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Frontispiece of the Leviathan by Thomas Hobbes , a basic work on the theory of the modern state

State ( coll. Or not fachspr. Also country ) is an ambiguous term of various social and political sciences . In the broadest sense, it denotes a political order in which a certain group, organization or institution has a privileged position - according to some in the exercise of (political) power ; in the view of others in terms of both individual and social development .

Ambiguity of the state

Crucial components of today's legal definition of terms are:

  • some sort of political association of a larger group of people, the
  • in a more or less closed area
  • lives under a more or less uniform form of - established, enforced or decided - exercise of power.

These three main criteria have emerged in modern international law since Georg Jellinek (1851–1911) (→  three-element theory ).

This very general definition is due to the fact that the term state has different contents from a scientific, but also ideological, point of view. There are essentially four concepts of the state:

  1. The legal and international legal concept of the state describes the state as "the body of a sedentary people equipped with original ruling power" (Jellinek). Often this classic "three-element doctrine", according to which a state comprises a common national territory , which is usually delimited by territorial sovereignty , an associated national people and the exercise of power over them, is supplemented by the need for a legal constitution for that community.
  2. According to Max Weber's sociological definition , the state is the community that “within a certain area […] claims the monopoly of legitimate physical violence for itself (with success)”, i.e. a “rule of people over people” based on legitimacy . This definition of the state as an instrument of rule is interpreted differently:
    1. from a liberal perspective as a necessary, albeit limited, instrument to protect individual freedom;
    2. from a Marxist point of view (also) as an instrument which (in the bourgeois state) serves as a superstructure for the interests of the ruling class (and which should pave the way to socialism after the revolution );
    3. From an anarchist point of view, centralized violence as an instrument of the privileged, ruling class in their hands for the exploitation of the masses ( taxes , compulsory wage labor) and the oppression of each individual ( external determination instead of free self-determination by consensus).
  3. According to a common political science definition, the state is the system of public institutions that regulate the affairs of a community . In particular, the state includes a political authority that is responsible for creating and maintaining law and public order in society and can also enforce this through an administration, the state apparatus (→  primacy of politics ). For the traditional definition of the state, political science also uses the elements state territory, state people, citizenship and state authority (or political power or rule ). However, there are also provisions of the state that deviate from traditional and established politological definitions.
  4. According to the moral conception of the state ( Aristotle , Rousseau , Hegel ), it is the realization of the moral goals of the individual and of society: Let it be “the course of God in the world, that the state is, its ground is the violence that manifests itself as will realizing reason ”and for the individual the“ highest duty [...] to be a member of the state ”(Hegel).

Due to the clearly differing terms, a generally applicable definition has not been able to develop.

State and society

Where people live together, their interests often come into conflict with one another. In larger communities then arises "in the structure of conflicting groups of interests and powers [...] the need for a regulating authority that confronts the particular social forces with superior decision-making power". Such a “state” authority not only has to guarantee a peaceful coexistence through a formal channeling and order of the satisfaction of interests, but also to ensure a fair balance of the conflicting needs.

Concept history

The German word “Staat” is borrowed from the Latin status (“Stand, Zustand ,stellung”). The Italian lo stato , which originated from this , appeared in the Renaissance and referred to the more or less stable constitutional form of a monarchy or republic . For Niccolò Machiavelli (1469–1527), all human powers that have power over people were the state . The status regalis meant the position, power and influence of the king or prince who came to power, and later also of his followers, the court . The French translation état could then also be related to the economic budget of the central power, and later also to the legal and political unity of all citizens (from the social order to civil society ) of a national territory.

Since the modern state emerged from the civil wars of the early modern times in Europe , it has been an undisputed characteristic that living together in a state community is subject to a central regulatory power and must also be guaranteed in a well-organized manner so that the people in it are in peace and security living together. This is what Jean Bodin and Thomas Hobbes taught in particular .

The state only acquired its modern significance at the turn of the 19th century. The monarch's personal rule, his absolute sovereignty , became a functional “building block of the political system” through the writings of Locke and Montesquieu . Only with this separation of rule from the person of the monarch could the state be conceived as an abstract institution, as a “subject of action with its own will”.

The state has acquired its present-day importance as an external, increasingly powerful organizational context of the community in more recent times; From a constitutional point of view, this specific form of ruling organization has only existed since modern European times . Many historians of the 19th century saw the (national) state as a fixed point in their historiography ; Jacob Burckhardt (1818–1897) saw the state as one of the essential forces alongside religion and culture that determine human history .

