Lesson 12 Flashcards
Criteria for Statehood are Established under which Convention
Montevideo Convention on the Rights and Duties of States 1933 - Article 1
Montevideo Convention on the Rights and Duties of States 1933 - Article 1
a) a permanent population
b) a defined territory
c) government
d) capacity to enter into relations with other states (sovereignty)
is there a minimum of a permanent population?
no - just a core population that inhabits the territory on a permanent basis
is a specific government system needed to fulfill the government population?
no
Is International Law a limit to sovereignty of states?
yes.
is the exercise of enforcement government jurisdiction outside of state’s territory prohibited?
yes
What are the three types of territorial jurisdiction?
1) Land
2) Airspace
3) Sea
What is UPJ?
is a principle of customary international law : newly formed
sovereign states should retain the internal borders that their preceding dependent area
had before their independence
What Convention Regulates Airspace?
Under the Convention on International Civil Aviation (the Chicago Convention , 1944 )
What does Art. 1 of the the Convention on the International Civil Aviation stipulate?
each State has complete and exclusive sovereignty over the airspace above its territory
What is the limit to airspace?
Karman line - outer space
What law governs Martime space?
1982 Convention on the Law of the Sea ( UNCLOS ) Constitution for the Oceans”
What does Maritime space include?
- Internal waters
- Territorial sea
- Contiguous zone
- Exclusive Economic Zone (EEZ)
- The continental shelf
- Baselines : reference point for determining maritime spaces
What is the 12 nautical miles rule? and which article of the UNCLOS?
Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines determined in accordance with this Convention (art. 12 UNCLOS)
What areas are subject to full sovereignty of coastal States?
Internal waters: full and exclusive sovereignty of the state, no right of innocent passage
Territorial sea: rights to innocent passage of foreign merchants ‘ships and warships
What areas are subject over which coastal States exercise certain sovereign rights
but third countries also have rights and freedoms?
1) continuous zone
2) exclusive economic zone
3) continental shelf
What maritime areas are not subject to the sovereignty or jurisdiction of any State?
1) High Seas
2) International seabed area (soil and subsoil under high seas)
Personal Jurisdiction (States over its nationals) - based upon
based on the nationality of natural and legal persons
Who does personal jurisdiction give states jurisdiction over?
i) nationals who live in the territory of the state
ii) foreigners who live in the territory of the state
iii) nations who live in a foreign country
What are one of the immunities offered to states by personal jurisdiction?
immunity from the adjudicative jurisdiction of another state:
what are the groups of personal jurisdiction?
ground: principle of equal sovereignty and the expression par in parem non habet imperium (equals have no jurisdiction over each other)
does personal jurisdiction mean that states cannot be held internationally responsible?
no
Sources of State Immunity?
A) UN Convention on Jurisdictional Immunities of States and their Property 2004
B) European Convention on State Immunity
C) Rule of Immunity of States are Essentially Customary Rules
What are the two types of immunity?
A) Immunity of Jurisdiction: a foreign state cannot be sued or submitted to the tribunals of another state
B) Immunity of Enforcement: a foreign state and its property cannot be object of coercive measures or object of decision of a judicial or administrative body of another State
Absolute vs Restrictive Immunity?
Absolute immunity : a state is immune for all
purposes and in all proceedings
Restrictive immunity : a State is immune only in respect of its “sovereign acts”, otherwise known as acts i uri i mperii and not immune in respect of its commercial acts, known as acts I ure gestionis
How do you distinguish between acts of juri imperil and acts sure gestionis?
the nature fo the foreign act vs the function of the act it intended to fulfil
Example of Immunity vs Peremptory norms?
Germany v. Italy
