"PET GOTY" Understanding State as Subject of International Law Quickly !

  

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       Hi everyone! I'm sorry I know it's been awhile since my last post. It's about a week we didn't meet each other guys hehe. Relevantly, I learned about The Politics of International Law while I was getting sick. At that time, I had an idea to share it in my personal blog. Anybody knows what is International Law? Is it such cake? hehe. If we see international law is such cake. How come? Yup it is contained binding rules that could maintain the relation between state in international society. Let's see how cake is made. it is made from full of ingredient and combined it at once. If we make it carelessly, the cake will have a bad taste. Therefore, we have to make it carefully hehe. Prof Charles Rousseau ever said that alors que le droit inteme est un droit de subordination, le droit international se presente comme un droit de coordination. It means that there is a different between national law and international law. National law often talk about how they could influence internal political strategic but international law has broader function to coordinate all of countries around the world. Sometimes, we found many problematic issue to break down the rule in international law.

    We just learned what is international law itself. After that, we have to know what is international law element? Do you know guys? State is the subject of international law which has 4 important aspects to know. In this occasion, I would like to share how we could understand 4 constitutional element of state in just a minute. Let's check it out !

1. Permanent Resident

    State should have permanent resident in order to make a decision and progress. People or permanent resident could be a delegation for the state while the state has a problem that should be solved. People who didn't have a permanent stay, they couldn't be called by permanent resident. Based on national law, it is divided to be three part of resident.

a. Jus Sanguinis : based on their descendant

b. Jus Soil : based on their place where they live.

c. Naturalization : foreigner could have a chance to live in other countries as permanent resident.

2. Territory

    No state without territory. Territory is not always large for the state. Most of state has micro territory such as Seychelles 278 km, Nauru with only 21 km and Singapore 218 km. They have the same right with the largest territory such as China and India

3. Goverment

    State should be controlled by government in order to maintain their progress. State has many kind of government but the most important thing is they could do good governance. If they have problems, they have to discuss it and solve it together through government and society.

4. Sovereignty

    Sovereignty has 2 definitions which are positive and negative. Sovereignty give the states right to control the human resource and nature resource. That is positive definition from sovereignty but on the other hand sovereignty may not obey for international law that has a highet statue.

    I tried to make it simple in order to remember it for long time. Therefore, I call them PET GOTY, which stands for PErmanent resident, Territory, Government and SovereignTY. I wish that it could be useful for us amiin. Please share this post if you think it is useful. Cheers !

Source:

Muna, P. D. (2015). HUKUM INTERNASIONAL Pengertian Peranan dan Fungsi dama Era Dinamika Global. Bandung: PT.ALUMNI.