State (polity)

State ( or ugs nichtfachspr. Too country) is an ambiguous term forms of social and political sciences. In the broadest sense, it refers to a political order in which a particular group, organization or institution give privileged status - view of some in the exercise of (political ) power; according to others in terms of both the development of the individual and the society.

Ambiguity of the concept of the state

This very general definition is due to the fact that the term state is occupied in scientific but also ideologically with different content. It is possible to distinguish four main concepts of the state:

Because of the significantly divergent terms, a universal definition has been unable to emerge.

Conceptual history

The German word "state" is borrowed from the Latin status ( " state, condition, position "). This, therefore originating Italian lo stato came on in the Renaissance and called there the more or less stable form of a constitutional monarchy or a republic. The status regalis said position, power and influence of the king or prince came to power, and later its annex, of the court. The French translation état ​​could then be obtained (from the caste system towards civil society ) of a territory on the economic budget of the central government, and later on the legal and political unity of all citizens.

Only at the turn of the 19th century, the state receives its modern meaning. The personal rule of the monarch, his absolute sovereignty, was through the writings of Locke and Montesquieu into a functional " component of the political system ." Only with this detachment of the reign of the person of the monarch was the state as an abstract institution, as "action subject to his own will " be thought.

Its present meaning, the state then obtained as an external, always more powerful organization context of the community in recent times; from state- legal point of view there is this specific form of domination organization only since modern Europe.

The word story is an expression of the historical change of political authorities, is so controversial as to whether the modern state concept can be applied to older forms of rule. The is affirmed in part; others want to use the concept of the state for political communities of the modern age and older formations by their original names ( for example polis ( city-state ), civitas ( " citizenship " ), res publica ( " public matter " ), regimen ( " kingdom " ), regnum ( "kingdom" ) or imperium ), respectively.

Basics

For Niccolò Machiavelli (1469-1527) were all human powers, have power over men, the State. Jacob Burckhardt (1818-1897) saw the state one of the main forces in addition to religion and culture that determine human history.

Key aspects of today's lawful term interpretation are

• Some kind of political union of a larger group of people who
• In a more or less closed area
• Under a more or less uniform shape of - established, enforced or adopted - the exercise of power live.

These three main criteria have in modern international law since Georg Jellinek (1851-1911) emerged (→ Three - element theory ).

State belongs to a political entity that is responsible for creating and maintaining law and public order in society, and this may also prevail by means of a management, the state apparatus (→ primacy of politics ).

Emergence, emergence theories

The first states formed in the fourth millennium BC. About this prehistoric emergence of the first uniform written policy community, there are different historical theories that are often associated with the legitimacy of the current government.

Nowadays, in the almost completely nationalized world, new states can arise mainly in three ways:

• From one state a new state can be created by secession of a part of it.
• In a Dismembration decomposes a state and that it all form new states.
• Conversely, unite to form a new Fusion through (eg a reorganization of the federal territory ) two or more States; often it comes, however, to an integration: The German reunification led to no founding of new states, but the accession of territory was incorporated into the Federal Republic continues to exist.

For the organization within the meaning of incorporation see also: annexation

Forms of government

In modern political science, a distinction between forms of government, forms of government and government systems; a distinction that was unusual even in antiquity. In the ancient forms of government and regimes were used interchangeably. The most common classification is derived from Aristotle and assigns the six forms of government in good and bad forms of the exercise of power: The good forms are monarchy, aristocracy and polity, the degenerate forms are tyranny, oligarchy and democracy. Cicero had only the three positive forms of government ( monarchy, aristocracy, democracy ) as res publica apply (Cicero counts democracy to the good forms of government ).

Since the 20th century forms of government and civics are considered separately in political science and should not be confused with each other. We have to distinguish two basic forms of government: monarchy and republic. The form of government is the constitutional structure of a state - so the de jure state. Exactly how the state will actually ruled, however, is the particular form of rule -dependent ( de facto state). So many monarchies are governed democratically, whereas the rule does not necessarily emanate from the people in a republic. In order to characterize the political order of a State thus both terms needed.

The prevalent in the European Union and North America form of government is characterized by parliamentary and representative democracy (→ state model ).

Sociology

Ferdinand Tonnies ranks in the state community and society in the political sphere of " society". Max Weber follows the by " State " is defined in his sociology of domination as a human community whose administrative staff successfully within a given territory the monopoly of legitimate physical force (ie the monopoly of power ) claimed for the implementation of the orders. For the modern state are characteristic according to Weber, territoriality, violence monopoly, expert officialdom and bureaucratic rule. The demand for this form of political rule has spread globally at least since the era of colonialism.

