ILAW 4321 Final Exam

Question 1

• Came before law of airspace

- Customs evolved to treaties

Answer 1

Law of sea

Question 2

sovereignty extends into sea 12 miles

Answer 2

Article 1

convention of territorial sea

Question 3

airspace

Answer 3

Article 2

convention of territorial sea

Question 4

baseline

Answer 4

Article 3

convention of territorial sea

Question 5

landward side of baseline = Internal Waters

Answer 5

Article 5

convention of territorial sea

Question 6

limit of territorial sea

Answer 6

Article 6

convention of territorial sea

Question 7

Right of Innocent Passage

Answer 7

Article 14 and 15

convention of territorial sea

Question 8

duty to obey rules e.g. speed

Answer 8

Article 17

convention of territorial sea

Question 9

Peace of the port doctrine

Answer 9

Article 19

convention of territorial sea

Question 10

4 fundamental freedoms

Answer 10

Article 2
convention on the high seas

(1) Freedom of navigation;
(2) Freedom of fishing;
(3) Freedom to lay submarine cables and pipelines;
(4) Freedom to fly over the high seas.

Question 11

all states equal

Answer 11

Article 3 and 4

convention on the high seas

Question 12

genuine link

Answer 12

Article 5

convention on the high seas

Question 13

territorial waters

Answer 13

Internal waters
Baseline
territorial sea
contiguous zone
exclusive economic zone

Question 14

Normally, the (BLANK) from which the territorial sea is measured is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal state

Answer 14

baseline

Question 15

Waters landward of the baseline

Answer 15

internal waters

Question 16

extends up to 12 nautical miles from its baseline

Answer 16

territorial sea

Question 17

12 miles from territorial sea

Answer 17

contiguous zone

Question 18

Begins at baseline

200 miles max from baseline

Answer 18

exclusive economic zone

Question 19

The United Nations Convention on the Law of the Sea grants a coastal state the right to pursue and arrest ships escaping to international waters, as long as:

Answer 19

(1) The pursuers are competent authorities of the state;
(2) They have good reason to believe that the pursued ship has violated the state’s laws or regulations;
(3) The pursuit begins while the pursuing ship is the state’s internal waters or territorial waters; and
(4) The pursuit is continuous.

Question 20

In maritime law, all parts of the mass of saltwater surrounding the globe that are not part of the territorial sea or internal waters of a state.

Answer 20

high seas

Question 21

Defined in article 15 of Convention of the High seas

Universal crime

Answer 21

piracy

Question 22

Article 13 of Convention of the high seas

Answer 22

Every State shall adopt effective measures to prevent and punish the transport of slaves in ships authorized to fly its flag, and to prevent the unlawful use of its flag for that purpose. Any slave taking refuge on board any ship, whatever its flag, shall ipso facto be free

Question 23

Allows for a vessel to pass through the territorial waters of another state subject to certain restrictions. It is innocent as long as it is not prejudicial to the peace, good order or security of the coastal state

Answer 23

right of innocent passage

Question 24

Airspace above up to territorial sea

Answer 24

territorial airspace

Question 25

made it legal for a U.S.-registered cruise ship to offer gambling once it made it to international waters

Answer 25

cruise ship competitiveness act of 1991

Question 26

o 1935
US and UK had treaty to fight liquor smuggling-allowed USCG to board ship in HS
US fired on ship in HS and sank her
Arbitrator said owed compensation-force was excessive

Answer 26

I’m alone case

Question 27

1944

Established the International Civil Aviation Organization (ICAO), an IGO

Answer 27

Convention on International Civil Aviation aka Chicago Convention

Question 28

Provision of Convention on International Civil Aviation

Answer 28

Every state has exclusive sovereignty over its airspace
Permission for scheduled air service over nation is needed
Unscheduled - can be forced to land

Question 29

conventions on airline liability

Answer 29

warsaw convention and montreal convention

Question 30

1929
An international convention which regulates liability for international carriage of persons, luggage or goods performed by aircraft for reward

Answer 30

warsaw convention

Question 31

1999
Treaty adopted by a Diplomatic meeting of ICAO member states. It amended important provisions of the Warsaw Convention’s regime concerning compensation for the victims of air disasters
Caps of $170K for persons and $10K for luggage

Answer 31

montreal convention

Question 32

open skies concept

Answer 32

Proposed by Eisenhower in 1955
Mutual aerial observation
Quota for observation flights

Question 33

treaty on open skies

Answer 33

1992
34 signatories
It establishes a program of unarmed aerial surveillance flights over the entire territory of its participants

Question 34

1961
High altitude surveillance for CIA
Moscow trial for “espionage.”
Berlin spy exchange

Answer 34

Francis Gary Powers’ U-2 incident

Question 35

Yuri Gagarin

Answer 35

first human to journey into outer space in 1961

Question 36

John Glenn

Answer 36

first American to orbit the Earth and the fifth person in space in 1962

Question 37

Nuclear test ban treaty

Answer 37

1963
US, USSR, Great Britain
Underground testing only
No above ground or underwater testing
No limit on # of tests

Question 38

International convention on liability for damage caused by space objects

Answer 38

1972

1 year to make claim + 1 year to pay

Question 39

karman line

Answer 39

62 miles

thus, territorial airspace ends 62 miles above earth

Question 40

environmental law

Answer 40

A collective term describing international treaties (conventions), statutes, regulations, and common law or national legislation (where applicable) that operates to regulate the interaction of humanity and the natural environment, toward the purpose of reducing the impacts of human activity.

Question 41

trail smelter arbitration case

Answer 41

1936
The Trail Smelter dispute was a trans-boundary pollution case involving the federal governments of both Canada and the United States, which eventually contributed to establishing the polluter pays principle in the environmental law of trans-boundary pollution.

Question 42

stockholm declaration

Answer 42

1972

Question 43

principle 21 of stockholm

Answer 43

States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction

Question 44

Refers to a mode of human development in which resource use aims to meet human needs while ensuring the sustainability of natural systems and the environment, so that these needs can be met not only in the present, but also for generations to come.

Answer 44

Sustainable development concept

Question 45

Rio declaration

Answer 45

1992

Question 46

UN Framework Convention on Climate Change (Global Warming)
Greenhouse gasses (binding reductions limitations on emissions)
Russia, EU are key participants
Period 1: 2008 – 2012
Developed countries
Goals with flexibility

Answer 46

Kyoto protocol

Question 47

1963
An international agreement between governments. Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten their survival.

Answer 47

CITES

Convention on International Trade in Endangered Species of Wild Fauna and Flora