The word history is therefore an expression of the historical change in political territorial authorities , so that it is controversial whether the modern concept of the state can be applied to older forms of rule . This is partly answered in the affirmative; others want to use the term state only for political communities of modern times and name older entities according to their original names, such as polis ("city-state"), civitas ("citizenship"), res publica ("public matter"), regimen (" Royal rule ”), regnum (“ kingdom ”) or imperium (“ domain ”).

Emergence

For tens of thousands of years, people lived in societies with no formal political institutions or constituted authority. Only about 6000 years ago, with the beginnings of civilization , did the first societies with formal structures take shape. Hierarchy, leadership and obedience ideas began to prevail regionally. There are various historical theories about this prehistoric emergence of the first uniformly composed political communities. Initially, these hierarchical societies were relatively rare and limited to today's Western Asia and later also to South Asia (i.e. the Near and Middle East ); most people continued to live in segmental tribal societies. Gradually, hierarchical societies increased size and influence, sometimes conquering and subjugating surrounding segmental societies, mostly in the form of slavery. Partly independently, partly in response to external pressure, other tribal societies also developed hierarchies in social and political organization. Until European expansion and colonization , however, a large part of the people in different parts of the world remained essentially non-governmental, in some regions until the 19th century. Only since the 20th century has the state model of political organization embraced the entire earth.

The first states were formed in the fourth millennium BC. State communities as legally organized power and effect structures have gradually emerged in the course of history.

Incorporation as opposed to fusion

Because there is hardly a stateless area left for a new establishment today, new states are created in three ways:

  • By secession (separation against the will of the previous state) or (amicable) dismissal of a part of the state from the former state association,
  • through dismembration , that is, the disintegration of a previous state and its fall, new states are formed.
  • Conversely, two or more states can merge into a new one through merger (e.g. when the federal territory is reorganized ); often it is however to join an existing federation and finally to the inclusion of the territory concerned to the public and constitutional order of the Inkorporanten: The German reunification did not lead to founding of new states, but the new Lander was in the continuing Federal Republic incorporated , as united Germany referred becomes.

Forms of government

In modern political science a distinction is made between forms of state , forms of rule and systems of government ; a distinction that was still unusual in antiquity. In ancient times, forms of government and forms of rule were used synonymously. The best-known division comes from Aristotle and divides the six forms of rule into good and bad forms of exercise of rule: the good forms are monarchy , aristocracy and politics , the degenerate forms are tyranny , oligarchy and democracy . Cicero only accepted the three positive forms of rule (monarchy, aristocracy, democracy) as res publica (Cicero counts democracy among the good forms of rule).

Since the 20th century, forms of rule and government have been considered separately in political science and must not be confused with one another. There are two basic forms of government: monarchy and republic. The form of government indicates the constitutional structure of a state - i.e. the de jure state. How exactly the state is actually governed, however, depends on the respective form of government (de facto state). Many monarchies are governed democratically, whereas in a republic rule does not necessarily have to come from the people. In order to be able to characterize the political order of a state, both terms are necessary.

The dominant form of rule in the European Union and North America is characterized by parliamentarism and representative democracy (→  state model ).

sociology

Ferdinand Tönnies assigns the state in community and society to "society" in the political sphere. Max Weber follows this by defining “state” in his sociology of domination as a human community whose administrative staff successfully claims the monopoly of legitimate physical coercion (i.e. the monopoly of force ) for the implementation of the orders within a certain territory . According to Weber , the modern state is characterized by territoriality , the monopoly of force, specialist civil servants and bureaucratic rule. According to the claim, this form of political rule has spread globally since the colonial era at the latest .

As a system, Niklas Luhmann uses the term “state” only in quotation marks. Luhmann defines the term as a semantic device: the state is not a political system , but the organization of a political system for the self-description of this political system.

For the delimitation (or congruence) of the terms “state” and “ society ” see State and Society .

Economy

As a state is referred to in the economics of each sovereign operating business entity , such as a government , an administration and partly an institution sui generis . The state is seen as the sum of all compulsory associations . State action in the economic sense therefore includes the activity of all political levels (i.e. municipal, regional and federal institutions).

The state is viewed as an economically active subject in terms of its role and importance for an economy . Economics sees the state as the central agency of economic policy . It is intended to ensure the functionality of the economic system through regulatory policy , structural policy and process policy .

