Foundation of states

• Author: Cristian Jura
• Position: 'Dimitrie Cantemir' Christian University, Bucharest, Romania
• Pages: 66-70

AGORA International Journal of Juridical Sciences, www.juridicaljournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 1 (2014), pp. 66-70

66

FOUNDATION OF STATES

C. Jura

Cristian Jura

“Dimitrie Cantemir” Christian University, Bucharest, Romania

*Correspondence: Cristian Jura, 110 Icoanei Street, 2nd district, Bucharest, Romania

E-mail: cristianjura@yahoo.com

Abstract

The organisation of international society in state entities, appearing as subjects of

international law, represented an essential element in the overall evolution and development

of it, the state-policy making leading to the incorporation, maintenance and development of

international community. The state may be considered the main creator, beneficiary and

defender of public international law.

Key words: foundation of state, South Sudan, subject of public international law.

Introduction

The states have been the first subjects of public international law and for a long time

the only one. They are typical, fundamental subjects of international law, forming the political

and legal entities which meet to the largest extent the capacity of havin g legal reports

governed by international law and benefit from the unlimited right to participate to the

elaboration of the norms of international law.

They are also subjects of universal intern ation al law, the only ones entitled to

undertake all rights and obligations with international character.

In the international relations, the states participate as suzerainty holder. Suzerainty is

an essential and necessary characteristic of every state, an intrinsic, inherent attribute of it,

being the political and legal basis of the capacity of state as subject of international law.

I. Definition of the incorporating elements of the state

As for the definition o f the state, based on the general theory of law, “the state is the

political organisation which, holding the monopole of coercion force, o f elaboration and

applicat ion of law, exercises over a human community on a certa in t erritor y t he suzerain

power from the given society”.

Base d o n p ublic i nter nationa l la w, the sta te is a co mmun ity of individu als

independently organised, settled on a determined territory, permanently, enjoying the right to

decide in a suzerain manner, if not over all its interests, at least partly.

The state is a direct and immediate subject of international law, with full capacity of

undertaking all rights and obligations with international character. The states ha ve been the

first subjects of public international law and for a long time the only subjects.

The states ha ve inter national legal p ersonality, regardless their territorial length, the

size of populat ion, the economic and military force or the degree of development, since t hey

do not have the capacity of international law subjects in terms of such characteristics, but it

results from their suzerainty.

For an entity to have international legal personality as stat e, it has to meet certain

conditions. Ac cording to the convention re lated to the r ights and obligations of state1 in t he

1 For the Convention text, see: http://avalon.law.yale.edu/20thcentury/intam03.asp.