International law take home exam, The exam is attached, all the instructions are attached below you just have to key word the questions, If u take anything from the slides make sure you add the chapter and slide number, also there is 4 short questions at
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20190415200028chpt_5_spatial_dimension_of_state_activity.pptxThe Spatial Dimension of State Activity
Chpt 5
Cassese
General
What is the purpose of this chapter…what do we learn from it about IL?
IL regarding:
Territory
Waters
Air
Outer Space
5.2 Territory
What were the general principles for carving up territory areas among sovereign States in traditional IL?
1) whoever possessed a territory and exercised actual control over it had legal title
2)areas subject to no rule, discovery gave title
First come first serve…..weak
Eventually had to actually display sovereignty, attempt to control/use territory
5.2 Territory
What is territory? And are there known territories that are not subject to State control?
The portion of land subject to the sovereign authority of a State
Not really, all land spoken for, several claims to Antarctic region
5.2.1 Acquisition of Territory
How did a States acquire land?
1) effective occupation of land belonging to no one
2) cession of treaty, followed by peaceful effective transfer of territory
3) conquest/occupation
4) accretion—process by which new land is formed naturally
Which of these are now outdated, not possible today?
1 and 3
“’no territorial acquisition resulting from the threat or use of force shall be recorgnized as legal” (Declaration oon Friendly Relations of 1970
5.2.2 Delimitation of Boundaries: Uti Possidetis
What about territory and boundaries for colonies who declare independence?
Colonial borders become state borders
Why?
Hopefully, to forestall internal secessionist fighting
What is the uti possidetis doctrine?
‘you will have sovereignty over those territories you possess as of law’
What was the aim or purpose of this principle?
To avoid war/violence b/w newly independent states over territory
5.3 Sea
What is the primary document that regulates IL on the Sea?
1982 Convention on the Law of the Sea link
When did it come into force (have enough countries ratify it)?
1994
What was the hold up? We will talk about this later
5.3.1 Territorial Sea
What is the territorial sea of a State?
The waters surrounding a State’s territory, including:
Bays, gulfs and straits
5.3.1 Territorial Sea
What is the width of the territorial sea? How long did it use to be, what is current recognized length?
Use to be 3 nautical miles—effective range of shore artilary
1982 Convention—12 nautical miles from the baseline
How to measure the baseline?
‘the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State’
5.3.1 Territorial Sea
What powers/rights to states have in their territorial sea?
States enjoy full sovereignty (airspace, seabed, and subsoil) of their territorial sea, subject to the right of innocent passage of foreign merchants’ ships and warships.
5.3.1 Territorial Sea
What is the innocent right of passage?
Foreign ships may pass through territorial waters if their passage is not prejudicial to the ‘peace, good order or security of the coastal State’
1958 Convention on the Territorial Sea and Contiguous Zone
What about submarines?
They can navigate, but must be above water with flag showing
5.3.1 Territorial Sea
What kind of travel is NOT considered innocent?
Threat or use of force
Spying
Propaganda
Breach of: customs, fiscal, immigration, or sanitary regulations
Interference with coastal communications
Serious or willful pollution
Noncompliance with coastal laws on fishing and navigation
5.3.1 Territorial Sea
Is prior notification or authorization needed in order to travel in the territorial seas of a foreign State?
Maybe…but generally no
40 States require prior authorization
5.3.1 Territorial Sea
Who determines if travel is ‘innocent’?
Coastal State
Does coastal State have criminal jurisdiction for crimes committed on board ships in their territorial waters?
Generally no; but in cases of customs, pollution
So do you think ships should get prior authorization before travelling in territorial waters?
5.3.2 Internal Waters
What are internal waters?
Rivers, lakes and seas waters within the baseline
What kind of sovereignty exists here for coastal States?
Full exclusive sovereignty
Is there a right of innocent passage?
No
Except: 1) cases of distress 2) current baseline encloses area that use to be considered territorial waters
5.3.2 Internal Waters
What happens if a crime is committed on board a foreign ship in internal waters (at port for example)? Who has the jurisdiction here?
Flag state (or foreign State), except when:
Offences infringe customs legislation
Disrupt peace of the port
Capitan of foreign vessel requests coastal State’s enforcement
Internal Waters
Customs is an authority or agency in a country responsible for collecting and safeguarding customs duties and for controlling the flow of goods including animals, transports, personal effects and hazardous items in and out of a country. (wikipedia)
5.3.4 The Contiguous Zone
What is the contiguous zone and how far does it extend?
A zone of law enforcement by coastal State
Up to 24 nautical miles
Prevent persons who commit a crime in the territorial waters from evading apprehension by simply moving into the high seas
5.3.4 The Contiguous Zone
What are the powers of the coastal State in the contiguous zone?
Prevent or punish infringements on its customs, fiscal, immigration, or sanitary regulations
Coastal States can prevent travel in their territorial waters of those ship suspected of these crimes or arrest vessels that have already penetrated their waters
The Exclusive Economic Zone
What is the exclusive economic zone, and how far does it reach?
