GEC03 - Module 3 - Governments and Citizens in Globally Interconnected World of States

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Republic of the Philippines

City of Olongapo
GORDON COLLEGE
COLLEGE OF EDUCATION, ARTS AND SCIENCES
Olongapo City Sports Complex, Donor St., East Tapinac, Olongapo City 2200
Telefax No.: (047) 602-7175 loc 322

Title: CHAPTER 3:Governments and Citizens in a Globally Interconnected World of


States
Module No.3

I. Introduction
Governments and Citizens in a Globally Interconnected World of States presents a
comprehensive and detailed discussion on the distinction of nation from a state, the elements of
state, theories and relationship of states, globalization of governments, political risk on
governments, the idea of civil, common and Islamic laws, bribery, and corruption as a fact of life
and balances in globalization

II. Learning Objectives


After studying this module, you should be able to:
 Distinguish Nation from State;
 Identify the elements of State;
 Explain the political and regulatory environments of Global States
 Explain the political Risk on Governments
 Distinguish Common Law, Civil Law, and Islamic Law; and
 Explain the principles and concepts of Bribery and Corruption

III. Topics and Key Concepts


 What is State
 The Political, Legal, and Regulatory Environments among States.
 Political Risk
 International Law
IV. Teaching and Learning Materials and Resources
 PowerPoint Presentations
 Books
 Google Meeting

V. Learning Task
1. Online Discussion
2. Case study

LESSON PROPER:
The State and the Government
Garner, as cited by Aruego (1994), defines the state as a community of persons, more or less
numerous, permanently occupying a territory, completely free of external control, and possessing
an organized government to which the great body of its inhabitants render habitual
independence. It is not similar to nation. This is because a nation is but a group of people bound
together by a common culture. While state is a political concept, nation is a cultural concept.

GEC03 – The Contemporary World


Exclusive for Gordon College use only and NOT FOR SALE
Republic of the Philippines
City of Olongapo
GORDON COLLEGE
COLLEGE OF EDUCATION, ARTS AND SCIENCES
Olongapo City Sports Complex, Donor St., East Tapinac, Olongapo City 2200
Telefax No.: (047) 602-7175 loc 322

It is not also synonymous with the term government. Government is but one of the elements
comprising the state. It is through the government that the will of the state is expressed. Without
this element, a state cannot exist. Another source of difference between these two concepts is
permanence. For of Government can be modified but the state remains unchanged as long as its
essential elements are present.

The Elements of State:


 People – This is the entire body of those citizens of state who are invested with political
power for political purposes (Black’s law Dictionary, 6th Edition)
- All citizen of the State
- Foreigners staying in the State.

 Territory – A geographical area under the jurisdiction of another country or sovereign


power of state. It must be a fixed territory which the inhabitants occupy.
- Fluvial (water), Aerial (sky), Terrestrial (land)
- National Territory of 1897 Constitution.
- Discovery and Occupation – A state may acquire territory by discovering a
continent, an island or land with no inhabitants or occupied by uncivilized
inhabitants, and thereafter, occupying it by placing it under its political
administration.
- Prescription – It is the mode of acquiring a territory through continuous and
undisputed exercise of sovereignty over it during such period as is necessary to create
under the influence of historical development the general conviction that the present
condition of things is in conformity with international order.
- Cession – It is the assignment, transfer or yielding up of territory by one state or
government to another. (Treaty of Paris, December 10, 1898).
- Subjugation and Annexation – It is a mode of acquiring a territory belonging to a
state by occupation and conquest made by another state in the course of war and by
annexation at the end of the war.
- Accretion – It is another mode of acquiring territory by additions of portions of soil,
either artificial such as the reclamation of Manila Bay, or natural or gradual
deposition through the operation of natural causes such as the waves of the oceans.

 Government - It is the agency wherein the will of the state is manifested. It refers to the
organization in charge of the management, administration, and governance of the people
within the jurisdiction of the State and the resources within it.
Kinds of Government
- De jure or Legitimate Government – established according to the constitution, and
lawfully entitled to recognition and supremacy and administration of the nation.
- De facto or Illegitimate Government – A government that maintains itself by a
display of force against the will of rightful and legal government and is successful.

GEC03 – The Contemporary World


Exclusive for Gordon College use only and NOT FOR SALE
Republic of the Philippines
City of Olongapo
GORDON COLLEGE
COLLEGE OF EDUCATION, ARTS AND SCIENCES
Olongapo City Sports Complex, Donor St., East Tapinac, Olongapo City 2200
Telefax No.: (047) 602-7175 loc 322

a. Government by Revolutions – a government established by inhabitants who rise


in revolt against and depose the legitimate regime.
b. Government by Secession – a government established by the inhabitants of state
who secede therefrom without overthrowing its government.
c. Government by Occupation – a government established in the course of war by
the invading forces of one belligerent country, the government of which is also
displaced.

