The Global Interstate

System and
Contemporary Global
Governance
Chapter 5&6
Learning Outcomes
1. Explains the effects of globalization on governments
2. Identify the institutions that govern international relations
3. Differentiate internationalism from globalism
4. Identify the roles and functions of the United Nations
5. Identify the challenges of global governance in the twenty-first
century
6. Explain the relevance of the state amid globalization
What is State?
• A state is a community of persons, more
or less numerous, occupying a definite
territory, possessing an organized
government, and enjoying
independence from external control.

• It is dwelled by people permanently

occupying a fixed territory and bound by
common-law habits and customs into
one body politics, exercising through the
medium of an organized government,
independent sovereignty and control
over all persons and things within its
boundaries capable of making war and
peace and entering into international
relations with other communities of the
globe.
Nation and State
• Nation is defined as people, or
aggregation of men, existing in
the form of an organized society
usually inhabiting a distinct
portion of the earth, speaking the
same language, using the same
customs, possessing historic
continuity and disguised from
other like groups by racial origin
and characteristics, and generally
but not necessarily, living under
the same government and
sovereignty.
Elements of
the State
Elements of the State:
PEOPLE
• This is the entire body of those citizens of a
state who are invested with political power for
political purposes.

• It is necessary to the existence of the state.

• There can be no functionaries to govern and

no subjects to be govern without the people.
The number should be neither small nor too
large.

• It should be large enough to be self-sufficient

and small enough to be well governed (Martin,
1984)
Elements of the State:
TERRITORY
• It is a geographical area under the jurisdiction of another country
or sovereign power or state.

• It must be a fixed territory which the inhabitants occupy. Nomadic

tribes who travel from place to place, may not establish a state
since they are not occupying a fixed territory. A state must have a
territory sufficient in extent to provide for its maintenance and
growth.
Four modes by which a state can acquire
territory
• Discovery and occupation
– a state may acquire territory by discovering a continent, an
island or land with no inhabitants or occupied by uncivilized
inhabitants and there after occupying it by placing it under its
political administration.
- discovery without subsequent occupation is not sufficient to
acquire territory.
There is effective occupation when The following lands can be subjects
the following are met; of discovery and occupation;

a. That the parties occupying the 1. Uninhabited lands

territory must have been
authorized by the state for which 2. Lands inhabited by uncivilized
they are acting; persons
b. That the state must by formal act 3. Lands discovered by a state
evidence its intention to acquire but which it failed to occupy for
sovereignty over the new
territory; and unreasonable length of time
c. That there must established
within a reasonable time after
discovery some government
authority.
Four modes by which a state can acquire
territory
• Prescription
– it is the mode of acquiring a territory through continuous and
undisputed exercise of sovereignty over it during such period as
is necessary to create under the influence of historical
development the general conviction that the present condition of
things is in conformity with international order.
• Cession
-it is the assignment, transfer, or yielding up of territory by one
state or government to another.
- cession may be in the form of sale or donation.
Four modes by which a state can acquire
territory
• Subjugation and Annexation
– it is a mode of acquiring territory belonging to a state by
occupation and conquest made by another state in the course of
war and annexation at the end of the war
- conquest and annexation are also called involuntary cession.
• Accretion
- it is another mode of acquiring territory by addition of portions
of soil, either artificial such as the reclamation area in Manila Bay,
or natural by gradual deposition through the operation of natural
causes such as the waves of the ocean.
Elements of the State:
GOVERNMENT
• Is the totality of authorities which
rule of society by prescribing and
carrying out fundamental rules
which regulate the freedom of its
members.

• It is composed of the executive,

legislative, judiciary and
administrators with
corresponding roles in
administering the affairs of the
state.
Kinds of Government

1. De jure or legitimate 2. De facto or illegitimate government

government - a government that maintains itself
- established according to the by a display of force against the will of
constitution, and lawfully entitled the rightful legal government and is
successful, at least temporarily in
to recognition and supremacy overturning the institutions of the rightful
and administration of the nation, government by setting its own lieu.
but which is actually cut off from
power or control. Three kinds of de facto;
1.government by revolution,
2. government by secession,
3. government by occupation
Elements of the State:
SOVEREIGNTY
• It is the supreme absolute and
uncontrollable power by which an
independent state is governed.

• It is the paramount control of the

constitution and the frame of government
and its administration
There are two kinds of Sovereignty
• Internal Sovereignty
– the power to control and direct the internal affairs of a
country such as the authority to enact, execute, and apply laws.
- it is not a factor in determining whether an entity is a state:
• External Sovereignty
- is the power of an independent state to control and direct its
external affairs such as the authority to enter into treaties with
other states to wage warm, and to receive and send diplomatic
missions.
CONTEMPORARY GLOBAL
GOVERNANCE
• Global Governance is the capacity within the international system, at
any given moment to provide government-like services and public
goods in the absence of a world government.

• It is the combination of informal and formal ideas, values, rules,

norms, procedures, practices, policies and organizations that help all
actors, states, IGOs, civil society and NGOs, and individuals identify,
understand and address transboundary problems.

• A set of questions that enable us to work out how the world is and
could be governed.
International law
• Defined as the rules and • The law had originally dealt only
principles that nation-state with nations as entities, but a
consider binding upon growing body of law rejected the
themselves. idea only nations can be subject
to international law
• Pertains to property, trade,
immigration and other areas
that have traditionally been
under the jurisdiction of
individual nation.
Common Law and Civil Law
• Private international law is the body of law that applies to
disputes arising from commercial transactions between
companies of different nations.

• Civil law is one in which the legal system reflects the structural
concepts and principles of the Roman Empire in the 6th century.
The codes in which private law are formulated in broad general
terms and are thought of as completely comprehensive which
means all the inclusive sources of authority by reference must
be referred for decisions.
Islamic Law
• The legal system in many Middle Eastern countries as identified
with the laws of Islam, which are associated with “the one and
only God, the Almighty”.
• The Sharia is a comprehensive code governing Muslim conduct
in all areas of life, including business.
• The Code is derived from two sources. 1st is the Koran, the Holy
Book written in Arabic that is a record of revelation made by the
prophet Muhammed by Allah. 2nd source is the Hadith, which is
based on the life, sayings and practices of Muhammad. The
Hadith spells out the products and practices that are haram
(forbidden).
THANK YOU!