territory

•The territory

•It is defined as part of the State Earth surface over which the State exercises its sovereignty '.

•The territory includes the mainland, including the waters that flow (lakes, rivers, canals, inland seas), the atmosphere, the soil, and the territorial sea.

•The land belonging to the State is bounded or surrounded by borders, which are either conventional or natural.

•The conventional boundaries are established by international treaties, concluded with neighboring states;

•these boundaries are represented on the ground in various ways (boundary stone, poles, fences, etc.); the natural boundaries are characterized by geographic boundaries (mountains, rivers); thus, for example, when the border is marked by a navigable river, it is assumed that the boundary line for the line distance of the most' high current; if, instead, the river is not 'navigable it is assumed that the boundary passes over the midline.

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•Sovereignty 'of the State is not limited to its territory: it extends below ground and the air space above the upstanding mainland, within the limits marked by territorial boundaries;

•underground and in particular, the airspace, the sovereignty 'of the State can extend far where can' be some usefulness' of these areas, the use of traditional means of air navigation;

•While, the SO-CALLED artificial satellites, appear to be out of irrepressible control (incoercibili) localized geographically

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•The territorial sea is a strip of sea that laps (bagna) the shores of the state, for a variable amplitude, according to calculations that states make it;

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•this magnitude is limited to three nautical miles calculated from the low tide; (system followed by UK); for other states, however, the breadth (l’ampiezza) is greater: 4-6-10 miles (see Navigation Code).

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•The territorial sea is considered ,in all respects , territory of the coastal State, and then, subjected to full sovereignty' of the same state, except the right of harmless passage attributed to foreign ships.

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•Sovereignty 'of the State is also expressed on the atmosphere  upstanding over the territorial sea as well as on the soil and subsoil including marine territorial waters.

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•Moreover, it can be admitted an exclusive right of the state to the Exploitation of resources in the so-called submarine finds continental shelf where it extends primarily to its coast, means, beyond the limits of territorial waters, without prejudice rights of freedom of navigation and fishing of third States.

•Even warships and merchants at the high sea, and warships, sailing/seafaring in the territorial sea of third States, shall be considered, in some respects, as State territory

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•And 'obviously it has been discussed in doctrine the character of the relationship between the state and its territory.

•from the most it is argued that the right  of the State over its territory is' a real right of a public nature, comparable to the right of private-owned property;.

•from others the territory is considered  only as the limit of power of the 'state over individuals.

•We feel exactly the first conception: the State exercises rights over the territory and not only the rights on individuals who have to limit the territory.

•When 'for example, the state buys, sells, or uses an area maybe desert inhabitants, it must be admitted that these  State powers  have as their aim the territory and as such, and  are not only a reflection of the power' that the state exerts on people  that are located in the territory.

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•Political organization, state legal system and constitution of the state can therefore 'considered equivalent terms

•By some jurists still wanted to differentiate the State in two aspects of the State-government and state-community or State-society'.

•With the first term, you would find: the establishment of a juridical public authoritative assumed by the State in respect of the governed and action designed to achieve the purposes for which the state tends;

•with the second term, it would indicate, however, the company 'human living under state, as the bearer of individual and collective interests.

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•The political organization

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•Third constitutive element of the state is political organization and ::' this element most 'important, because without political organization, capable of performing its authoritatively commands a mass of individuals not to rise in State.

•The political organization unifies the two elements: people and territory, making it appear and operate in the state as an entity if ', harmonious in its organs, appropriate to pursue of its ends

•The political organization functioning by a State identifies  with the legal system of the State is bearer. The organization of state politics is also explained with constitution as this term identifies a set of principles, procedures of  regulatory bodies and institutions in which the State include in its structure and in its functioning.

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•Sovereignty 'has some typical features:

•First of all,  it is an original power, which means, rises with the rise of the State .;  and an exclusive power as it is for the State alone and not to other agencies; and it is an unconditional power because the state has the means to implement its commands in coercive form.

• Today the sovereignty of the state are the people and the territory.  Compared to the people, we talk personal sovereignty and has for the content obligations that the citizen has to the state of belonging due to the bond of citizenship:

•these obligations remain even if the citizen resides abroad, although' the State can not coercively implement its precepts.

•Sovereignty 'of the State is exercised well on foreigners residing in the State or has instituted some interesting relationship citizens or existing assets in the State.

•Finally, we can remember that the sovereignty 'of the State manifests itself in the form of three characteristic functions: legislative, executive and judicial

•Sovereignty

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•The organization state politics involve giving the state of a power, which is designated by the term sovereignty'.

•The concept of sovereignty  is one of the most 'discussed in doctrine from the seventeenth century to the present. We can say that sovereignty 'meaning supreme power of government, referring to an institution or even a person.

•Sovereignty 'refers to the state means, then, that the power shall' control state power shall not find any 'top and it also expresses the independence of the State in the relations with other states or other entities equally sovereign.

•State power sovereign states, because 'it is up to self-restraint; and 'exclusivity will' of the State which limits itself. Sovereignty 'also means independence, and so true that the two terms are often used promiscuously.

•Sovereignty 'indicates that State has Supreme under its domestic law against people who are subordinate; while the term independence to mean the position of parity 'of each state, as part of the international order, in relation to other states. The internal and external appearance of State sovereignty are so closely related.

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•Another point on which the publicists have much discussion, is the identification of the person who has the sovereignty 'In the Middle Ages, being unknown the concept of the State as a legal person, the sovereignty' was attributed to God who gave exercise to the individual territorial principles through papal investiture (theocratic theory).

•In this view it opposed another purpose that prevailed from the fourteenth to the seventeenth century with the absolute State, under which sovereignty 'while proceeding from God was considered directly attributed to individual principles: sovereignty would thus become an attribute certain dynasty, ruling out any papal intervention in this regard (legitimist theory). Following the French Revolution took shape, and spread during the nineteenth century a third view, according to which sovereignty 'would have the exclusive holder the people (democratic theory or representative).

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