Created on September 18, 2023
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paola donají h. j.
7. PASSIVE PERSONALITY
1. THE STATE
The state represents a form of structure that facilitates societal living, encompassing a population within a defined territory, and is administered by a governing body.
It is “the space within which the State exercises its supreme authority”: Islandof Palmas Case (1928).
Jurisdiction means legal authority.Jurisdiction involves the legislative authority to establish or forbid behavior through legislation and the enforcement authority to ensure compliance with these laws through the judicial system.
Territoriality establishes jurisdiction within the state where an offense occurs.
The nationality principle of jurisdiction locates jurisdiction in a State for an offence committed by its nationals anywhere
Jurisdiction based on the security or protective principle involves the prosecution of a non-national for an offense committed abroad when it is deemed to threaten the security or interests of the prosecuting state.
The passive personality principle establishes jurisdiction in the state whose nationals are harmed by the actions of a non-national committed in another country.
The principles of jurisdiction outlined in the instruments that declare and define these crimes do not introduce universality but rather extend the application of existing jurisdictional principles to a wider scope.
The traditional rule stated that, with all states being considered equal, no state could assert jurisdiction over another state.
"Population" is the term commonly used to denote the count of individuals residing in a particular geographical area.
A state government is the governing authority that oversees a subunit or division within a country in a federal form of government. In this system, political power is shared between the state government and the federal or national government.
The fundamental elements of the state are essential for its role and significance in society. They empower the state to offer governance, safeguard rights, advance the welfare of its citizens, and participate in international relations. The organization and management of these elements can have a profound influence on the stability and progress of a state and its population.
Equipo editorial, Etecé. (2023). Estado: funciones, objetivos, obligaciones y características. Enciclopedia Humanidades. https://humanidades.com/estado/States: powers and authority. (s. f.). PDF. Recuperado 17 de septiembre de 2023, de https://anahuac.brightspace.com/content/enforced/1161969-202360_UAQ_DER4403_00276572_WE/ID_DE_0708/6.%20States%20Powers%20and_Authority%20(International%20Law%20Essentials).pdf?_&d2lSessionVal=ZVZfXv6EwEeXxNT23oS41IhJW
Improving government for the better, with a focus on transparency and a zero-corruption policy, involves a combination of reforms, strategies, and ongoing efforts. Collaborate with international organizations and neighboring countries to combat cross-border corruption. Launch public awareness campaigns that highlight the costs of corruption and the benefits of a clean and transparent government.
for the future?