Following the sociological concept of the state Franz Oppenheimer, the state is its essence and origin means " which was imposed by a victorious people group a defeated people group with the sole purpose of regulating the dominion of the first through the last and against internal rebellions and external attacks secure. "

As a system Niklas Luhmann uses the term "state" only in quotes. Luhmann defines the term as a semantic device: the state is not a political system, but the organization of a political system for self- description of this political system.

Economics

As a state is referred to in the economics of each exercising public business entity, such as a government or administration, and partly an institution sui generis. The state is regarded as the sum of all mandatory associations. Government action in the economic sense, therefore, the activities of all political levels ( ie local, regional and state institutions).

The state is regarded as economically acting subject in terms of its role and importance for an economy. The economics sees the state as the central support of economic policy. About governance, structural and process policy aims to ensure the functioning of the economic system.

In the national accounts, the state is an element of the economic process. He attacks by means of monetary transactions in a market processes:

• By buying and selling goods and services,
• By raising taxes and
• By making transfer payments ( eg subsidies, social benefits).

Fiscal policy determines how much money is for which items received and expended; their decisions will affect, among others, the budget, the national debt and economic growth. The consideration of the state as an economic agent only refers directly or indirectly controlled by any government facilities. Thus, independent central banks are not included. It is unclear the distinction between government and business sector; generally, for example, state-owned enterprises that are subject to profit, the corporate sector are attributed. If there is no profit motive, an employment is mostly attributed to the government sector.

To distinguish (or congruence ) of the terms " state" and " society ", see: state and society

International law

Characteristics of states

The classic international law recognizes three characteristics of the State:

• A population ( state population ),
• A geographically definable part of the earth's surface ( territory),
• A stable government, the effective force exerted ( state power ).

This so-called three- element theory was developed by the constitutional and international law Georg Jellinek. It is now generally recognized. With the fulfillment of the three features a state exists in the sense of international law, and thus a subject of international law.

The Montevideo Convention shall appoint as an additional criterion the capacity to enter into relations with other states. This matter has not become established in the science of international law and not according to the state practice of the present. The application of this criterion is limited indeed on one aspect of state power, namely the ability to act outwardly independent and legally independent in accordance with international law. These external sovereignty is a property of state power, but not an additional, fourth state feature.

Recognition of States

To be distinguished from the State Quality is the recognition of States. Such recognition has mainly represented by the view in the teaching and practice of a purely declaratory effect, that is, it is the property of the recognized state to be a state, not constitutive. However, the recognition of a strong evidentiary effect is pure fact, it can be concluded on the international legal existence as a state by the. According to the constitutive theory is the recognition by third states a constitutive element of statehood.

To be distinguished from the recognition of states is again the recognition of governments. This means a finding that a particular regime is legitimate of the government authority of a State. Since the recognition of a government concept already presupposes the recognition of the respective state, you come to independent significance only when refusal of recognition. This concerns in particular cases the takeover of a non ( democratic) legitimacy government - which may be for a so-called stabilized de facto regime also causally, ie " rule associations which have proved successful for a long time in a particular field and this effectively to the exclusion of other powers dominate "- eg as a result of a military coup.

Detection can be that play in the recognition of States increasingly political criteria play an important role. This showed in particular the recognition of the Republic of Kosovo. Watch can be also that States are increasingly recognized internationally only if they observe basic standards arising from international law. This includes, for example, a democratic constitution. A similar observation can also make as regards the recognition of governments.

Bernd Loudwin wrote in 1983, referring to two sources: " Just as the Tobar Doctrine, which has not prevailed, the Estrada Doctrine remained [note: 1930 ] essentially limited to a historical political role."

Succession of States

→ Main article: Successor State

The law of State succession governs the question of when and to what extent to enter new states in the legal positions of their predecessors States. Special attention learned this legal complex in the course of the dissolution of the Soviet Union and Yugoslavia. The State succession is regulated predominantly by customary international law. Although the Vienna Convention on Succession of States in agreements of 23 August 1978 and the Vienna Convention on Succession of States in assets, archives and debts of states each corresponding international treaties concluded by April 8, 1983, but the first-mentioned contract due to the low number of its States Parties of only little practical importance and is last mentioned contract in the absence of a sufficient number of ratifications has not entered into force.

Germany

However, the question of State succession arises only when a state does not continue the international legal identity of its predecessor state, but represents a new subject of international law. In an identity with the respective predecessor State is linguistically so not a predecessor State, but by the same state. Thus, the Federal Republic of Germany, for example, according to the prevailing view today subject identical to the defeated German Reich in 1945. As a result, there is a continuing bond to the received until 1945 Germany's obligations under international law and does not need to be renewed.