In the national accounts , the state is an element of the economic cycle . He reaches through monetary transactions in market processes one:

The fiscal policy determines how much money is for which items received and expended; their decisions influence, among other things, the budget , national debt and economic growth . The view of the state as an economic subject only relates to institutions that are directly or indirectly controlled by a government. Accordingly, independent central banks are not included. The demarcation between the state and corporate sectors is unclear ; in general, for example, state-owned companies that are intended to make a profit are included in the corporate sector. If there is no intention to make a profit, an operational activity is usually assigned to the state sector.

international law

Characteristics of states

Classic international law recognizes three characteristics of the state:

A state is perished when one of these elements that constitute it has ceased to exist.

In federal states , these characteristics also apply to their sub-states, which are, however, only subject to state law , i.e. H. Are states in accordance with their domestic legal system and are therefore not considered states in the sense of international law . Examples of this type of state are the states of the Federal Republic of Germany or the Republic of Austria , the cantons of Switzerland or the states of the USA .

The so-called three-element theory was supported by the State - developed and international law, George Jellinek. It is now generally recognized. If the three criteria are fulfilled, a state is present in the sense of international law and thus a subject of international law .

The Montevideo Convention names the ability to enter into relationships with other states as an additional criterion. However, this view has not been able to gain acceptance in international law. The scope of this criterion is actually limited to a partial aspect of state authority, namely the ability to act independently and legally independently in accordance with international law. This external sovereignty is a property of state power, but not an additional, fourth state feature. This restriction to only three elements should make it possible to include as wide a range of forms of rule in real states as possible in the definition.

Recognition of states

The recognition of states must be distinguished from the quality of the state. According to the prevailing view in doctrine and state practice, such recognition has a purely declaratory effect, that is, it is not constitutive for the property of the recognized state to be a state . However, the recognition has a purely factual strong indicative effect through which the existence of a state under international law can be inferred, whereby the focus is on the subjectivity of international law and not just “statehood”. According to the constitutive doctrine, recognition by third countries is a constituent element of statehood.

A distinction must be made between the recognition of states and the recognition of governments . This means the determination that a certain regime is the legal owner of the state power of a state . Since the recognition of a government conceptually already presupposes the recognition of the respective state, it only has an independent meaning if formal recognition is refused. This applies in particular to cases of a government that is not (democratically) legitimized taking power - which can also be the cause of a so-called stabilized de facto regime , i.e. “ruling associations that assert themselves for a long time in a certain area and do so effectively to the exclusion of other powers dominate "- for example as a result of a military coup .

It can be stated that political criteria are playing an increasingly important role in the recognition of states . The recognition of the Republic of Kosovo has shown this in particular . It can also be observed that states are increasingly only recognized internationally if they observe elementary standards that result from international law. This includes, for example, a democratic constitution. Similar observations can also be made with regard to the recognition of governments.

Bernd Loudwin wrote in 1983, referring to two sources: "Just like the Tobar Doctrine , which did not gain acceptance, the Estrada Doctrine [note: from 1930] was essentially limited to a historical-political role."

Case history of worldwide recognition

In total there are 194 fully recognized (by the UN or UN members) sovereign states, see the list of states in the world and the ISO 3166 standard . This includes the 193 member states of the United Nations and the Vatican State . The Holy See (the Vatican City is not) and the State of Palestine granted the UN General Assembly an observer status .

Other states are not recognized by the United Nations, but by some of the globally recognized states (→  list of areas not recognized as independent states by the United Nations ):

State succession

State succession is the assumption of the rights and obligations of one state by another state. The question of state succession, when and to what extent new states take on the legal positions of their predecessor states, only arises if a state does not continue the international legal identity of its predecessor state, but instead represents a new subject of international law . An identity with the respective predecessor state is therefore actually not a predecessor state, but the same state. Changes in the government or the constitution of a state do not interrupt state continuity. Only when the state goes under do its rights and obligations expire with the state.

The extent to which a successor state assumes the rights and obligations of the predecessor under international law is usually expressly contractually agreed or is implied .

This legal complex received special attention during the dissolution of the Soviet Union and the break-up of Yugoslavia . State succession is largely regulated according to customary international law. Although the Vienna Convention on the Succession of States in Treaties of August 23, 1978 and the Vienna Convention on the Succession of States in Assets, Archives and Debt of States of April 8, 1983, corresponding international treaties were concluded, the former is due to its low level The number of its contracting states is of little practical importance and the latter treaty has not yet entered into force in the absence of a sufficient number of ratifications .

