Extract
[...] CONCLUSION Today, the definition of the State takes into account several key aspects, such as territory, population, legal personality, government, and sovereignty, without which, on a doctrinal level, the State would be vain and non-existent. This approach raises a major concern, that of the existence of certain States (terrorist organizations, armed groups, rebellions, etc.) that do not meet all these elements but claim the title of State and that some advocate for their international recognition, which would challenge today's international norm. [...]
[...] These two criteria compose the population, because in it two groups can coexist, nationals and foreigners, over time they can develop material and spiritual ties, by a will to live; which is insufficient in the definition of the State. 2. The territory The territory constitutes the material aspect of the State. It is the space in which the authority of the State is exercised. Without it, the state authority cannot be exercised and remains limited by borders. The space of exercise of state power is terrestrial, aerial, and maritime. [...]
[...] The state is now perceived as a set consisting of population, territory, government, legal personality, and sovereignty. However, a major concern remains, that of the criteria for defining the state in constitutional law. This reflects a dual interest: legal and sociological. In the legal framework, the definition of the state undoubtedly highlights the key elements that allow identifying a state on the international political scene, namely the legal personality and sovereignty of the state. On the other hand, the sociological interest should not be overlooked, as the state is reduced to a social aggregate in which societal projects develop. [...]
[...] However, constitutionalist doctrine admits other relevant legal elements in the definition of the State, this is the case, in particular, of legal personality and sovereignty. II. The necessity of legal criteria for a complete definition of the State Without any debate, the legal personality and of sovereignty are key elements in defining the State, as they complement the sociological conception proposed, being already insufficient to define the State. A. The necessity of legal personality The necessity of legal personality allows us to specify its semantic framework before highlighting its importance 1. [...]
[...] Furthermore, the definition of the state cannot be limited solely to the existence of a government or a population; although these elements are important, the concept of legal personality and sovereignty can also be expanded. It is in light of these linear considerations that it is necessary to ask the following question: Do the sociological criteria, namely population, territory, and government, appear as the only relevant ones to define the state? At the observation, the sociological criteria do not seem to be the only ones to define the stateI), alongside them, it is worth considering the legal criteria based on legal personality and sovereigntyII). [...]
