State and territory law encompasses legal matters related to the government of states and their associated territories, both incorporated and unincorporated. Incorporated territories, where the US constitution is enforced, are typically considered part of a political union with local self-government; they can exercise certain federal powers (like armed resistance) but may not have full independence from the United States.
The Constitution of the United States is an international treaty signed by representatives from all fifty states and Washington D.C. It guarantees equal protection to all Americans while creating a federal system of government with certain basic guidelines for its operation.
Some of these principles include equal protection and the prohibition against any diminution of citizenship or civil rights. Furthermore, the constitution safeguards against arbitrary deprivation of life or liberty through any means – including forcible removal from a country, imprisonment, and exile – by any means whatsoever.
Citizenship is the status that all persons born in the United States are automatically entitled to as a matter of right. The federal government, along with its state and territorial governments, has broad powers over individuals within America as well as their property.
Territorial laws refer to the rules that govern land, water and airspace within a country’s boundaries. These can be passed or amended by national legislatures; they may also be overturned by a court of competent jurisdiction.
When a new state is formed, its borders are typically defined by the boundaries of previous administrative divisions. This principle, known as uti possidetis, serves to guarantee that new states don’t take over land belonging to other nations.
Annexation is often employed to acquire territory by force. Whether or not a state has acquired territory through this method is determined by its international legal obligations under the UN Charter, and can be seen as an act of territorial aggression.
Occupation refers to the long-term occupation of a territory by an external power without consent. Depending on the circumstances, this can either be legally or morally justified.
During occupation, the occupying power must not engage in any acts that violate international law or principles of humanitarian law, such as seizing private property, destruction of buildings or individuals, or violation of internationally recognized judicial guarantees. Furthermore, they should not discriminate against people based on religion, race or sexual orientation and deprive them of any human right.
Anyone who has suffered torture, cruel, inhuman or degrading treatment or punishment by a public official or other individual acting in an official capacity must have the opportunity to lodge a complaint and have their case promptly and impartially examined by competent authorities. This includes providing them with access to legal representation from their home country or other representative.
