The nation is an important part of the international community, a political concept that is meaningful to people all over the world. So, in essence, in international legal documents and Vietnamese law, what are the elements that make up the country? Please follow the following article of Le Hong Phong High School to know the answer.
What is country?
Country is a geographical and political concept, abstracted mentally, emotionally and legally, to refer to a sovereign territory, a government and the people of the peoples present on that territory. ; They are bound together by law, interests, culture, religion, language, and writing through the history of the nation’s founding, and those who accept that culture and history of founding the country are subject to the same responsibility. domination of the government, and, together they share the past as well as the present and together build a common future in the sovereign territory.
The state is the most important subject of international law. Up to now, there are about 195 countries in the world. The definition of a nation is often discussed under the headings of “state status” or “state execution”. Usually, when it comes to the definition of a country, textbooks usually begin with the 1933 Convention on the Rights and Obligations of States (referred to as the Montevideo Convention). This Convention is not a universal multilateral treaty, but only a treaty of 16 countries in the Americas region. Despite its limited universality, the 1933 Montevideo Convention is, to date, the only legal document in international law that provides a national definition. Therefore, this is a good starting point to discuss this issue. Subjects of International Law are entities that are participating in or capable of participating in international legal relations independently, have full international rights and obligations and are capable of shouldering international legal responsibilities. from the acts performed by the subject himself.
Country is also sometimes used to refer to a country water nice country, like “Vietnam is a country in Southeast Asia”. These two concepts, although often used interchangeably, have different nuances.
The adjective “country” is used to refer to the level of national importance and/or government sponsorship such as “National Library, National Archives Center, National Dictionaries Council…”
In terms of public international law, a subject is considered a state when it has all of the following factors: territory, population and government. The state is an important subject of international legal relations.
Currently, the world has 195 countries under the United Nations, including 193 countries and 2 observers, Vatican City and Palestine.
Elements that make up a nation
Article 1 of the Convention states: “A State as a subject of international law should have the following criteria: a) a permanent population; b) defined territory; c) government; and d) the ability to enter into relations with other countries.”
According to the above provisions, a State is made up of four elements, respectively: permanent population, defined territory, government, ability to enter into relations with other countries. Specifically
It is one of the essential factors for the existence and development of each country. National territory is a part of the earth including land, water, airspace, underground, territory of a country must be clearly defined by the land border with neighboring countries or areas that do not belong to any country, that country must be identified on the world administrative-geographic map with a clear location and place, but between countries there may be disputed territories, but in order to ensuring the definite territorial element, that country must have a completely clearly defined territory under its sovereignty.
A country that cannot be separated from the human factor means that it has a stable population on that territory, most of the population must be citizens of the host country, who live in a stable and long-term position are those with legal status. rights and obligations towards the nation, the country also exercises its rights and obligations towards its citizens, has a history, tradition, culture, and origin associated with the territory in which they are living, attached long term with the host country.
Being a must-have element to run society, having sovereignty is trusted by the people, having full sovereignty and power in the implementation of internal and external relations, that is, having the real power to run the country. in the legislative, executive and judicial decisions to determine the political destiny of the nation, freely choose the form, political, economic, cultural and social institutions for its country, that government must grasp Foreign power means having the right to represent a country to participate in international relations, having the ability to establish international legal relations.
Possibility to enter into relations with other countries
If the above four factors are not met, it is not considered a country. For example: Currently, there are many views that the Vatican is the smallest country in the world. However, in reality the Vatican is not an independent country in the true sense of the word. Looking at it from the perspective of its constituent elements, we can see that the Vatican has a definite territory with a very small area of about 0.4 km.2 and is located entirely in the territory of Italy, has a population of about 1000 people, has an executive apparatus, is capable of independently participating in certain international legal relations (the Vatican has participated in it) a number of international conventions such as the 1961 Vienna Convention on the establishment of diplomatic relations, the Holy See also participates as an observer of a number of international organizations such as the United Nations…). Looking at its external appearance, the Holy See is like an independent state, but if you consider these factors deeply, the Vatican is not a country, because:
+ Regarding population, the people living in the Vatican are actually citizens of many different countries: Switzerland, Italy… they are only considered as residents of the Vatican when they serve the Pope. The population factor is not stable, they appear mainly to perform official duties with the Vatican.
To better understand the four factors mentioned above, we will study and analyze each factor as follows:
What is a national territory?
A national territory is a part of the earth that is under the complete, complete and absolute sovereignty of a country. Geographically and legally, the national territory consists of four components: land, water, airspace and underground. The national territory of the Socialist Republic of Vietnam is stipulated in the Constitution. The 2013 Constitution stipulates that land, islands, sea and airspace are included.
National territories are territorial parts under the complete, absolute or separate sovereignty of a state, where the state maintains limits of state power over a certain population. National territory is integral and inviolable based on the legal status of national territory determined by the state, in accordance with international law.
National territory in English is translated as WOMENational territory.
The national territory is composed of the following elements:
Population is one of the important components constituting the state – the basic subject of international law. Population is . That is, the national population usually includes two parts: citizens of that country and foreigners (including nationals of the country, other, stateless people).
In terms of international law, the people are not the same group of individuals of different nationalities (in terms of legal relations) but are the community that make up the national title from the point of view of jurisdiction and state power. country within a certain territory, is an aggregate of people who live and reside in the territory of a certain country and are governed by the laws of that country. The legal status of the population as a whole is determined by the national law of the host countries and by international law.
Stemming from national sovereignty, each country has a separate authority to determine the legal status for each segment of its population, other countries do not have the right to interfere. However, when exercising sovereignty, each state must respect universally recognized international laws and practices, respect basic principles of international law, and respect recorded international commitments. recognized in relevant international legal documents.
Pursuant to Clause 8, Article 2 of the Residence Law 2020 stipulates that the place of permanent residence is the place where the citizen has a stable and long-term residence and has been registered for permanent residence;
So the permanent population is a heterogeneous collection of individuals of different nationalities (in terms of legal relations) but a community that makes up the name of the nation from the point of view of jurisdiction and state power. on a certain territory; have a stable, long-term life and have been registered for permanent residence.
Government of a country
The government is the executive and management apparatus of the state. The government is divided into central government and local levels of government
Central government is the collection of all central government agencies. Local government is the collection of all local government agencies. Local government includes provincial government, district government and commune government.
Possibility to enter into relations with other countries
As mentioned, this ability comes from national sovereignty when performing its foreign function. Each country has its own sovereignty and arises the possibility of participating in bilateral and multilateral international relations.
Peace and cooperation are still the dominant trends in international relations. The development trend of a multi-polar and multi-centre world has become increasingly clear. Besides, the development trend of the world economy is showing signs of gradually shifting to developing countries, from the West to the East and to the South. Vietnam, as a developing country, having diversified economic relations with many countries in both developed and developing groups, can fully take advantage of this trend, participating in economic groups. new economic force to promote national economic growth.
Each country has its own international integration motto, but all must be goodwill and honest.
For Vietnam, we actively integrate into the world, actively move towards independence and self-reliance, and protect national sovereignty.
Video on the Elements of a Nation. Things you need to know
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