States, Nations, and

Globalization
State is a political community
that occupies a definite
territory; having an organized
government with the authority
to make and enforce laws
without the consent of a
higher authority.
ELEMENTS OF THE STATE

• 1. People - also known as

population or inhabitants.
• 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.
1987 Philippine Constitution-
Article 1- 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 the internal waters of the Philippines.
Territory-Archipelago Doctrine

Cluster of islands forming a territorial unity or a unit of water

studded with islands (Bernas) (the latter is from Delegate
Quitero, 1973 Const.)
Land area is everything that comes within the water area
Consists of a number of islands separated by bodies of water
should be treated as ONE INTEGRAL UNIT (Archipelagic Doctrine
of National Territory) instead of being fragmented (Nachura)
Territorial Domains

• Terrestrial Domain -> all surfaces of land above the sea; those
included within the baselines of the archipelago.
• Fluvial Domain -> inland waters; bays, rivers, streams, as well
as waters of the sea landwards from the baselines.
• Aerial Domain -> includes the air directly above the terrestrial
and fluvial domains. All the air that lies above our land territory
and water territory- all the way up to outer space where there is
no more air. The Aerial Domain extends up to where outer space
begins directly over our land and water territories.
Maritime Terms

• Territorial Sea is an adjacent/marginal belt of maritime waters

adjacent to the baselines extending 12 nautical miles outward, no
right of innocent passage.
• Contiguous Zone is a zone contiguous to the territorial sea and
extends up to 12 nautical miles from the territorial sea, and over
which the coastal state may exercise control necessary to prevent
infringement of customs, fiscal, immigration and sanitary laws and
regulations within its territory or territorial sea.
Maritime Terms

• Exclusive Economic Zone (EEZ) extends 200 nautical miles

from the baseline; not part of the national territory, but PD 1529
declares that PHL has sovereign rights to explore, exploit,
conserve and manage the natural resources of the seabed, subsoil
and subjacent waters. Other states are prohibited from using the
zone except for navigation and overflight laying of submarine
cables and pipelines and other lawful uses related to navigation
and communication.
• Continental Shelf-Countries have exclusive rights to natural
resources up to 350 nm.
• High Seas - beyond EEZ - "common heritage of humankind."
3. Sovereignty - refers to supreme and
absolute power within its territorial
boundaries.
Types of Sovereignty
1. Internal is the power of the state to rule
within its territory.
2. External is the freedom of the state to carry
out its activities without subjection to or
control by other states.
Characteristics of Sovereignty
1. Sovereignty is absolute from the legal
point of view.
2. Sovereignty is permanent.
3. Sovereignty of the state is universal.
4. Sovereignty is inalienable.
5. Sovereignty cannot be divided between
or shared by a plurality.
6. Sovereignty is exclusive.
4. Government - refers to the institution or agency or
instrumentalities through which the state maintains social
order, provide public services, and enforces binding decisions.
International recognition, e.g. by the UN.

Government refers to the institution or agency or an

instrumentality through which the state maintains social order,
provide public services, and enforces binding decisions.
Forms of Government
•1. Distribution of Power
•a. Unitary Government Power is held by one central
authority. Example: Philippines, Denmark, Italy, Finland, Peru,
and Rwanda.
•b. Confederation is a voluntary association of
independent states that often only delegate a few powers to
the central government. Weak or loose organization of states
agrees to follow a powerful central government. Examples:
The Commonwealth of Independent States (CIS) formerly
known as the Soviet Union, Switzerland’s canton system.
•c. Federal Government Power is divided between one
central and several regional authorities. Example: Malaysia,
USA, Nigeria, and Australia.
2. Citizen Participation
a.Autocracy. Form of government wherein one
person possesses unlimited power. The citizen has
limited, if any, role in government. The leader is
from a family or from a social class or from a strong
party.
b.Oligarchy is the government by the few.
Sometimes a small group exercises control,
especially for corrupt and selfish purposes. The
group gets its power from military power, social
power, wealth, religion, or a combination. In here,
the citizen has a very limited role. Thus, political
opposition is usually suppressed-sometimes
violently. Example: Communist countries such as
China. Leaders in the party and armed forces control
Democracy