Example Germany from 1945

According to the prevailing view today, the Federal Republic of Germany is subject- identical to the German Reich defeated in 1945 (see legal situation in Germany after 1945 ). As a result, the commitment to the international legal obligations Germany entered into until 1945 continues and does not need to be renewed.

Example of the Russian Federation from 1991

As a subject of international law, the Russian Federation (Rossijskaja Federazija) is not the legal successor of the Soviet Union , but its “continuation state”; On December 8, 1991, the republics of Ukraine , Belarus and Russia, which had meanwhile been declared independent states of the Soviet Union , signed an "Agreement on the establishment of the Commonwealth of Independent States " (CIS; Russian: Sodruschestvo Nesawissimych Gossudarstw ) at Brest . It is true that the preamble to the CIS founding agreement states that “the USSR as a subject of international law and as a geopolitical reality has ended its existence”, but after the dissolution of the Union, its “thread of communication with the outside world passed” to the Russian Federation. The Russian SFSR had before - turn not - unlike the other former Soviet republics Declaration of Independence issued.

At the CIS conference in the then Kazakh capital of Alma-Ata it was stated in a declaration by eleven successor states (eight more states have meanwhile been accepted into the community as "founding members" via the protocol) that "with the creation of the Commonwealth of Independent States [ ...] the Union of Soviet Socialist Republics ended its existence ”. On December 22, 1991, an agreement was reached with the Soviet President Mikhail Gorbachev to finally dissolve the Soviet state , which has now become a torso. All Union republics except the RSFSR had already explicitly declared their independence from the central state during the August putsch of 1991 . The newly established Russian Federation took over the rights and obligations under international law towards the rest of the world. In the "circular note" of the Russian Foreign Ministry on January 13, 1992, which was sent to all diplomatic missions in Moscow, it was stated that the Russian Federation, for its part, would assume all rights and obligations arising from treaties concluded by the Soviet government. ("[...] The Russian Federation continues to exercise the rights and fulfillment of the obligations under the treaties concluded by the Union of Soviet Socialist Republics. Accordingly, the Government of the Russian Federation instead of the Government of the USSR will act as the custodian for the relevant multilateral treaties perceive. [...] ")

Russia is thus the subject of international law reorganized on a federal basis and as a state is identical to the RSFSR of that time. This new base was consequently the subject of negotiations between Moscow and the individual republics after the end of the Soviet Union. The move was made unilaterally and without consulting the other CIS countries. At the CIS meeting in Kiev on March 20, 1992, it was made clear by resolution “that all participating states of the Commonwealth of Independent States are legal successors in the rights and obligations of the former USSR”. The entry of the other former Soviet republics z. B. in the assets of the USSR had to be regulated separately, usually by contract with the Russian Federation and affected third countries.

Criticism of the State Function

Most political theories tend to see the state as a neutral body separate from society and the economy.

anarchism

IWW poster "Pyramid of the Capitalist System" (1911), depicting an anti-capitalist perspective on statist / capitalist social structures .

Anarchism is a political philosophy that regards the state as immoral , unnecessary and harmful and instead calls for a stateless and classless society or anarchy .

Anarchists believe that the state is inherently an instrument of domination and oppression, and logically it does not matter who is in control of a state. Indeed, the lines that separate government and private trade are so blurry as if they might as well be absent. Anarchists point out that the state has a monopoly on the legal use of force and can therefore always deprive people of their natural rights. They are of the opinion that the revolutionary conquest of state power must not be a political goal. On the other hand, anarchists are convinced that the state apparatus should be completely dismantled and that social relationships must be created in a different way, which should not be based on state power. Models for a worldwide movement towards genuine stateless persons, i.e. H. Classless anarchist grassroots democracy, the cooperative economy and the gradual dissolution of the bureaucratic nation-states with all their hierarchical institutions exist. Organization based on councils, assemblies and people's militias; in such a stateless form of organization , the property of the regime (the state) passes into the ownership of the workers' self-governing cooperatives in all places, as an example in Rojava, the Kurdish settlement area in Syria , shows.

