Understanding the State: Functions, Types, and Recognition
Defining the State
Defining the state is complex due to its evolving nature throughout history. Various scholars have attempted to capture its essence:
Notable Definitions
Cicero
“State is a numerous society united by a common sense of right and mutual participation in advantages.“
Bluntschli
“The state is the politically organized people of a definite territory.“
Woodrow Wilson
“State is the people organized for law within a definite territory.“
Types of States
Independent States
Independent states, also known as sovereign states in international law, enjoy complete autonomy in their internal and external affairs. They can form treaties, engage in international relations, and exercise their will without external interference.
Dependent States
Dependent states lack complete sovereignty and are subject to the authority of another state. They have limited autonomy and their international affairs are often controlled by the dominant state.
Types of Dependent States
Vassal States
Vassal states are under the control of another state, particularly in foreign affairs, while retaining some autonomy in domestic matters.
Protectorates
Protectorates are weak states that seek protection from stronger states through treaties, ceding control over their international relations.
Condominiums
Condominiums involve joint control over a territory by two or more external powers, exercising shared sovereignty.
Functions of the State
Protective Functions
The state’s primary responsibility is to ensure security, both internally through maintaining law and order and externally by safeguarding against threats.
Welfare Functions
Modern states are increasingly involved in promoting the welfare of their citizens through education, healthcare, and other social programs.
Economic Functions
States play a significant role in regulating and influencing the economy through trade policies, monetary measures, and market interventions.
Theories of Recognition
Two main theories address the recognition of states in international law:
Constitutive Theory
This theory posits that a state’s legal existence and sovereignty are established through recognition by other states. It suggests that an unrecognized state lacks international legal standing.
Declaratory or Evidentiary Theory
This theory contends that statehood exists independently of recognition. Recognition merely acknowledges an existing reality and confers certain legal benefits.
Criticism of the Theories
Both theories have limitations. The constitutive theory’s assertion that unrecognized states have no rights or duties is unrealistic. The declaratory theory, while acknowledging the pre-existing reality of statehood, overlooks the legal consequences of recognition.
International practice leans towards the declaratory theory, but the truth likely lies somewhere between the two extremes, with the applicable theory depending on the specific context.