• Democracy has two forms: Indirect democracy or

representative democracy is a form of democratic
government wherein the people directly elect their
leaders who will govern them and perform
governmental functions; and Direct democracy is a
form of government wherein the people will
convene in a mass assembly and directly formulate
and expressed the will of the state.
3. Legitimacy
a. De jure. It is a form of government wherein it
has the people’s support and possess
constitutional mandate. Therefore, it is a legitimate
government.
b. De facto. It is a form of government supported
by the people but no constitutional mandate or
legal support.
4. Executive and Legislative Relationship
a.Presidential. A form of government in which executive
branch exists separately from the legislature. The president is
constitutionally independent of the legislature because they
are elected directly by the people.
b.Parliamentary. A form of government in which members of
an executive branch (the cabinet and its leader) – a prime
minister, premier, or chancellor) are nominated to their
positions by a legislative or parliament, and are directly
responsible to it. The members of executive branch are also
members of the parliament or the legislative.
Origin of the State
1.Evolution Theory - 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.

2.Force Theory - Governments, emerged when people

were brought under the control of some power. States

emerged from the conquest of other families or tribes.

Origin of the State
• 3. Divine Right - 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 seen as a sin
against God.
• 4. Social Contract - It existed during the 17th Century &
Age of Enlightenment. People begin to challenge
monarchy and the idea of Divine Right
Inherent Powers of State

• 1. Police Power-power of the state to

regulate freedom and property rights of
individual for the protection of public
safety, health, morals, or the promotion
of the public convenience and general
prosperity. This is because the welfare of
the people is the supreme law.
Inherent Powers of State
2. Eminent Domain-power to take private property for public use

upon payment of just compensation. It is exercised through national or

local government and private persons or corporations authorized to

exercise functions of public character.

3. Taxation-power to impose tax on individuals and properties to

support the government. Tax-lifeblood to government

Concept of Nation
Nation is the social construction of a collective
identity. It is an imagined political community that
is imagined as both inherently limited and
sovereign. It is also defined as a group of people
who share the same history, geography, language,
customs, and sometimes religion.
Concept of Nation-State
The nation said to be imagined because
members have a mental image of their
affinity. It is limited because nation have
“finites, if elastic boundaries, beyond which
lie other nations”. It is sovereign insofar as
no dynastic monarchy can claim authority
over them.
Distinction between the State and
Nation
Moreover, the nation-state as being defined by UNESCO
“is one where the great majority are conscious of a
common identity and share the same culture”.
In addition, nation-state “is an area where the culture
boundaries match up with the political boundaries”. The
ideal of nation state is that the state incorporates people
of a single ethnic stock and cultural traditions. Therefore,
nation state would exist if nearly all the members of a
single nation were organized in a single state, without
any other national communities being present. Although
the term is widely used, no such entities exist.
Distinction between the State and Nation

State Nation

 Exited not only at present but  Modern phenomenon.

also in the ancient period.

 It is legal political.  It is racial cultural.

 People organized for law  People psychologically joined

within a definite territory. together with common will to

live together.
Distinction between the State and Nation

State Nation

 A state must be sovereign.  People continue as a nation even

if they do not remain sovereign.

 Inhabited by  Inhabited by homogenous groups

heterogeneous groups of of people.

people.
Concept of Globalization

• Globalization also known as global industrialism

is a process of forging international political,
economic, religious, and socio-cultural
interconnection.
• The concept of sovereign nation-state is
increasingly being challenged by globalization.
Concept of Globalization

• Globalization also known as global industrialism

is a process of forging international political,
economic, religious, and socio-cultural
interconnection.
• The concept of sovereign nation-state is
increasingly being challenged by globalization.
Globalization is a contested concept
There are three positions in the debate
1.The retreat from the state position: States are losing

power and influence.

2.The state-centric position: States have even managed to

expand their capacities for regulation and control.

3. Pragmatic position: Process of national transformation.

States are "winning and "losing" at the same time.

Sorensen (2008) argues that modern
states are based on:
1. National economy: Removal of geographical barriers to trade and the

building of a nation-wide infrastructure.

2. National government: A centralized system of democratic rules and active

political administrative capacities within a precisely defined territory.

3. Nation: People who build a community of sentiment and a community of

citizens.

4. Sovereignty: No final political authority outside or above the state.