Within a state, which is always more or less centralized and thus always represents a hierarchical class society (this is in the nature of capitalism and is an inherent part of the economic system), there can logically be no classless societies. Because money alone creates inequalities. Consequently there can never be a classless society within a state, let alone be possible. Therefore, anarchists want to abolish states and, ideally, also replace money with the solidarity economy in order to create egalitarian, i.e. H. restore classless societies to full autonomy and the greatest possible autarky . All tasks that these autonomous communities, cities, villages and municipalities cannot do themselves and that have previously been done by the state, such as B. Environmental protection, space travel, defense, etc., should be done according to the Kropotkin model of the "United Federation" by this very federation. The free communities are allowed to join without being forced or compelled to do so, which is intended to replace the state in all its functions of individual privilege and make it completely superfluous. That this system represents a higher form of order and that it actually worked better than in the mere theory of Kropotkin was proven by Catalonia during the Spanish Revolution in the 1930s and is currently being proven by the Kurds in Rojava. Almost everything that the state does today can be completely replaced by a classless federation (= stateless form of organization), without hierarchical, centralized or even monopolized structures of the ruling minorities; In this way, a form of social organization can also be completely carried out in the free agreement of the grassroots democratic groups who join together to form a federation.

“If the people become masters of their own destiny ... and will lay hands on the riches that they themselves have created and that rightfully belong to them - will they really start to restore this bloodsucker, the state? Or will they not rather try to organize themselves from the simple to the complex, based on mutual agreement and based on a classless society, to respond to the constantly changing needs of the respective place in order to secure the possession of these riches for themselves, in order to secure these riches for each other Guaranteeing life as well as others and instead starting to produce what is found necessary for life? "

Various Christian anarchists such as Jacques Ellul have pointed out that the beast in the Book of Revelation meant state and political power. Revelation of John 13: The first beast comes out of the sea ... 7 ... and was given to him all authority and authority over all families and tongues and pagans. (Daniel 7.21) (Revelation 11.7) 8 And all who dwell on the earth worship it, whose names are not written in the book of life of the Lamb who was slain from the beginning of the world. 15 ... and made that all who did not worship the image of the animal would be killed. Political power can hardly be described more explicitly, for it is this force, the authority, that controls military force and enforces worship (i.e., absolute obedience).

Marxism

Karl Marx and Friedrich Engels agreed that the communist goal was to create a classless society in which the state would " wither " and be replaced by the "administration of things and the management of production processes". There is no such thing as a “Marxist theory of the state”; rather, individual Marxists developed various theoretical approaches.

Marx's early writings portrayed the state as "parasitic", an institution built on the superstructure of the economy and working against the public interest. He also wrote that the state reflected class relationships. The state regulates and suppresses class struggles and acts as a tool with which the ruling class exercises political power.

For Marxist theorists, the role of the modern bourgeois, hence non-socialist state is determined by its function in the capitalist world order. Ralph Miliband argues that the ruling class dominates the state as a tool for society because of the human relationships between state officials and economic elites. For Miliband, the state is dominated by an elite that comes from the same background as the capitalist class. State officials therefore share the same interests as capital owners and are always linked to them through a wide range of social, economic and political relationships.

Gramsci's theories of the state emphasize that the state is only one of the institutions in society that help maintain the hegemony of the ruling class, and that state power is reinforced by the ideological rule of civil society institutions such as churches, schools and the mass media .

