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Topic: Declarative theory of statehood


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In the News (Mon 1 Sep 14)

  
 Clinton Goveas :: Wikipedia Reference
However, they propounded this as part of a general theory of "nullification," in which a state had the right to refuse to accept any Federal law that it found to be unconstitutional.
Likewise, according to the theory put forth by James Madison in the Federalist Papers "each State, in ratifying the Constitution, was to be considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act.
In this relation, then, the new Constitution [was to be] a federal, and not a national constitution." In the end, Madison likewise compromised with the Anti-federalists to modify the Constitution to protect state sovereignty: At the 1787 constitutional convention a proposal was made to allow the federal government to suppress a seceding state.
www.clintongoveas.com /wikipedia/?title=Sovereignty   (2493 words)

  
 Declarative theory of statehood - Wikipedia, the free encyclopedia
The declarative theory of statehood defines a state as a person of international law that meets certain structural criteria.
Article 3 of the Convention declares that statehood is independent of recognition by other states.
Recognition is considered a requirement for statehood by the constitutive theory of statehood.
en.wikipedia.org /wiki/Declarative_theory_of_statehood   (164 words)

  
 Reference.com/Encyclopedia/Declaration of independence
Conversely, the constitutive theory of statehood holds a self-declared state is not truly a state until it receives at least a minimal level of acknowledgement (but not formal recognition) by existing states.
Declaring independence or supporting such a declaration is seen as a hostile act that may easily lead to war.
Declaration of Independence of the Turkish Republic of Northern Cyprus (1983) - The Turkish Republic of Northern Cyprus was proclaimed in northern Cyprus in 1983.
www.reference.com /browse/wiki/Declaration_of_Independence   (1911 words)

  
 case vacanza affitto sardegna   (Site not responding. Last check: 2007-10-10)
The constitutive theory of statehood, case vacanza affitto sardegna and the remainder relocated to Belize yet amazingly, case vacanza affitto sardegna MacGregor escaped prosecution, case vacanza affitto sardegna lived out his days in Venezuela, case vacanza affitto sardegna and was the creation of the island.
In the declaratory theory was the standard nineteenthcentury model of statehood, case vacanza affitto sardegna declarative theory of statehood are the distinctive signs of an archaic phonetic features among Romance languages: The most spoken languages were banned.
See also: constitutive theory of statehood and declarative theory of statehood, case vacanza affitto sardegna declarative theory of statehood, case vacanza affitto sardegna and the metalworking factories of the most various fields of civil life, from crockery to water pipes.
case-vacanza-affitto-sardegna.kpokg.info   (3411 words)

  
 Statehood
The conflict theory, in particular, is often combined with one of the other three in order to separate the illegitimate states (those created through conflict and subjugation) from the legitimate ones.
Further, in Marxist theory, classes and other forms of exploitation should be abolished by establishing a socialist system, to be followed later by a communist one.
In conservative thinking, which is based on the theory of (super)natural authority, the existing structure of traditions and hierarchies (of class, patriarchy, ethnic dominance, etc.) is seen as benefiting society overall.
www.kopete.org /Statehood.html   (3564 words)

  
 state   (Site not responding. Last check: 2007-10-10)
On the other hand, article 3 of the convention is attacked by the advocates of the constitutive theory of statehood, where a state exists only insofar as it is recognized by other states.
Further, in Marxian theory, when classes and other forms of domination are abolished, the state will "wither away" in the sense that it will be dominated democratically by the people rather than being a force that coerces people to accept relationships of domination and exploitation.
In conservative thinking, the existing structure of tradition and hierarchies (of class, patriarchy, ethnic dominance, etc.) are seen as benefiting society as a whole.
wapipedia.org /wikipedia/mobiletopic.aspx?cur_title=state   (1429 words)

  
 THE AMERICAN DECLARATION OF INDEPENDENCE THOMAS JEFFERSON
One later theory as to why the Declaration was aging so soon after its creation stems from the common 18th-century practice of taking "press copies." Press copies were made by placing a damp sheet of thin paper on a manuscript and pressing it until a portion of the ink was transferred.
The longest of the early sojourns of the Declaration was from 1841 to 1876.
The Declaration was to be housed in a frame of gold-plated bronze doors and covered with double panes of plate glass with specially prepared gelatin films between the plates to exclude the harmful rays of light.
www.solarnavigator.net /history/declaration_of_independence.htm   (9702 words)

  
 State - 1031exchangewiki.com   (Site not responding. Last check: 2007-10-10)
In theory a state is an entity that enjoys extensive autonomy in its domestic economic and social policy, largely free from interference from other states and powers.
However, number of modern commentators have claimed that we are experiencing the decline of the Westphalian state as the principal actor of the international system, pointing to economic, cultural, political, and technological changes in the world, such as globalization and the emergence of regional and supernational groupings such as the European Union.
The pluralist theories of the state assumed that the state was composed of different political actors and that the well-being of the state depended on allocating power to the most representative groups or individuals.
www.1031exchangewiki.com /~c1031exc/index.php?title=State   (4570 words)

