Concepts of State,

Nation and
Globalization
 Meaning of State
A state is a community of persons more
or less numerous, permanently
occupying a definite portion of territory,
having a government of its own to which
the great body of inhabitants render
obedience, and enjoying freedom from
external control (Gardner)
The Philippines is a state.
 Elements of a state
1. People
2. Territory
3. Government
4. Sovereignty
 Elements of a state

1.People
-also known as
population or
inhabitants
 People
The population of a state
must be large enough to
preserve the political
independence and exploit its
natural resources and small
enough to be well governed.
 Elements of a state
2. Territory
-refers to the portion of
the earth which composed
of aerial (air space above),
fluvial (waters around and
connecting the islands of
the archipelago) and
terrestrial (landmass)
domains.
 Article 1, Section 1, 1987 Constitution
NATIONAL TERRITORY
The national territory comprises the Philippine
archipelago, with all the islands and waters embraced
therein, and all other territories over which the
Philippines has sovereignty or jurisdiction, consisting
of its terrestrial, fluvial and aerial domains, including
its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters
around, between, and connecting the islands of the
archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the
Philippines.
 Maritime Terms
Straight Baselines- which have been
drawn around the coastline of the
Philippine island territory were
designed, made, and stated to
establish and indicate the outer limits
of all the waters around, between,
and connecting the islands, islets, and
other land formations of the
Philippine archipelago.
 Maritime Terms
National waters- waters lying beyond
the coastlines of our island territory,
and extending to the sea up to limits
set by international treaty limits
Territorial sea- refers to the belt of
the sea between the coast and
internal waters of the coastal state on
the one hand, and the high seas on
the other. Coastal states have
sovereignty, including exclusive fishng
rights (12 nautical miles)
 Maritime Terms
Contiguous Zone- Coastal states can
enforce its customs, immigration and
sanitation laws and exercise hot
pursuits out of its territorial waters
(24 nautical miles).
Exclusive Economic Zone- state has
recognized rights to explore, exploit,
conserve, and manage the natural
resources (200 nautical miles)
 Maritime Terms
Continental Shelf- countries
have exclusive rights to natural
resources up to 350 nautical
miles.
High Seas- common heritage
of humankind
Four Modes of Acquiring
Territory

Discovery and occupation

Prescription
Cession
Subjugation and Annexation
 Discovery and Occupation
A state may acquire a territory by discovering
a continent, an island or land with no
inhabitants or occupied by uncivilized
inhabitants, and thereafter, occupying it by
placing it under its political administration.
Discovery will give the state inchoate title over
the discovered land that will prevent others
from acquiring it for a reasonable period of
time until the inchoate title is transformed
into a full title by administering it.
Conditions of Effective Occupation
That the parties occupying the territory must
have been authorized by the state for which
they are acting
That the state must by formal evidence its
intention acquire sovereignty over the new
territory
That there must be established within a
reasonable time after discovery some
governmental authority.
 Lands that can be subject of
discovery and occupation

Uninhabited lands
Lands inhabited by uncivilized persons
Lands discovered by a state but which it
failed to occupy for unreasonable length
of time.
 Uninhabited Lands
The Philippnes acquired the Kalayaan
Group of Islands through discovery and
occupation. Tomas Cloma, who actually
discovered the uninhabited islands, ceded
his right in favor of the Philippines.
Thereafter, the Philippines occupied the
islands by establishing a municipality
therein.
Lands inhabited by uncivilized persons
Ferdinand Magellan, in behalf of the Spanish
Crown, discovered the archipelago of the
Philippines, although at that time the
Negritos, Malays and Indones inhabited the
islands.
Spanish authorities occupied the Philippines
by establishing a government therein under its
control making it a colony of Spain.
 Unoccupied discovered lands
Failure to put the discovered land under
the administration of the discovering
state for an unreasonable length of time
will open the land for acquisition of other
states through discovery and occupation.
 Prescription
It is the mode of acquiring a territory through
continuous and undisputed exercise of
sovereignty over it during such period as is
necessary to create under the influence of
historical development the general conviction
that the present condition of things is in
conformity with international order.
 Cession
It is the assignment, transfer, or yielding
up of territory by one state or
government to another.
It may be in the form of sale or donation.
An example of this is the TREATY OF
PARIS.
 Subjugation and Annexation
It is a mode of acquiring a territory belonging to a
state by occupation and conquest made by another
state in the course of war and by annexation at the
end of the war.
Conquest also gives the conqueror inchoate title
that may be converted into a full title after
annexation of the territory.
Subjugation differs from cession for the latter is a
voluntary mode of acquisition while the former is
not.
Conquest and annexation are also called involuntary
cession.
 Accretion
is another mode of acquiring territory by
addition of portions of soil, either
artificial such as the reclamation area in
Manila Bay, or natural by gradual
deposition through the operation of
natural causes such as the waves of the
ocean.
 ESSAY

Discuss Philippine claim

on the Panatag Shoal.
 Elements of a state

3. Government
- Refers to the institution or agency
or instrumentalities through which
the state maintains social order,
provide public services, and
enforces binding decisions
 Forms of Government
As to who possess the power to govern
(governments: Aristotelian typology)
Number of
Ideal Perverted
rulers
One Monarchy Tyranny

