State

A. Defition of state
State is the first law subjeck in International law. A state must be have the main
international law capacities like Martin Dixxon say A body or entity which is capable of
possessing and exercising rights and duties under international law.
In Montevideo Konvension article 1 above right and duty of state, characteristic of state
there are:
1. Have a defined territory
A state must be have fixed territory, but in International law does not specify how
the requirements should be broad an area to be considered as elements of State. Likewise,
the territory of a State does not necessarily have to constitute a single entity, and may
consist of parts that are in a different region. This situation often occurs in countries that
have overseas territories
2. Have a permanent population
Population is a collection of individuals regardless of race, language, religion and
culture living in a society and are bound in a State through yuridik and political relations
are realized in the form of citizenship
3. Have a single government
A government is the system by which a state or community is controlled. In the
case of its broad associative definition, government normally consists
of legislators, administrators, and arbitrators. Government is the means by which state
policy is enforced, as well as the mechanism for determining the policy of the state. A
form of government, or form of state governance, refers to the set of political systems and
institutions that make up the organisation of a specific government.
Types of government there are:
a. Monoarchic
Governments with monarchic attributes are ruled by a king/emperor or a queen/empress
who usually holds their position for life. There are two types of monarchies: absolute
monarchies and constitutional monarchies. In an absolute monarchy, the ruler has no
limits on their wishes or powers. In a constitutional monarchy a ruler's powers are limited
by a document called a constitution. The constitution was put in place to put a check to
these powers.
b. Democratic
Governments with democratic attributes are most common in the Western world and
in some countries of the east that have been influenced by western society, often by
being colonised by western powers over the course of history. In democracies, large

proportions of the population may vote, either to make decisions or to choose

representatives to make decisions. Commonly significant in democracies are political
parties, which are groups of people with similar ideas about how a country or region
should be governed. Different political parties have different ideas about how the
government should handle different problems.
c. Federalism
Federalism is a political concept in which a group of members are bound together by
covenant (Latin: foedus, covenant) with a governing representative head. The term
"federalism" is also used to describe a system of government in
which sovereignty is constitutionally divided between a central governing authority and
constituent political units (such as states or provinces). Federalism is a system based
upon democratic rules and institutions in which the power to govern is shared between
national and provincial/state governments, creating what is often called a federation.
Proponents are often called federalists.
d. Oligarchic
Governments with oligarchic attributes are ruled by a small group of segregated,
powerful and/or influential people, who usually share similar interests and/or family
relations. These people may spread power and elect candidates equally or not equally.
An oligarchy is different from a true democracy because very few people are given the
chance to change things. An oligarchy does not have to be hereditary or monarchic. An
oligarchy does not have one clear ruler, but several rulers.

4. Have a capacity to enter into relations with other states

According to international law and international relations, state proficiency in
conducting international relations is a necessity for a country to gain membership of the
international community and the subject of international law. Hans Kelsen argued that the
state is the technical thought which states that a set of specific legal rules that reside in a
certain territory. State as a subject of international law is the bearer of rights and
obligations governed by international law, both in terms factually and historically, and
international law itself is composed of a large part of the legal relationship between the
state and the state.
B. Kinds of states
1. Unitary State
A unitary state is a state governed as one single power in which the central
government is ultimately supreme and any administrative divisions (subnational
units) exercise only powers that their central government chooses to delegate. The
majority of states in the world have a unitary system of government. Of the 193 UN
member states, 165 of them are governed as unitary states.
2. Federation state
Federal state, is a political entity characterized by a union of partially selfgoverning states or regions under a central (federal) government. In a federation, the
self-governing status of the component states, as well as the division of power
between them and the central government, are typically constitutionally entrenched

and may not be altered by a unilateral decision of either party, the states or the federal
political body.
The governmental or constitutional structure found in a federation is known
as federalism. It can be considered the opposite of another system, the unitary state.
Germany, with sixteen Bundeslnder, is an example of a federation, whereas
neighboring Austria and its Bundeslnder was a unitary state with administrative
divisions that became federated, and neighboring France by contrast has always been
unitary.
3. Commonwealth of nations
The Commonwealth
of
Nations,
commonly
known
as
the Commonwealth (formerly the British Commonwealth), is an intergovernmental
organisation of 53 member states that were mostly territories of the former British
Empire. The Commonwealth operates by intergovernmental consensus of the member
states, organised through the Commonwealth Secretariat and Non-governmental
organisations, organised through the Commonwealth Foundation.
4. Confederation
A confederation (also known as confederacy or league) is a union of political units
for common action in relation to other units. Usually created by treaty but often later
adopting a common constitution, confederations tend to be established for dealing with
critical issues (such as defense, foreign affairs, or a common currency), with the central
government being required to provide support for all members.

5. Micro State
A microstate or ministate is a sovereign state having a very small population or very
small land area, and usually both. As the meaning of neither "state" nor "very small" is
clear,[1] the recent attempts to define microstates focus on identifying political entities with
unique qualitative features linked to their geographic or demographic limitations.
C. Right and obligation of state
a. Right of the state
The rights of the country:
The right to freedom
The right to exercise jurisdiction on the territory, people, and
objects within its territory
The right to a legal status equal to other countries (Article 5);
The right to run or collective self-defense (Article 12).
b. Obligation of state
The obligation not to intervene against the problems that occur in
other countries (Article 3);
An obligation not to drive the civil unrest in another country (Article
4);
The obligation to treat all people in the region with attention to
human rights (Article 6);

The obligation to keep the area so as not to endanger international

peace and security (Article 7);
The obligation to settle disputes peacefully (Article 8);
The obligation not to use force or the threat of weapons (Article 9);
An obligation to assist the implementation of Article 9 above;
An obligation not to recognize the territories acquired through
means of violence (9 of Article 12);
The obligation to implement international obligations in good faith
(Article 13); and
The obligation to conduct relations with other countries in
accordance with international law (Article 14).