See also

literature

  • Daron Acemoğlu , James A. Robinson: Why Nations Fail . The origins of power, wealth and poverty. S. Fischer, Frankfurt am Main 2013, ISBN 978-3-10-000546-5 (translation: Bernd Rullkötter, original title: Why Nations Fail ).
  • Louis Althusser : Ideology and ideological state apparatus. (New edition) VSA, Hamburg 2010.
  • Arthur Benz : The modern state. Basics of political analysis. Oldenbourg, Munich 2001, ISBN 3-486-23636-9 .
  • Gotthard Breit, Peter Massing (ed.): The state. Basics of the history of ideas, change in tasks, position of the citizen. An introduction. Wochenschau, Schwalbach 2003, ISBN 3-89974-072-6 .
  • Stefan Breuer : The state. Origin, types and stages of organization. Rowohlt, Reinbek 1998, ISBN 3-499-55593-X .
  • Stefan Breuer: The charismatic state. Origins and early forms of state rule. WBG, Darmstadt 2014, ISBN 978-3-534-26459-9 .
  • Pierre Clastres : La Société contre l'État. Minuit, 1974; German enemies of the state: Studies on political anthropology. Suhrkamp, ​​Frankfurt am Main 1976 (on the creation of the state).
  • James R. Crawford : The Creation of States in International Law. 2nd edition, Oxford University Press, Oxford 2006, ISBN 0-19-826002-4 .
  • Petra Dobner : Soon Phoenix - soon ashes. Ambivalences of the state. Wagenbach, Berlin 2009, ISBN 978-3-8031-2623-8 .
  • SE Finer: The History of Government from the Earliest Times. 3 volumes. Oxford University Press, Oxford 1999, ISBN 0-19-820802-2 .
  • Ernst Forsthoff : The state of industrial society. 2nd Edition. Beck, Munich 1971.
  • Michael Gal: The state in a historical perspective. On the problem of statehood in the early modern period. In: The State . Journal for state theory and constitutional history, German and European public law. Volume 54, 2015, Issue 2, pp. 241–266 ( online ).
  • Michael Gal: States, rich people, dependents. Foundation of a theory of politics. In: ders .: International Political History. Concept - Basics - Aspects. Norderstedt 2019, ISBN 978-3-7528-2338-7 , pp. 239–291.
  • Heide Gerstenberger: Subjectless violence. Theory of the emergence of civil state power. Westphalian steamboat, Münster 1990.
  • Helmut Kuhn : The state. A philosophical representation. Kösel, Munich 1967.
  • Ernst Meyer : Introduction to Ancient Politics. 6th edition, Wissenschaftliche Buchgesellschaft, Darmstadt 1992.
  • Axel Montenbruck : civilization. A legal anthropology. State and people, violence and law, culture and nature. 2nd edition 2010, University Library of the Free University of Berlin ( PDF ).
  • Robert Chr. Van Ooyen: The state of modernity. Hans Kelsen's theory of pluralism. Berlin 2003.
  • Wolfgang Reinhard: History of State Power. A comparative constitutional history of Europe from the beginning to the present. Beck, Munich 2002, ISBN 3-406-45310-4 .
  • Murray N. Rothbard: The Anatomy of the State ( PDF ; 124 kB).
  • Bernd Marquardt: Universal History of the State. From pre-state society to the state of industrial society. Lit Verlag, Münster 2009, ISBN 978-3-643-90004-3 .
  • Klaus Schlichte : The state in global society. Political rule in Asia, Africa and Latin America. Campus, Frankfurt am Main 2005, ISBN 3-593-37881-7 .
  • Carl Schmitt : The concept of the political. 7th edition, Duncker & Humblot, Berlin 2002, ISBN 3-428-08725-9 .
  • Gunnar Folke Schuppert : Interwoven statehood. Globalization as a governance story. Campus, Frankfurt am Main 2014, ISBN 978-3-593-50180-2 .
  • Stefan Talmon : Collective non-recognition of illegal states. Basics and legal consequences of an internationally coordinated sanction, illustrated using the example of the Turkish Republic of Northern Cyprus. Mohr Siebeck, Tübingen 2006, ISBN 3-16-147981-5 .
  • Hans-Peter Waldrich : The state. German state thinking since the 18th century. Olzog, Munich 1973, ISBN 3-7892-7063-6 .
  • World Bank (Ed.): World Development Report 1997. The State in a Changing World. Washington, DC 1997, ISBN 0-8213-3772-6 .
  • The blue rider (magazine) . Special issue: The Myth of the State. No. 7, 1997, ISBN 978-3-9804005-6-5 .
  • Reinhold Zippelius : General state theory. Political science. 17th, revised edition. Beck, Munich 2017, ISBN 978-3-406-71296-8 .

Web links

Wiktionary: State  - explanations of meanings, word origins, synonyms, translations
Wikiquote: State  - Quotes

