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Legal statute of the territory


Author: Bantuş Natalia
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Year:2009
Scientific adviser: Victor Popa
doctor habilitat, professor, Academy of Public Administration
Institution:
Scientific council:

Status

The thesis was presented on the 20 March, 2009
Approved by NCAA on the 23 April, 2009

Abstract

Adobe PDF document0.30 Mb / in romanian

Thesis

CZU 342 (043.3)

Adobe PDF document 0.72 Mb / in romanian
0 pages


Keywords

State, Unitary state, Federal State, Confederation, Elements of a state, Territory, Territory of a state, Legal nature of the territory of a state, Role of the territory, Functions of the territory, Territorial integrity, State power (powers of a state), Nation, People, Sovereignty, Right to self-determination, State border, Legal nature of the state border, Ethnicity, National minority, Right of minorities to identity and development on the national territories of states, UN Charter, Administrative-territorial organization, Local territorial collectivity, Administrative-territorial unit, Local autonomy, Decentralization, Deconcentration, Special legal status, Regional development, Regionalization

Summary

The doctoral thesis contains a complex analysis of the legal status of the territory, it emphasizes the general ideas, hypothesis and statements on the role of the territory for constitution and development of the state organization, by having the universal right over the territory where the nation has evolved and developed, by the integrity given by the state to the territory through different norms of the international law.

It has been proved that the territory represents the natural and geographical limits of the sovereignty and limits of the state structure, thus identifying the functions that are fulfilled by the territory for this purpose. The legal status of the territory cannot be distinguished apart from its purpose; meanwhile the purpose is the qualitative synthesis of functions fulfilled by it. Any modification of the territory is admissible only if they have the sovereign will of the nation or people that live on this territory.

The necessity of studying and knowing the legal statute of the territory is imposed in order to determine more precisely if a specific society can be considered as a state, if the respective community has the sovereign right over this territory; also, to identify the categories of rights that belong to the national minorities which live on this territory.

It has been emphasized the necessity and the possibility of solving different territorial conflicts not through violence and defiance of the norms of international law, but through special legal statutes. Some special categories have been emphasized, like the rights belonging to national minorities in the Republic of Moldova, including gagauz, as well the minorities living on the left bench of the Nistru River; they have the right to use the territory based on the administrative and cultural autonomy.

The complex study of the problems related to the administrative-territorial organization of the Republic of Moldova showed the shortcomings in the respective domain and allowed to present the arguments in order to implement the politics of regionalization, this one being an imperative for the accession to the community of European states.

The results of the research and the theoretical conclusions can be used to improve the legislative framework through the amelioration of a special statute to Transnistria, an administrative organization. Also, the obtained results can be used in the learning process, by the university staff, PhD students, master students and simply students, as well for everybody who is interested in the issue of legal statute of the territory in order to deepen and develop these concepts.