8: International Legal Regime of State Territory and Other Spaces Flashcards
legal regime of state territory
state is supreme internally (within its territorial frontiers)
- territorial sovereignty prevails over personal sovereignty
principle of territorial jurisdiction (regardless of nationality)
- power to regulate people, property and circumstances
- setting legal order in the state via legislative, executive and judicial means that govern the territory
principle of domestic jurisdiction is primarily territorial
- all element and situations within its territory are subject to its laws
exceptions to the legal regime of state territory
diplomatic immunities
personal jurisdiction based on nationality
- in some circumstances prevails
legal regime of universal jurisdiction
exception to state sovereignty
customary law where every state around the world has the competence to prosecute alleged offenders and punish them within their jurisdiction regardless of the place of commission of the crime and any link of nationality or other grounds
- certain crimes considered serious by the whole international community like piracy, war crimes, genocide, crimes against peace and humanity, etc.
legal regime of leases
rights exercised by states over the territory of another state
- Panama Canal, Guantanamo Bay, Hong Kong, etc.
bilateral treaty between 2 countries in which A passes/transfers complete sovereignty over a piece of its territory to B
- complete transfer of sovereignty including all rights, obligations and law
powers that decided in the 19th century to sign a contract with the territorial sovereign country where the sovereignty passes to the lessee for the duration of the lease/contract rather than annexing them
servitude
distinguished from leases
territory of one state is under a limitation in the interest of another
- right to use powers, right of passage, etc.
right to utilise some other state’s territory but sovereignty does not fully pass to the new country
- foreign country only enjoys the right of usage
legal regime for maritime zones
rules laid down in the UN convention on the law of the sea in 1982
multilateral convention
legal regime for coastal states
territorial waters/seas as an integral part of state sovereignty and state territorial sovereignty
- waters up to 12 nautical miles from the coast
right of innocent passage
- right of ships of all states to navigate through the territorial sea to traverse the sea without entering internal waters or proceeding to and from internal wars
- passage has to be continuous and expeditious (cannot harm peace and security of the coastal country)
jurisdiction on board of the flag state, in some circumstances of the coastal state
- a priori, it’s the laws of the flag state but in the territorial waters, it’s combined with territory state laws
also includes air space above territorial waters and subsoil with respect to natural resources
legal regime for contiguous zones
between 12 and 24 nautical miles that serves as a buffer and security zone
- not full-fledged sovereignty but some type of control
coastal state can exercise control necessary to prevent infringement of customs, fiscal, immigration and sanitary laws/regulations within its territory or territorial sea and punish infringement of the above laws/regulations committed within its territory or territorial seas
legal regime for exclusive economic zones
between 24 and 200 nautical miles
- zone with specific legal regimes allowing/granting coastal state exclusive rights
- just the waters
coastal state has sovereign rights to explore, exploit, conserve, manage natural resources in the seabed and subsoil, as well as produce energy from water, currents and winds, etc.
may grant concessions to other states but enforcement of laws and regulations of the coastal state
all states enjoy freedom of navigation, overflight and laying submarine cables/pipelines
legal regime of continental shelf
subsoil of the EEZ
every coastal state is guaranteed at least 200 nautical miles
- has the right to enjoy exclusive rights
some countries have natural prolongation longer than 200 nautical miles so they declare with unilateral acts and has to be approved by some convention
important because that’s where oil and natural gas is
legal regime of the high sea
covers most oceans and everything between international borders
open to all states of the world
- all freedoms done in respect of other activities or interests of countries
- no country can exercise sovereign rights
legal regime of the area
intranational seabed, ocean floor and subsoil beyond the continental shelf
moratorium on deep seabed mining (1969) to prevent monopolisation
common heritage of mankind to be preserved due to its importance for future generations
- area cannot be appropriated by any country
no state claims/exercises sovereignty
legal regime of the polar regions: arctic
inhospitable territory between North America and Russia
important strategic area because there are ice beds below which submarine pipes can operate
great potential value in terms of petroleum/natural gas reserves
legal regime of the polar regions: antarctica
after WWII, adoption of the Antarctic treaty as a multilateral treaty
1959 Antarctic Treaty
- suspension of territorial claims
- international zone cannot be appropriated by anyone
freedom for scientific investigation, environmental protection, protection of flora and fauna, environmental issues, etc.
legal regime on air space
space above the state land territory, internal waters and territorial sea up to the bottom end of outer space (~100km from earth)
- part of state territory and subject to exclusive state sovereignty
- use of the airspace by foreign airplanes subject to the consent of the state of the territory
