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Public International Law (PIL) > Law of the Sea > Flashcards

Law of the Sea Flashcards

1
Q

List the sources of the International Law of the Sea

A

-Treaties
-UNCLOS
-CIL
-GP (some, arguaably)
-etc. etc

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2
Q

Explain what is meant by “the land dominates the Sea”

A

-landmass need in order 2 delimit the sea

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3
Q

List the justifications for claiming territory

A
  1. Discovery
  2. Effective occupation- terra nullius
  3. Prescription- terra derelicta- land has been abandoned
    4.Conquest
    5.Cession
    6.Avulsion/accretion–> new land when river change course NATURALLY
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4
Q

True or False: Artifical Islands do not create maritime zones

A

-True

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5
Q

What did the Spain v. Netherlands(Island of Palmas) case conclude about territroy through discovery

A

-INCOHATE title
Planting flag by spain was not enough
-law had dev. 2 state that disc. not enough to claim territory, eventhough at the time discovery was a-okay
-right must dev. with law
-Dutch had imposed effec. control thru taxation

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6
Q

What does airspace constitute

A

air= atmosphere, gases: nit., oxygen

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7
Q

TRUE or FALSE: no one CAN have sovereignty over outer space

A

-twue (Outer Space Treaty) -yes j cite it like that

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8
Q

How is the baseline calculated?

A

-Usually from low water line from the coast
-Other conditions for:
-reefy waters
-bay
-unstable natural conditions (Anglo Fisheries case) –> allows straight baseline
-mouths of rivers
-Art. 5-7 UNCLOS

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9
Q

What is a state’s territorial sea?

A

-12 nautical miles from the baseline

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10
Q

Which art. governs law of the sea on islands?

A

-Art. 121 UNCLOS

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11
Q

How far from the coastline is the exclusive economic zone?

A

-200 nm

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12
Q

How far from the coastline is the contiguous zone?

A

-24 nm

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13
Q

How far from the coastline is the continental shelf?

A

-200-350m (up to 350m is claimable)

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14
Q

True or False; you have to proclaim the EEZ to have it

A

yes

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15
Q

Which Article governs the contiguous zones and a state’s right there

A

Art. 33 UNCLOS

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16
Q

What rights does a state have in its exclusive economic zone?

A

-functional jurisdiction over:
-exploring, exploiting, conserving,managing natural resources

17
Q

Which articles govern the exclusive economic zone?

A

-Art. 55-57 UNCLOS

18
Q

What are the rights guaranteed to a state towards their continental shelf?

A

-Explorat. + exploit. of nat. res. of the seabed

19
Q

Describe the process of Delimitation

A
  1. Draw a prov. equidistance line from chosen base point-draw a line split in middle
    2.Adjust prov. line in light of rel. circ.
    -coastline length
    -access to ocean
    -landmass
    -anything
  2. Equity check
20
Q

What did the ICJ,Maritime Delimitation in the Black Sea case determine about delimitation?

A

-Equidistance lines
-should check geo. of coastline to see if any adjustments need to be made
-PRACT. approach
-unless clear evidence
-give + take everybody a little som
-middle ground

21
Q

Under which conditions can the right to innocent passage occur?

A

-innocent (no hanky panky shi, war shi, type shi)
-continous—> continually travelling
-17-26 UNCLOS

22
Q

What did the Libya/Malta Case conclude about maritime zones?

A

-Based on equity as well
-and size of state
-Malta cannot consume so much Lib. pot. waters
-microscopically small

23
Q

What did the Canada France case conclude about delimitation

A

-island having full maritime zone, would cut Canada off the Atlantic Ocean
-only a bit of it had full effect
-Compro. solution was found
-Equity principle

24
Q

True or False: contrary to popular belief, states do not have universal jurisdiction over piracy

A

-false

25
Q

Which art. codifies the flag principle?

A

-Art. 92

26
Q

Can states pursue ships in the high seas?

A

-Ya
-Right of hot pursuit
-Art. 111 UNCLOS

27
Q

What are the requirements of hot pursuit?

A

-good reas. to beli. a foreign ship has viol. laws and regulations of the coastal states
-visual or audit. signal r given by spec ship
-continual pursuit
-start within the internal/ archip. waters, terr. sea., contingous zone, EEZ or CS

28
Q

Where is piracy defined

A

-Art. 101UNCLOS

29
Q

What did the Greenpeace case conclude in terms of Piracy?

A

-even if you protecting da whales could still be piracy
-protect. of wahales= politic. ideology- priv. ends
-priv. ends does not only just mean mon. gain

Public International Law (PIL) (13 decks)

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