of the Amazon Basin of South America...

, which are uninhabited or inhabited solely or mostly by indigenous people (and some of them remain uncontacted). Also, there are states which do not hold de facto control over all of their claimed territory or where this control is challenged (as in Somalia

Somali Civil War

The Somali Civil War is an ongoing civil war taking place in Somalia. The conflict, which began in 1991, has caused destabilisation throughout the country, with the current phase of the conflict seeing the Somali government losing substantial control of the state to rebel forces...

).

Currently the international community comprises around 200 sovereign states, the vast majority of which are represented in the United Nations

United Nations

The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

. These states form what international relations

International relations

theorists call a system, where each state takes into account the behavior of other states when making their own calculations. From that point of view, states embedded in an international system face internal and external security and legitimation dilemmas. Recently the notion of an international community

International community

The international community is a term used in international relations to refer to all peoples, cultures and governments of the world or to a group of them. The term is used to imply the existence of common duties and obligations between them...

has been developed to refer to a group of states who have established rules, procedures, and institutions for the conduct of their relations. In this way the foundation has been laid for international law, diplomacy, formal regimes, and organizations.

Definition

Sovereignty is a term that is frequently misused. Up until the 19th century, the radicalised concept of a "standard of civilisation" was routinely deployed to determine that certain peoples in the world were "uncivilised", and lacking organised societies. That position was reflected and constituted in the notion that their "sovereignty" was either completely lacking, or at least of an inferior character when compared to that of "civilised" peoples." Lassa Oppenheim said "There exists perhaps no conception the meaning of which is more controversial than that of sovereignty. It is an indisputable fact that this conception, from the moment when it was introduced into political science until the present day, has never had a meaning which was universally agreed upon." In the opinion of Justice Evatt of the High Court of Australia "sovereignty is neither a question of fact, nor a question of law, but a question that does not arise at all."

Sovereignty has taken on a different meaning with the development of the principle of self-determination and the prohibition against the threat or use of force as jus cogens norms of modern international law. The UN Charter, the Declaration on Rights and Duties of States, and the charters of regional international organisations express the view that all states are juridically equal and enjoy the same rights and duties based upon the mere fact of their existence as persons under international law. The right of nations to determine their own political status and exercise permanent sovereignty within the limits of their territorial jurisdictions is widely recognised.

In political science, sovereignty is usually defined as the most essential attribute of the state in the form of its complete self-sufficiency in the frames of a certain territory, that is its supremacy in the domestic policy and independence in the foreign one.

In casual usage, the terms "country

Country

", "nation", and "state" are often used as if they were synonym

Synonym

Synonyms are different words with almost identical or similar meanings. Words that are synonyms are said to be synonymous, and the state of being a synonym is called synonymy. The word comes from Ancient Greek syn and onoma . The words car and automobile are synonyms...

ous; but in a more strict usage they can be distinguished:

Nation
Nation
A nation may refer to a community of people who share a common language, culture, ethnicity, descent, and/or history. In this definition, a nation has no physical borders. However, it can also refer to people who share a common territory and government irrespective of their ethnic make-up...

denotes a people who are believed to or deemed to share common customs, religion, language, origins, ancestry or history. However, the adjectives national and international are frequently used to refer to matters pertaining to what are strictly sovereign states, as in national capital, international law.

State
State (polity)
A state is an organized political community, living under a government. States may be sovereign and may enjoy a monopoly on the legal initiation of force and are not dependent on, or subject to any other power or state. Many states are federated states which participate in a federal union...

refers to the set of governing and supportive institutions that have sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...

over a definite territory and population
Population
A population is all the organisms that both belong to the same group or species and live in the same geographical area. The area that is used to define a sexual population is such that inter-breeding is possible between any pair within the area and more probable than cross-breeding with individuals...

.

Recognition

State recognition signifies the decision of a sovereign state to treat another entity as also being a sovereign state. Recognition can be either express or implied and is usually retroactive in its effects. It doesn't necessarily signify a desire to establish or maintain diplomatic relations.

There is no definition that is binding on all the members of the community of nations on the criteria for statehood. In actual practice, the criteria are mainly political, not legal. L.C. Green cited the recognition of the unborn Polish

Poland

Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...

and Czech

Czechoslovakia

Czechoslovakia or Czecho-Slovakia was a sovereign state in Central Europe which existed from October 1918, when it declared its independence from the Austro-Hungarian Empire, until 1992...

states in World War I and explained that "since recognition of statehood is a matter of discretion, it is open to any existing State to accept as a state any entity it wishes, regardless of the existence of territory or of an established government."

In international law

International law

Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...

, however, there are several theories of when a state should be recognized as sovereign.

Constitutive theory

The constitutive theory of statehood defines a state as a person of international law if, and only if, it is recognized as sovereign by other states. This theory of recognition was developed in the 19th century. Under it, a state was sovereign if another sovereign state recognized it as such. Because of this, new states could not immediately become part of the international community or be bound by international law, and recognized nations did not have to respect international law in their dealings with them. In 1815 at the Congress of Vienna

Congress of Vienna

The Congress of Vienna was a conference of ambassadors of European states chaired by Klemens Wenzel von Metternich, and held in Vienna from September, 1814 to June, 1815. The objective of the Congress was to settle the many issues arising from the French Revolutionary Wars, the Napoleonic Wars,...

the Final Act only recognised 39 sovereign states in the European diplomatic system, and as a result it was firmly established that in future new states would have to be recognized by other states, and that meant in practice recognition by one or more of the great powers.