Remarks

  1. ↑ According to Georg Jellinek , Allgemeine Staatslehre , 3rd edition 1921, reprint 1959, p. 131, the designation as land “ puts the focus of the state in its territorial element [...]. Although it can be used for large and small states, this term lacks full definition and delimitation, because on the one hand it does not include city-states and on the other hand non-state formations, landscapes and provinces are also referred to with it. "
  2. ↑ For details see Martin Kment , Grenzüberquerendes Verwaltungshandeln (=  Jus Publicum , Vol. 194), Mohr Siebeck, Tübingen 2010, § 3 B.III, p. 77 ff .; see. also Theodor Schweisfurth , Völkerrecht , Mohr Siebeck, Tübingen 2006, ISBN 3-8252-8339-9 (UTB), chap. 9 § 1, pp. 278-295 ( 278 f. ) And § 3.II marginal no. 111-113 .
  3. ↑ See Josef Isensee , State and Constitution. In: Josef Isensee / Paul Kirchhof (ed.): Handbuch des Staatsrechts der Bundes Republik Deutschland , Vol. I, Heidelberg 1987, § 13 Rn. 30th
  4. ^ Max Weber: Economy and Society. Outline of understanding sociology. Study edition, 5th edition, Tübingen 1980, p. 822 ( online ).
  5. ↑ Georg Wilhelm Friedrich Hegel : Foundations of the Philosophy of Law , p. 399 u. 403
  6. ↑ See Alfred Katz: Staatsrecht: Grundkurs im Public Law. 18th edition, CF Müller / Hüthig Jehle Rehm, Heidelberg / Munich 2010, § 3 Rn. 21, 22 . Cf. also Dirk Freudenberg, Theory of the Irregular. Partisans, guerrillas and terrorists in modern guerrilla warfare. VS Verlag, Wiesbaden 2008, chap. II.1, p. 33 ff. ( 35 ).
  7. ↑ Reinhold Zippelius : Allgemeine Staatslehre , 17th edition, § 27.
  8. ↑ Reinhold Zippelius: Allgemeine Staatslehre , 17th edition, §§ 9 III 1, 17 II; Philosophy of Law , 6th edition 2011, § 28 I.
  9. ↑ Wolfgang Reinhard : History of State Power. 3rd edition, Beck, Munich 2002, p. 122.
  10. ↑ Reinhart Koselleck , quoted from Manfred G. Schmidt : Dictionary of Politics (=  Kröner's pocket edition , vol. 404). Kröner, Stuttgart 1995, ISBN 3-520-40401-X , entry "State".
  11. ↑ Dirk Freudenberg, Theory of the Irregular: Partisans, Guerrillas and Terrorists in Modern Small Warfare , 1st edition, VS Verlag, Wiesbaden 2008, chap. II.1.1, p. 36 with further references ; s. in particular Josef Isensee , Paul Mikat , Martin Honecker, Ernst Chr. Suttner, Staat , in: Görres-Gesellschaft (ed.): Staatslexikon. Law - Economy - Society , Vol. 5, 7th edition, Freiburg i. Br., Basel, Vienna 1995, column 133 ff.
  12. ↑ Cf. the literature on the lemma " State formation "
  13. ↑ Wolfgang Reinhard: History of State Power. 3rd edition, Beck, Munich 2002, p. 16.
  14. ↑ Oliver Dörr, The incorporation as an offense of state succession (Writings on Völkerrecht; Vol. 120), Duncker & Humblot, Berlin 1995, p. 42 f. mwN
  15. ↑ For the two alternatives in the unification of two states, see Andreas Zimmermann , State Succession in International Treaties: At the same time a contribution to the possibilities and limits of international law codification (= contributions to foreign public law and international law; Vol. 141), Springer, Berlin / Heidelberg / New York 2000, chap. 3.IV.1, p. 114 f. ; for dismembration s. P. 67 and chap. 1.CI, 303 ff.
  16. ↑ 1887, Book 3, § 29; In contrast, in Tönnies the political sphere of the “community” can be assigned to the polis .
  17. ↑ Max Weber, Economy and Society , chap. 1, § 17 .
  18. ↑ See Schlichte 2005.
  19. ^ Niklas Luhmann : Macht , 1975, ISBN 3-8252-2377-9 .
  20. ^ Niklas Luhmann: The politics of society. 2000, ISBN 3-518-58290-9 .
  21. ^ The borderline case of a state without national territory is the Sovereign Order of Malta (controversial).
  22. ^ Theodor Schweisfurth, Völkerrecht , chap. 1 § 7.II Rn. 119 .
  23. ↑ Frithjof Ehm: Democracy and the recognition of states and governments. In: Archiv des Völkerrechts , Vol. 49, 2011, pp. 64–86.
  24. ↑ Bernd Loudwin: The implied recognition in international law. Duncker & Humblot, Berlin 1983, ISBN 3-428-45338-7 , p. 58 ( limited preview in the Google book search).
  25. ↑ In the legal relationship between Vatican City and the Holy See, the former assumes an accessory , serving role (i.e. it is subject to its authority) and its purpose is to secure the independence of the Holy See (and at the same time to make the sovereignty of the Pope visible), while this represents the Vatican City externally, see Georg Dahm , Jost Delbrück , Rüdiger Wolfrum : Völkerrecht. Volume I / 2, 2nd edition, Berlin 2002, p. 320 f. The Holy See itself cannot become a member of the UN because it has no state quality.