Few Aristocracy Oligarchy

Many Democracy Mobocracy

 As to geopolitical distribution of power
a. Unitary - control of national and local
affairs is exercised by the central or
national government
b. Federal powers of the government
are divided between to sets of organs,
one of the national and the other for
local affairs
 As to political structure

a. Parliamentary legislative and

executive bodies are fused
together
b. Presidential the executive is
constitutionally independent of
the legislature
 As to legality or constitutionality
a. De Jure or Legitimate Government
-it is one established according to the
constitution of the nation, and lawfully entitled
to recognition and supremacy and
administration of the nation, but which is
actually cut off from power or control.
-it is a government deemed lawful or deemed
rightful or just, but which, nevertheless, has
been supplanted or displaced.
 As to legality or constitutionality
b. De Facto or Illegitimate Government
It is one that maintains itself by a
display of force against the will of the
rightful legal government and is
successful, at least temporarily, in
overturning the institutions of the
rightful legal government by setting its
own in lieu thereof.
 Elements of a state
4. Sovereignty
- May be defined as the supreme power
of the state to command and enforce
obedience of its will from the people.
within its jurisdiction and corollary to
have freedom from foreign control.
 sovereignty

a. Internal power of the

state to rule within its
territory
b. External the freedom
of the state to carry out
its activities without
subjection to or control
by other states.
 Origin of states

1. Divine right theory 5. Patriarchal theory

2. Social contract theory 6. Instinctive theory

3. Force theory 7. Economic theory

4. Natural theory 8. Evolution theory
 Origin of State
1. Divine Right theory- belief that kings
are chosen to rule the Ancient state
by a deity examples include
Egyptians and Aztecs. In 15th Century
Europe, the idea is used by royalty as
the justification for the absolute
domination, therefore, to question
the king was not only treason but sin
as a sin against God.
 Origin of State
2. Social contract theory- explained
that the state was formed by means
of social contract of men who lived
in a state of nature. The state of
nature meant that men lived
together without any super body to
establish peace and order. The
social contact gave the people the
impetus for an empowered state.
 Origin of State
3. Force theory- otherwise called the
might makes right doctrine. According
to this theory, the state came into
existence out of conquest, force or
coercion. Before the state existence,
there were always leaders strong
enough to assert their leadership and
power through force, conquest or
violence. They subjected the people and
compelled them to obey their laws.
 Origin of State
4. Natural theory/Organic theory- it holds that
the state was a natural institution and not an
abstract or artificial being.it perceives that
the state is a man writ large. That the state
is like an organism, it is born, it grows,
develops and matures. Like an organism,
what is felt in one part of the body is felt by
the whole (wound). Similarly in the case of a
state, what is happening in one part of the
state affects the entire state (natural
calamity).
 Origin of State
5. Patriarchal theory- maintains that the
state arose through process of evolution,
from the smallest unit of the society
which is the family, to a clan, later on a
tribe, to a nation, and into a state.
6. Instinctive theory- claimed that the state
was created because of the natural
inclination of men towards political
association.
 Origin of State
7. Economic theory- believes that states
were organized to satisfy mans
economic needs. The state will provide
them their material needs that will
satisfy their demands. The necessity
arose from the fact that the economic
needs of the people can only be
provided for by an organized institution
like the government which is essentially
a part of the state
 Origin of State
7. Evolution theory- maintains that
states evolved from family units.
The families grew into a large
extended family that heads of the
family served as a government.
Eventually evolved into tribal
councils with a hierarchy of
authority
 Powers of State
1. Police Power- is the power of the state to
enact and enforce laws and to regulate
property and liberty in the promotion of the
general welfare of the people
2. Power of Eminent Domain- enables the state
to take property for public use upon payment
of just compensation
3. Power of Taxation- is the power to impose
and collect revenues for the operation of the
government
 Concept of a Nation
NATION is defined as people, or aggregation of
men, existing in the form of an organized
society, usually inhabiting a distinct portion
of the earth, speaking the same language,
using the same customs, possessing historic
continuity, and disguised from other like
groups of their racial origin and
characteristics, and generally, but not
necessarily, living under the same
government and sovereignty.
 State distinguished from nation
o State is more of a political concept while
Nation is a racial or ethnical.
o A state is not subject to external control
while a nation may or may not be
independent of external control.
o A single state may consist of one or more
nations or people and conversely, a single
nation may be made up of several states.
 State distinguished from nation
The nations referred to in the United
Nations are actually state.
The Arab Nation is not a state but a
nation which consists of several states,
such as Saudi Arabia, Yemen, Egypt, etc.
On the other hand, USA is a state but
it consists of several nations such as
Caucasian, African, Chinese, Indian
nations.
 State distinguished from government
oThey are usually regarded as identical. As
ordinarily, the acts of the government
are the acts of the state.
oA state cannot exist without a
government, but it is possible to have a
government without a state.
oA government may change, its form may
change, but the state, as long as its
essential elements are present, remains
the same.
 Concept of Globalization
GLOBALIZATION is commonly
defined as the growing
integration of societies and
economies around the world or
the domination of supranational
corporate trade and banking
institutions driving toward
globalized economic system.