One of the major criticisms of this law is the confusion caused when some states recognize a new entity, but other states do not. Hersch Lauterpacht, one of the theory's main proponents, suggested that it is a state's duty to grant recognition as a possible solution. However, a state may use any criteria when judging if they should give recognition and they have no obligation to use such criteria. Many states may only recognize another state if it is to their advantage.

In 1912, L. F. L. Oppenheim

L. F. L. Oppenheim

Lassa Francis Lawrence Oppenheim was a renowned German jurist. He is regarded by many as the father of the modern discipline of international law, especially the hard legal positivist school of thought...

had the following to say on constitutive theory:

...International Law does not say that a State is not in existence as long as it is not recognised, but it takes no notice of it before its recognition. Through recognition only and exclusively a State becomes an International Person and a subject of International Law.

Declarative theory

By contrast, the "declarative" theory defines a state as a person in international law if it meets the following criteria: 1) a defined territory; 2) a permanent population; 3) a government and 4) a capacity to enter into relations with other states. According to declarative theory, an entity's statehood is independent of its recognition by other states. The declarative model was most famously expressed in the 1933 Montevideo Convention

Montevideo Convention

The Montevideo Convention on the Rights and Duties of States was a treaty signed at Montevideo, Uruguay, on December 26, 1933, during the Seventh International Conference of American States. The Convention codified the declarative theory of statehood as accepted as part of customary international...

.

Article 3 of the Convention declares that statehood is independent of recognition by other states. In contrast, recognition is considered a requirement for statehood by the constitutive theory of statehood.

A similar opinion about "the conditions on which an entity constitutes a state" is expressed by the European Economic Community

European Economic Community

The European Economic Community The European Economic Community (EEC) The European Economic Community (EEC) (also known as the Common Market in the English-speaking world, renamed the European Community (EC) in 1993The information in this article primarily covers the EEC's time as an independent...

Opinions of the Badinter Arbitration Committee. The Badinter Arbitration Committee

Arbitration Commission of the Peace Conference on the former Yugoslavia

The Arbitration Commission of the Conference on Yugoslavia was a commission set up by the Council of Ministers of the European Economic Community on 27 August 1991 to provide the Conference on Yugoslavia with legal advice...

found that a state was defined by having a territory, a population, and a political authority.

State practice

State practice relating the recognition states typically falls somewhere between the declaratory and constitutive approaches. International law does not require a state to recognise other states.

Recognition is often withheld when a new state is seen as illegitimate or has come about in breach of international law. Almost universal non-recognition by the international community of Rhodesia

Rhodesia

Rhodesia , officially the Republic of Rhodesia from 1970, was an unrecognised state located in southern Africa that existed between 1965 and 1979 following its Unilateral Declaration of Independence from the United Kingdom on 11 November 1965...

and Northern Cyprus are good examples of this. In the former case, recognition was widely withheld when the white minority seized power and attempted to form a state along the lines of Apartheid South Africa, a move that the United Nations Security Council

United Nations Security Council

The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...

described as the creation of an "illegal racist minority régime". In the latter case, recognition was widely withheld from a state created in Northern Cyprus on land illegally invaded by Turkey in 1974.

De facto and de jure states

Most sovereign states are states de jure
De jure
De jure is an expression that means "concerning law", as contrasted with de facto, which means "concerning fact".De jure = 'Legally', De facto = 'In fact'....

and de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...

(i.e. they exist both in law and in reality). However, sometimes states exist only as de jure states in that an organisation is recognised as having sovereignty over and being the legitimate government of a territory over which they have no actual control. Many continental European states maintained governments-in-exile

Government in exile

A government in exile is a political group that claims to be a country's legitimate government, but for various reasons is unable to exercise its legal power, and instead resides in a foreign country. Governments in exile usually operate under the assumption that they will one day return to their...

during the Second World War which continued to enjoy diplomatic relations with the Allies

Allies of World War II

The Allies of World War II were the countries that opposed the Axis powers during the Second World War . Former Axis states contributing to the Allied victory are not considered Allied states...

, notwithstanding that their countries were under Nazi occupation. A present day example is the State of Palestine

State of Palestine

Palestine , officially declared as the State of Palestine , is a state that was proclaimed in exile in Algiers on 15 November 1988, when the Palestine Liberation Organization's National Council adopted the unilateral Palestinian Declaration of Independence...

, which is recognized by multiple states, but doesn't have control over any of its claimed territory in Palestine and possess only extraterritorial

Extraterritoriality

Extraterritoriality is the state of being exempt from the jurisdiction of local law, usually as the result of diplomatic negotiations. Extraterritoriality can also be applied to physical places, such as military bases of foreign countries, or offices of the United Nations...

areas (i.e. embassies and consulates). Other states may have sovereignty over a territory but lack international recognition; these are considered by the international community

International community

to be only de facto states (they are considered de jure states only according to their own Law and by states that recognize them). Somaliland

Somaliland

Somaliland is an unrecognised self-declared sovereign state that is internationally recognised as an autonomous region of Somalia. The government of Somaliland regards itself as the successor state to the British Somaliland protectorate, which was independent for a few days in 1960 as the State of...

is commonly considered to be such a state. For a list of entities that wish to be universally recognized as sovereign states, but do not have complete worldwide diplomatic recognition

Diplomatic recognition

, see the list of states with limited recognition.

External links

Opinions of the Badinter Arbitration Committee at the European Journal of International Law
A Brief Primer on International Law With cases and commentary. Nathaniel Burney, 2007.

The source of this article is wikipedia, the free encyclopedia. The text of this article is licensed under the GFDL.