  26. ↑ Daniel Wechlin: Caucasian dispute to the Pacific island of Vanuatu. In: Neue Zürcher Zeitung , June 11, 2011. For Vanuatu see Manfred Quiring: The forgotten genocide. Sochi and the Circassian tragedy. Ch. Links, Berlin 2013, p. 175 ; Friedrich Schmidt: Abkhazia: An overthrow by the grace of Moscow? In: Frankfurter Allgemeine Zeitung , May 28, 2014.
  27. ^ Press and Information Office of the German Federal Government: Accession candidate Turkey ( Memento of December 8, 2008 in the Internet Archive ). Retrieved September 5, 2008.
  28. ↑ AFP: Nicaragua recognizes Abkhazia and South Ossetia ( Memento of September 7, 2008 in the Internet Archive ), September 4, 2008. Accessed September 5, 2008.
  29. ^ Vienna Convention on Succession of States in respect of Treaties , 23 August 1978 (PDF).
  30. ^ Vienna Convention on the Succession of States in Assets, Archives and Debt of States ( Memento of February 10, 2012 in the Internet Archive ) (PDF; 309 kB).
  31. ↑ BVerfG , judgment of July 31, 1973, Az. 2 BvF 1/73, BVerfGE 36, p. 1 ff .: "With the establishment of the Federal Republic of Germany, a new West German state was not founded, but part of Germany was reorganized." See Theodor Schweisfurth, Völkerrecht , p. 336 f. , Rn. 213.
  32. ↑ After Theodor Schweisfurth, Das Recht der Staatensukzession; Reports of the German Society for International Law , Volume 35. Heidelberg 1995, p. 58.
  33. ↑ Quoted in Russian Foreign Minister Andrej Kozyrew in January 1992; see. also Andreas Zimmermann, State succession in international law treaties: At the same time a contribution on the possibilities and limits of international law codification , Max Planck Institute for Comparative Public Law and International Law , Springer, 2000, ISBN 3-540-66140-9 , p. 91, fn 325 .
  34. ^ For example, Antonowicz, Disintegretation of the USSR , p. 9; Bothe / Schmidt, Questions de succession , p. 824.
  35. ↑ a b Schweisfurth, p. 65.
  36. ^ Claudia Willershausen, Disintegration of the Soviet Union: State Succession or Identity of the Russian Federation , Kovač, Hamburg 2002.
  37. ↑ youtube.com
  38. ↑ graswurzel.net
  39. ↑ See Saul Newman: The Politics of Postanarchism . Edinburgh University Press, 2010, ISBN 978-0-7486-3495-8 , pp. 109 ( limited preview in Google Book search).
  40. ↑ Peter Kropotkin: Anarchism: Its Philosophy and Ideal . CreateSpace Independent Publishing Platform, 2009, ISBN 978-1-4495-9185-4 .
  41. ↑ Alexandre Christoyannopoulos: Christian Anarchism: A Political Commentary on the Gospel . Imprint Academic, Exeter 2010, pp. 123-126 ( Revelation ).
  42. ^ Jacques Ellul, Jacques Ellul: Anarchy and Christianity . WB Eerdmans, Michigan 1988, p. 71–74 ( “The first beast comes up from the sea… It is given 'all authority and power over every tribe, every people, every tongue, and every nation' (13: 7). All who dwell on earth worship it. Political power could hardly, I think, be more expressly described, for it is this power which has authority, which controls military force, and which compels adoration (ie, absolute obedience). " ).
  43. ↑ Friedrich Engels: The development of socialism from utopia to science . In: Institute for Marxism-Leninism at the Central Committee of the SED (Ed.): Karl Marx Friedrich Engels Works (MEW) . tape 19 . Dietz Verlag, Berlin (East) 1987, p. 224 : “The intervention of a state authority in social relations becomes superfluous in one area after the other and then falls asleep by itself. The administration of things and the management of production processes take the place of government over people. The state is not "abolished", it dies. "
  44. ↑ Friedrich Engels: The development of socialism from utopia to science . In: Institute for Marxism-Leninism at the Central Committee of the SED (Ed.): Karl Marx Friedrich Engels Works (MEW) . tape 19 . Dietz Verlag, Berlin (East) 1987, p. 228 : “The development of production makes the further existence of different social classes an anachronism. As the anarchy of social production diminishes, so does the political authority of the state. The people, finally masters of their own kind of socialization, become masters of nature, masters of themselves - free. "
  45. ↑ Flint & Taylor 2007, p. 139.
  46. ↑ Joseph 2004, p. 15 .
  47. ↑ Barrow 1993, p. 4.
  48. ^ Mark J. Smith: Rethinking state theory . Routledge, London / New York 2000, ISBN 0-415-20892-0 , pp. 176 .
  49. ↑ Joseph 2004, p. 44 .