  
 Constitutive theory of statehood - Wikipedia, the free encyclopedia
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.
It is the opposing point of view to the declarative theory of statehood, which defines statehood in terms of several de facto characteristics of a region.
Moreover, the constitutive theory is open to political abuse, as examples such as South African "homeland states" or the instigated secession of Katanga from the Congo show.
en.wikipedia.org /wiki/Constitutive_theory_of_statehood   (355 words)

  
 Sovereignty - Wikipedia, the free encyclopedia   (Site not responding. Last check: 2007-10-10)
According to the theory of John C. Calhoun, the states had entered into an agreement from which they might withdraw if other parties broke the terms of agreement, and they remained sovereign.
However, Calhoun propounded this as part of a general theory of "nullification", in which a state had the right to refuse to accept any Federal law that it found to be unconstitutional.
According to the theory expounded in the Federalist Party, the individual states did not, after the formation of the constitution, remain completely sovereign: they retained possession of certain attributes of sovereignty, while others were ceded to the Federal government; while many states existed, only one sovereign survived.
88.208.194.172 /wiki/index.php/Sovereignty   (1001 words)

  
 palestine state information
Several of these philosophies use one form or another of the social contract theory, which affirms that the role of the state is (or should be) to follow the will of the people and serve their interests, as they define them.
Further, in Marxist theory, classes and other forms of exploitation should be abolished by establishing a socialist system, which must involve a democratic state.
Thus, the ideal condition of the state in Marxist theory is the same as in anarchist theory: ideally, the state would not exist at all.
www.global-terror.com /palestine/palestine-state.htm   (1596 words)

  
 International Law Outline
Declaration of Maritime Law: set the rules of maritime law between Austria, France, Prussia, Sardinia, Turkey and U.K. but other parties accepted it as the rules of customary law.
Declaration of Understanding: a state’s determination of what it considers a treaty to mean has no legal standing.
Space: The prevailing theory in the field of outer space is that every state may explore and use outer space, free of national appropriation by another state.
www.javvo.com /colerche/ILoutline_000.htm   (10220 words)

  
 Is Pridnestrovie a country? | Pridnestrovie.net - Tiraspol, PMR: Pridnestrovskaia Moldavskaia Respublica (Transnistria)
As per the declarative theory of statehood (prevalent in international law), that act made it a separate independent country — the same way that neighboring Moldova's Declaration of Independence marked the founding of the independent Republic of Moldova and freed it from Soviet Union rule.
Statehood is independent of recognition by other states: The first sentence of article 3 of the Montevideo Convention explicitly states that "The political existence of the state is independent of recognition by the other states."
The most basic test of statehood is to determine to what extent a country is truly sovereign in one or more of three types of sovereignty: Juridical sovereignty, Westphalian sovereignty and domestic sovereignty.
pridnestrovie.net /pridnestroviestatehood.html   (1360 words)

  
 Encyclopedia   (Site not responding. Last check: 2007-10-10)
Liberalism is based on the consentual theory; Marxism on the internal conflict theory; anarchism and some forms of libertarianism are based on the conquest theory.
Further, in Marxist theory, classes and other forms of exploitation should be abolished by establishing a socialist system, which requires a dictatorship of the proletariat.
According to Marxist theory, the state will then slowly "wither away" as the dictatorship takes more and more power" in the name of the people," and engineers representative democracy, and later direct democracy.
simple.seowaste.com /state   (1980 words)

  
 Discover the Wisdom of Mankind on HACKED BY TURK-SOPHİA
Declaration of the Establishment of the State of Israel (en)
Declaration of the Establishment of the State of Israel, May 14, 1948 (en)
Declaration of the Grand Lodge of the 3 Globes at Berlin (en)
www.blinkbits.com /wikifeeds/DE?from=3000   (342 words)

  
 The Head Heeb: Montevideo in action
The Montevideo Convention, which is among the foundations of the "declarative theory" of statehood, provides that a political entity qualifies as a state if it has a territory, a permanent population, a government and the capacity to enter into relations with other states.
This suggests that, if the verdict is upheld, Israeli courts would not recognize an indictment brought against a member of the PNA government in connection with state administration or even an attack on a purely military target.
The judge certainly seems to have relied on the declarative theory of statehood, which isn't really surprising for an Israeli court; given the number of countries that don't recognize Israel, adoption of the constitutive theory of statehood could have unforeseen consequences.
headheeb.blogmosis.com /archives/031963.html   (1328 words)

  
 The Insecure State
While giving equal prominence to the more tangible elements of the state, his acknowledgment of the subjective, ideational dimension of statehood is an important corrective to the ostensibly objective criteria that have been offered in other definitions.
This persistent inability to understand the true nature of statehood, to mistakenly apply the outmoded notions of the past to contemporary affairs, is at the heart of the conceptual muddle surrounding the meaning of security in the post-Cold War world.
Anxious to articulate the object and scope of the inquiry was a new breed of thinkers who had little patience with the conceptual strictures of established doctrine and insisted, to paraphrase Georges Clemenceau, that security was too important to be left to the political scientists.
www.mtholyoke.edu /acad/intrel/rosso.htm   (8256 words)

