community of

V According to Salmond, Dz State is a

people, which has been established for some
objectives such as internal order and external
security.dz

V According to Oppenheim the existence of State is

people of the State have
possible only when the
settled under the highest Governmental
authority and habitually follow its orders.
V According to Article 1 of The Montevideo Convention,
1933, the ingredients of State are:
(a) Permanent Population,
(b) A definite Territory,
(c) A Government, and
(d) A capacity to enter into relations with other States.
According to Oppenheim the fourth element is
Sovereignty. Holland further added an essential
element that is DzCivilizationdz because of which the
State becomes an international person.
V =asically two functions are performed by States in the
modern world and these are:
(1) Primary Functions: these are those functions which are
considered very necessary for the existence of State like
defence, administration of justice etc.
(2) Secondary Functions: are like legislation, taxation, welfare
measures etc.
Previously the concept of Police State prevailed (Internal
peace and order and to defend it from external aggression)
Now the concept of welfare State is over there. State has to
do many functions like economic, educational, cultural,
social functions.
Laisez Faire policy to welfare State.
V Confederation: formed by States who are independent
in international field. Confederation has no
International Personality and the States forming
confederations are not treated as International
Persons. Example: USSR.
V Federal State: A federal State is formed by the merger
of two or more sovereign States. It has international
personality. (Features of Federal State: Division of
powers, written Constitution, Rigid Constitution,
Supremacy of the Constitution, Independent
Judiciary). Example: USA, Switzerland etc.
V Condominium: a territory on which two or more States
exercise sovereignty. Example: England and France
had a joint sovereignty over New Hebridges.
V Vassal State: a State which is under the suzerainity of
another State. That is to say that the State is under the
International Guardianship of another State. It has no
sovereignty of its own and it is not to be called as State.
A vassal State is bound by treaty of war and peace
entered into by the State which is being treated as
guardian State. A vassal State is completely dependent
on other State in external matters.
V Protectorate State: A State which entrusts some of its
important functions to another Sovereign State. Some
sought of sovereignty is over there with the
protectorate State and it remains a State under the
International Law. Ex. =hutan is a Protectorate State of
India. A protectorate State generally entrusts its
defence and external affairs etc. to another State. A
protectorate State has sufficient sovereignty so
declaration of war and peace made by the protecting
State with another State is not binding upon it.
V SELF PRESERVATION.

V EQUALITY OF STATES.

V INDEPENDENCE OF TERRITORIAL SUPREMACY.

V TO GIVE ASYLUM.

V TO GET EXTRADITION OF CRIMINAL =Y

ESTA=LISHING HIS PRIMA FACIE LIA=LITY.
V DUTY NOT TO RESORT TO WAR.
V TO FULFIL TREATY O=LIGATIONS IN GOOD FAITH: maxims
ë
   
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V DUTY OF NON INTERVENTION
V DUTY TO REFRAIN FROM ENCOURAGING CIVIL
STRIFE IN THE TERRITORYOF OTHER STATES.
V DUTY TO RESPECT HUMAN RIGHTS AND
FUNDAMENTAL FREEDOMS.
V DUTY TO ENSURE INTERNATIONAL PEACE AND
SETTLE DISPUTES =Y PEACEFUL MEANS.
V DUTY TO RESPECT THE TERRITORIAL SOVEREIGNITY
AND POLICTICAL IDEPENDENCE OF EACH OTHER.