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    Saturday, 31 December 2016

    State, its kinds, states and functions

    It is very difficult to provide any suitable and scientific definition of the state for states, for states in different ages of human history exhibit attributes defying synthesis.

    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.

    W Wilson

    State is the people organized for law within a definite territory.

    Independent of States

    The various kinds of states are as under

    Independent States
    Independent states enjoy complete freedom from the interference of external agencies in their internal and external affairs. They have freedom to enter into treatise and pacts with other states. They can like part in it conferences and conventions on the basis of equality. They can declare war with conventions on the basis of equality. They can declare war with other nations and can be friend any nation they like. In other words, there is no check in the will and discretion of independent states. Independent states are called sovereign states in international Law.

    Dependent States
    A dependent (non-sovereign) state, according to Salmond, is one “which is not complete and self-existent, but is merely a constituent portion of a greater state which includes both it and others, and to whose government it is subject.”In simple words, they are imperfect subjects of international Law.

    Kinds of states

    Dependent states have been classified into following categories viz,

    i. Visual State
    A vassal state is one which is completely under the control of another state. While enjoying a certain amount of autonomy in the management of domestic affairs, with respect of foreign affairs, such states are controlled and directed by the protecting state.

    ii. Protectorates
    In the case of a protectorate, a weak state seeks the protection of a strong state by the conclusion of a treaty, with the result that the important international business is left to the protecting state. The protecting state exercises a varying measure of control over the external relations of the weak state depending upon the provisions of the treaty. Oppenheim calls the relationship a kind of international guardianship.

    iii. Condominium
    A condominium exists when two or more external powers exercise joint dominium over a particular territory. According to Oppenheim, In the case of condominium, a piece of territory is under the joint tenancy of two or more states, these several states exercising sovereignty co-jointly over it, over the individuals living thereon.

    Function of state

    The functions of state can be divided into three main categories.

    a. Protective Functions
    Protective or police functions are those indispensable and essential activities of the state upon which its existence depends, such as the preservation of external security and the maintenance of internal peace and order.

    b. Welfare Functions
    It is now generally admitted that the state has a define responsibility for the material welfare of its members. To achieve this end, the state undertaker many educational and other welfare schemes for the betterment of the people.

    c. Economic Function

    State is the direct agent of the economic life of the community. It endeavors to improve or doctor the existing economic order. State undertakes the regulation of trade, commence, money market and credit agencies. Laws are also enacted to prevent malpractices in the economic filed.  
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    Item Reviewed: State, its kinds, states and functions Rating: 5 Reviewed By: Usman Ali
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