The area beyond and adjacent to the territorial sea
Possibly up to 200 miles from the baseline
5.4.5 Exclusive Economic Zone
What rights to coastal States have in the EEZ?
Sovereign rights in some specific matters:
Purposes of:
Exploring
Exploiting
Conserving
Managing living and non-living natural resources
Jurisdiction over man-made installations, artificial islands, marine scientific research, protection and preservation of marine environment
May issue laws consistent w/ these provisions
5.3.5 Exclusive Economic Zone
What types of laws can they issue, according to the 1982 Convention:
1) licensing of fishermen, fishing vessels, and equipment, including payment of fees
2)determine species which may be caught, fi quotas of catch
3) regulate seasons and areas of fishing, types, sizes and amounts of gear
4) fixing age and size of fish and other species that are caught
5) authorization and conduct of fisheries research
5.3.6 Continental Shelf
What is the continental shelf?
Underwater land, before it falls into ocean
Coastal territory/land covered with water
150 to 200 meters
1982 Geneva Convention on the Continental Shelf:
Continental shelf is the seabed and subsoil that extends 200 nautical miles from the baseline
5.3.6 Continental Shelf
What types of rights does the coastal State have in the continental shelf?
Limited Sovereignty:
Exploration and exploitation of natural resources of the shelf
Oil, fishing
5.3.6 Continental Shelf
What rights does Article 80 of the 1983 Convention give to coastal States?
Construct and maintain installations for exploration of shelf and establish safety zones around the installations (up to 500 meters)
5.3.6 Continental Shelf
What is the principle of equidistance?
IL principle that maritime boundaries that conflict between coastal states should be drawn equal distance from the nations’ shores
Deep Water Horizon
Located in US EEZ, 40 miles from US Coast in Gulf of Mexico
Rig owned by Transocean , built by Hyundai in South Korea, leased by BP
Operated under the Marshalese flag of convenience
Businesses can register their merchant ship w/ another sovereign state….
Why might they want to do this?
Reduce operating costs, fewer regulations
Disputes over South China Seas
Ownership of Spratly Islands link
5.3.7 High Seas
What is the status of the High Seas, those waters beyond the contiguous zone and EEZ?
They are free to every State
Freedom of every state for:
Navigation, overflight, laying submarine cables, fishing, research, construction of artificial islands and installations
5.3.7 High Seas
A State (through warships or public vessels) may exercise jurisdiction over foreign ships in some cases:
1) approach, board, or visit foreign merchant ships to
Ascertain nationality; inspect for: piracy, slave trade; unauthorized broadcasting…….if they are not and damage is caused then infringing state must make reparations
2) arrest and seize any ship (not under a flag state) engaging in piracy or slave trading; and bring to trial
3) pursue and seize a ship that is suspected of infringing its laws in its internal waters
Right of hot pursuit
5.4 International Seabed
What is the International Seabed?
The soil and subsoil under the High Seas
1967 Maltese Ambassador Arvid Pardo launched the idea that the international seabed should be the Common Heritage of Mankind. What does this mean? 1982 Convention
The seabed and resources belong to all
cannot be portioned off into the territory of states
has to be protected environmentally
International Sea-Bed Authority: develop/explore the seabed for the benefit of all states
5.4 International Seabed
What was the reaction by the US, UK, and Japan to these ideas?
It did not ensure access to seabed minerals
Developed states would bear the brunt of costs and research, and didn’t have proportionate decision making powers
Did not approve of the transfer of technology and intel
Many States refused to ratify the 1982 Law of the Sea Treaty
1994 Treaty amended in regard to the Seabed and the Authority—so more ratified and Treaty came into force
5.5 Air
What kind of sovereignty do States have in the air above their territory and territorial seabed?
States have full exclusive sovereignty over their airspace
How high is airspace?
Undetermined; but may be as high as an aircraft can fly
Overflight is only allowed through agreement of Territorial State
Bilateral and multilateral treaty; 1944 Chicago Convention on International Civil Aviation
5.6 Outer Space
What is considered outer space?
Technically is undefined, may be 90 to 100 miles above territory
Outer Space is considered to be ‘common heritage of mankind’
res communis omnium– for all of the community
1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies
Cannot claim or occupy
Exploration and use carried out for benefit of all
Cannot be used to put nuclear weapons or WMD
Iran supplies Syrian Govt
Shiite-led Iran sent supplies to Syria to prop up the govt of Pres. Bashar al-Assad, which is part of the Alawite sect, an offshoot of Shiite Islam.
Iranian planes flew through Iraq airspace to get there.
US asked Nuri al-Maliki (leader of Iraqi Shiite dominant gov’t) to stop Iran
They did for awhile, but have let Iran start again
What could Iraq do to stop Iran from using their airspace?
Could require Iranian planes to stop in Iraq for inspection
Not permit Iran to fly into their airspace
60 minutes arctic frontier