According to the Federal Constitutional Court was " with the establishment of the Federal Republic of Germany [ ... ] not established a new West German state, but a part of Germany reorganized. "

Russia and the Soviet Union

The Russian Federation ( Rossiyskaya Federatsija ) is a subject of international law not legal successor of the Soviet Union, but their " continuator State "; on 8 December 1991, signed at Brest now become independent from the Soviet Union States declared republics of Ukraine and Belarus, and Russia "Agreement on the establishment of the Commonwealth of Independent States' ( CIS, Russian: Sodružestvo Nezavisimych Gosudarstv ). It is true that the preamble to the CIS Foundation Agreement that "the USSR ended as subject of international law and as a geopolitical reality of their existence " have, but is " gone connecting thread with the outside world " in the Russian Federation after the dissolution of the union of these. The Russian SFSR had before - unlike the other former Soviet republics - in turn issued no declaration of independence.

On the CIS conference in the former Kazakh capital Alma- Ata said in a declaration of eleven successor states ( eight other countries were now on the Protocol as " Founding Members" included in the Community ) that " with the creation of the Commonwealth of Independent States [ ... ] the Union of Soviet Socialist Republics ended their existence " have. On 22 December 1991, I agreed with the Soviet President Mikhail Gorbachev to resolve the torso now to become Soviet state final. Now already all Soviet republics except the RSFSR had explicitly declared as part of the August coup of 1991 their independence from the central government. The newly formed Russian Federation took over the international legal rights and duties to the rest of the world. It was said in the " circular note " the Russian Foreign Ministry on 13 January 1992, which was sent to all diplomatic missions in Moscow, the Russian Federation is in turn caused all the rights and obligations that agreements concluded by the Soviet government would take over. ("[ ... ] The Russian Federation continues to exercise the rights and fulfill the obligations arising from agreements concluded by the Union of Soviet Socialist Republics contracts. Accordingly, the Government of the Russian Federation instead of the government of the USSR, the function of the depositary for the corresponding multilateral treaties perceive. [ ... ] ")

Russia is thus the newly organized on a federal basis subject of international law and as a state identical with the former RSFSR. This new base was logical after the end of the Soviet Union the subject of negotiations between Moscow and the republics. The step was taken unilaterally and without consultation with the other countries of the CIS. Thus was then clarified on the CIS meeting on March 20, 1992 in Kiev by a decision "that all participating States of the Commonwealth of Independent States are successors in rights and obligations of the former USSR ". The entry of the other former Soviet republics, for example, in the assets of the USSR had to be regulated separately, usually by agreement with the Russian Federation and the third countries concerned.

Number

In total there are 194 fully recognized ( by the UN and the UN members ) sovereign states, see list of countries in the world. This includes the 193 member states of the United Nations and the Vatican City State. The Holy See (not the Vatican City ) and the State of Palestine, the UN General Assembly granted observer status.

Other states are not recognized by the United Nations, but by a minority of the world's countries ( → List of not recognized by the United Nations as independent states areas):

• Abkhazia (of Nauru, Nicaragua, Russia, Tuvalu, Vanuatu and Venezuela accepted )
• Republic of China (Taiwan, recognized by 23 states )
• Kosovo ( of 107 countries, including Germany, Liechtenstein, Austria and Switzerland, recognized; see international recognition of Kosovo )
• Turkish Republic of Northern Cyprus ( recognized by Turkey )
• Sahrawi Arab Democratic Republic (from 46 states recognized; see international recognition of the Sahrawi Arab Democratic Republic )
• South Ossetia (of Nauru, Nicaragua, Russia, and Venezuela accepted )

In the case of Palestine was indeed the Palestinian territories awarded national independence by a majority of 134 of the world's recognized states, but a membership in the United Nations will remain for the time being denied.

Augustine's concept of the state

The eminent Doctor of the Church and philosopher Augustine ( 354-430 ) has states, at least when it lacks them to justice, compared with bands of robbers:

" What else are so rich, if they lack righteousness than great bands of robbers? But are also bandits nothing more than small kingdoms. Also there is a crowd of people, which is under the command of a leader, comes together by appointment to a community and by fixed agreement shall divide the spoil. If this evil entity by influx of depraved people so grows the Great, that occupied towns, established offices, conquered cities, peoples are subjected, it takes easily mention Rich, gives him obviously not about dwindling greed, but gained impunity. "