Lesson 12

Question 1

Criteria for Statehood are Established under which Convention

Answer 1

Montevideo Convention on the Rights and Duties of States 1933 - Article 1

Question 2

Montevideo Convention on the Rights and Duties of States 1933 - Article 1

Answer 2

a) a permanent population
b) a defined territory
c) government
d) capacity to enter into relations with other states (sovereignty)

Question 3

is there a minimum of a permanent population?

Answer 3

no - just a core population that inhabits the territory on a permanent basis

Question 4

is a specific government system needed to fulfill the government population?

Answer 4

no

Question 5

Is International Law a limit to sovereignty of states?

Answer 5

yes.

Question 6

is the exercise of enforcement government jurisdiction outside of state’s territory prohibited?

Answer 6

yes

Question 7

What are the three types of territorial jurisdiction?

Answer 7

1) Land
2) Airspace
3) Sea

Question 8

What is UPJ?

Answer 8

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

Question 9

What Convention Regulates Airspace?

Answer 9

Under the Convention on International Civil Aviation (the Chicago Convention , 1944 )

Question 10

What does Art. 1 of the the Convention on the International Civil Aviation stipulate?

Answer 10

each State has complete and exclusive sovereignty over the airspace above its territory

Question 11

What is the limit to airspace?

Answer 11

Karman line - outer space

Question 12

What law governs Martime space?

Answer 12

1982 Convention on the Law of the Sea ( UNCLOS ) Constitution for the Oceans”

Question 13

What does Maritime space include?

Answer 13

• Internal waters
• Territorial sea
• Contiguous zone
• Exclusive Economic Zone (EEZ)
• The continental shelf
• Baselines : reference point for determining maritime spaces

Question 14

What is the 12 nautical miles rule? and which article of the UNCLOS?

Answer 14

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)

Question 15

What areas are subject to full sovereignty of coastal States?

Answer 15

 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

Question 16

What areas are subject over which coastal States exercise certain sovereign rights
but third countries also have rights and freedoms?

Answer 16

1) continuous zone
2) exclusive economic zone
3) continental shelf

Question 17

What maritime areas are not subject to the sovereignty or jurisdiction of any State?

Answer 17

1) High Seas
2) International seabed area (soil and subsoil under high seas)

Question 18

Personal Jurisdiction (States over its nationals) - based upon

Answer 18

based on the nationality of natural and legal persons

Question 19

Who does personal jurisdiction give states jurisdiction over?

Answer 19

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

Question 20

What are one of the immunities offered to states by personal jurisdiction?

Answer 20

immunity from the adjudicative jurisdiction of another state:

Question 21

what are the groups of personal jurisdiction?

Answer 21

ground: principle of equal sovereignty and the expression par in parem non habet imperium (equals have no jurisdiction over each other)

Question 22

does personal jurisdiction mean that states cannot be held internationally responsible?

Answer 22

no

Question 23

Sources of State Immunity?

Answer 23

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

Question 24

What are the two types of immunity?

Answer 24

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

Question 25

Absolute vs Restrictive Immunity?

Answer 25

 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

Question 26

How do you distinguish between acts of juri imperil and acts sure gestionis?

Answer 26

the nature fo the foreign act vs the function of the act it intended to fulfil

Question 27

Example of Immunity vs Peremptory norms?

Answer 27

Germany v. Italy