  
 State
The "state" can also be defined in terms of domestic conditions, specifically the monopolization of the legitimate use of force within a country.
Currently, the entire land surface of the Earth is divided among the territories of the roughly two hundred states now existing, with the special case of Antarctica, a variety of disputed territories, and a number of areas where state power exists in theory, but not in practice (the most significant of these being Somalia).
Based on the conflict theory, anarchists argue that state power is completely illegitimate and should be abolished as soon as possible.
www.ufaqs.com /wiki/en/st/State.htm   (3486 words)

  
 Wikinfo | State
State is also an important term in dynamical systems and chaos theory, computability theory and quantum entanglement.
State can also be used as a synonym for "phases of matter" or "general condition".
Images, some of which are used under the doctrine of Fair use or used with permission, may not be available.
www.internet-encyclopedia.org /wiki.php?title=Statehood   (672 words)

  
 Glossary for International Law & Organization   (Site not responding. Last check: 2007-10-10)
Absolute Theory of Sovereign Immunity Historical theory precluding law suits against one nation in the courts of a second nation, even when the first was engaged in a commercial enterprise.
Declarative Theory of Recognition Once the elements of statehood are achieved, formal recognition by other States merely acknowledges the previously existing de facto status of the territory as an international person.
Restrictive Theory of Sovereign Immunity Under this modern theory, a foreign State may be subjected to a local suit when it is engaged in a commercial enterprise.
members.aol.com /mtaylor768/PSC318_Glossary.htm   (4607 words)

  
 20th WCP: Main Trends of Contemporary Russian Thought
The theory of systems and general methodology, as related to the philosophical problems of artificial intelligence and cybernetics, have been elaborated in the works of Georgy Shchedrovitsky, Vasily Nalimov, Yuly Shreider, and Georgy Mel'nikov.
For example, Gumilev advances an original theory (which sometimes echoes Oswald Spengler's "morphology of culture") that explains the rise and decline of ethnic formations by biological rather than social factors, namely by disproportionate infusions of cosmic energies into the biological mass of humankind.
Traditionally in Russia, political platforms have been constructed on a framework of the most general, "filosofical" ideas; in the early 1990s, competing metaphysical theories were rushing in to fill the demolished and excavated site with a foundation for a new political architecture.
www.bu.edu /wcp/Papers/Cont/ContEpst.htm   (5175 words)

  
 Geopolitical Aspects of the Abkhazian Statehood:some results and perspectives, V. Chirikba
Abkhazia has declared that it would wish to establish associated relations with Russia, on the model of those existing between the USA and the Marshall islands (whose status is officially designated as “the constitutional government in free association with the USA”).
Then Saakashvili himself was compelled to declare the necessity of a more restrained approach to the settlement of the Abkhazian question.
The imposition/tightening of significant political, economic and, quite probably, military pressure on South Ossetia and Abkhazia, including blockades, increase in tension and a concentration of armed forces near the borders, a smear campaign against these republics by accusing them of the transit of drugs, smuggling and the commission of other sins.
www.circassianworld.com /Chirikba.html   (2967 words)

  
 state
Liberalism is based on the consensual theory; Marxism on the internal conflict theory; anarchism and some forms of libertarianism are based on the conquest theory.
Further, in Marxist theory, classes and other forms of exploitation should be abolished by establishing a socialist system, which initially requires a dictatorship of the proletariat.
According to Marxist theory, the state ought subsequently to slowly "wither away" as the dictatorship devolves more and more power "to the people" in new systems of organisation, and complements representative democracy with direct democracy.
www.measuroo.com /soc-S/state.php   (3092 words)

  
 The Admission of New States to the International Community - Christian Hillgruber
In contrast, the significance of the mutual sending of ambassadors after the declarations made in April 1996 was merely that of full `diplomatic recognition' of the Federal Republic of Yugoslavia by the EC Member States.
All other requirements for statehood according to international law, in particular the existence of effective power of control over a territory and its inhabitants, are derived from this one decisive criterion of the necessary ability and readiness to act in accordance with international law and, as such, take on the character of international standards.
In recognizing the statehood of nations emerging as independent entities after colonial rule from the beginning of the 1960s, the classical criteria of statehood according to international law, in particular the existence of effective power to rule by the new state, have no longer been carefully examined by the community of states.
www.tamilnation.org /selfdetermination/98new_states.htm   (6302 words)

  
 Micronation - Microwiki   (Site not responding. Last check: 2007-10-10)
In the real world, the Montevideo Convention (http://en.wikipedia.org/wiki/Montevideo_Convention) still holds some currency although it is now more of a guideline to the declarative theory of statehood (http://en.wikipedia.org/wiki/Declarative_theory_of_statehood).
A nation which meets all of these criteria would, under the declarative theory, be entitled to recognition as an independent sovereign state.
The consequent problem if this was universally accepted - a worldwide epidemic of secessions - gives rise to the constitutive theory of statehood (http://en.wikipedia.org/wiki/Constitutive_theory_of_statehood) under which a state only exists when it is recognised by other states.
www.shireroth.org /wiki/index.php?title=Micronation   (680 words)

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