 Sovereignty - It refers to the supreme power of the State.


- Internal sovereignty - supreme power of the State to command obedience within its
territory
- External sovereignty - freedom from external control

The Political, Legal and Regulatory environment among States

The Political Environment- Globalization in the context of governance takes place within the
political environment of governmental institutions, political parties, and organization through
which a country’s people and rulers exercise power.

Nation-States and Sovereignty


 State is a community of persons, more or less numerous, living in a specific territory,
having a government that commands obedience within the territory and is free from
external control.
 Nation refers to a group of persons belonging to one community, having one culture and
language, and living the same experience.
 Nation-state has the elements of a state but the population is homogenous – one culture,
one language, one experience, and one ethnicity. A country can be called a nation-state
only when the population living in the state has no or almost no difference.

Taxes - lifeblood of every government

Each nation as we know has a political culture, which reflects the relative importance of the
government and legal system and provides a context within which individuals and corporations
doing business outside its home country should carefully study the political culture in the target
country and analyze salient issues arising from the political environment.

Seizure of Assets- The ultimate threat a government can pose toward a company is seizing
assets. Expropriation refer to government action to dispossess a foreign company or investor.
Compensation is generally provided, although not often in a “prompt, effective, and adequate”
manner provided for by international standards.

GEC03 – The Contemporary World


Exclusive for Gordon College use only and NOT FOR SALE
Republic of the Philippines
City of Olongapo
GORDON COLLEGE
COLLEGE OF EDUCATION, ARTS AND SCIENCES
Olongapo City Sports Complex, Donor St., East Tapinac, Olongapo City 2200
Telefax No.: (047) 602-7175 loc 322

 If no compensation is provided, the action is referred to as confiscation.


 Nationalization is generally broader scope than expropriation. It occurs when the
government takes control of some or all enterprises in a particular industry.

International Law- International law may be defined as the rules and principles that nation-
states consider binding upon themselves.

The court whose function is to decide in accordance with international law, such disputes are
submitted to it, shall apply.

 International conventions, whether general or particular, establishing rules and expressly


recognized by the contesting states;
 International customs, as evidence of a general practice are accepted as law;
 The general principles of law recognized by civilized nations; and
 Subject to provisions of Article 59, judicial decisions, and the teaching of the most highly
qualified publicist of various nations, as subsidiary means for the determination of the
rules of law.

Common Law and Civil Law


 Private international law is the body of law that applies to disputes arising from
commercial transactions between companies of different nations.
 A Civil-law country is one in which the legal system reflects the structural concepts and
principles of the Roman Empire in the sixth century.
 In common-law countries, many disputes are decided by reliance on the on the authority
of past judicial decisions.
 In common-law countries, companies are legally incorporated by state authority.
 In civil-law countries, companies are formed by contract between two or more parties
who are fully liable for actions of the company.

Sharia Law- The legal system in many Middle Eastern countries is identified with the law of
Islam, which are associated with “the one and only God, the Almighty”
In Islamic Law, the Sharia is a comprehensive code governing Muslim conduct in all areas of
life, including business.

Bribery and Corruption: Legal and Ethical Issues


Corruption is the abuse of power – or the inducement to abuse power – for personal, political, or
commercial gain. It’s often done in secret. Bribery is a specific offense that involves the
exchange of something that has value to the receiver. But… it’s given in the hope of getting
something in return. Its impact on society is damaging, and it’s more common than you might
think. Corrupt activity, bribery, or attempted bribery is never acceptable for legal, moral, and
ethical reasons. Each and every one of us has a responsibility to ensure that all our business
relationships are conducted in an ethical and honest manner. Failure to do so harms society, our

GEC03 – The Contemporary World


Exclusive for Gordon College use only and NOT FOR SALE
Republic of the Philippines
City of Olongapo
GORDON COLLEGE
COLLEGE OF EDUCATION, ARTS AND SCIENCES
Olongapo City Sports Complex, Donor St., East Tapinac, Olongapo City 2200
Telefax No.: (047) 602-7175 loc 322

company, your colleagues, and you. You need to be able to recognize red flags for bribery and
corruption, so you can protect our company, your colleagues, and yourself

Global Interstate System- Institutions that Govern International Relations.

1. Traditional balance between nation-states – respect to sovereignty of each country is the


rule here.
2. Balance between nation-states and global markets – imbalance and inequality between
among nations in terms of economies.
3. Balance between individuals and nation-states – globalization given every individual the
freedom to move, to choose, to decide what is beneficial to them with no intimidation or
restrictions from any authority provided laws and policies are not violated.

The history of United Nations:


United States President Franklin Roosevelt coined the name United Nations that was used in the
Declaration of United Nations of January 1, 1942.

VI. Reference
 Abelos, A., et al., (2018). The Contemporary World. Malabon City. Mutya Publishing House,
Inc.

GEC03 – The Contemporary World


Exclusive for Gordon College use only and NOT FOR SALE

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