Session 8

Question 1

Define the concept of domestic jurisdiction:

Answer 1

It is primarily territorial: all elements and situation within its territory are subject to its laws. National laws apply

Question 2

What is the universality principle

Answer 2

competence of every State to prosecute alleged offenders and punish them, if convicted, regardless of the place of commission of the crime and any link of nationality or other grounds recognized by IL

Question 3

What are leases ?

Answer 3

= rights exercised by States over the territory of another State. eg Guantanamo Bay

Question 4

What is a servitude?

Answer 4

territory of one State is under a limitation in the interest of another State

Question 5

What is a territorial sea?

Answer 5

an adjacent belt of sea to which the sovereignty of a coastal State extends, beyond its land territory, internal waters and its archipelagic waters. It has a breadth of up to 12 nautical miles from the baselines.
Sovereingty extends to the air space over the territorial sea, as well as bed and subsoil

Question 6

What is the right of innocent passage?

Answer 6

• right of ships of all States, whether coastal or land-locked, to navigation through the territorial sea for the purpose of:
  (a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or
  (b) proceeding to or from internal waters or a call at such roadstead or port facility

Question 7

What are the requirements of innocent passage?

Answer 7

It has to be continuous, expeditious and not prejudicial to the peace, good order or security of the coastal state law

Question 8

What is the contiguous zone?

Answer 8

zone contiguous to the territorial sea in which the coastal State may exercise the control necessary to:

• prevent infringement of customs, final, immigration…
• Punish infringementt of the law+ regulation
• It may not extend beyond 24 nautical miles

Question 9

What is the exclusive economic zone?

Answer 9

area beyond and adjacent to the territorial sea, subject to the specific legal regime governing the rights and jurisdiction of the coastal State and the rights and freedoms of other States, part of high seas shall not extend beyond 200 nautical miles from the baselines.

Question 10

What are the sovereign rights of the coastal in the EEZ?

Answer 10

• Exploring and exploiting, conserving and managing natural resources + other activities such as the production of energy from water, current, winds, artificial island and scientific projects

Question 11

Which measures can a state taken within its EEZ?

Answer 11

Boarding, inspection, arrest and judicial proceedings

Question 12

What is the continental shelf?

Answer 12

comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea (not deep ocean floor) throughout the natural prolongation of its land territory to the outer edge of the continental margin

Question 13

What are the rights of a coastal state within its continental shelf

Answer 13

Explore, exploit its resources

Question 14

What can other states do within a state’s continental shelf?

Answer 14

Do what the states do if they have express consent + entitled to lay submarine cables and pipeline + use superjacent waters + air space above those waters, navigation

Question 15

What are the High Seas?

Answer 15

open to all States, whether coastal or land-locked, freedom of navigation, freedom of overflight, freedom to lay submarine cables and pipelines, freedom to construct artificial islands and other, installations permitted under international law, freedom of fishing, freedom of scientific research

Question 16

What is the area?

Answer 16

sea-bed and ocean floor and subsoil thereof beyond

the limits of national jurisdiction (beyond 200 n.m. from baselines) - area underlying most of the world’s oceans.

Question 17

To whom do the resources of the Are belong to?

Answer 17

Common heritage of mankind. eg: the Arctic

Question 18

What does the Antarctic Treaty do?

Answer 18

Suspends the territorial claims over Antarctic.

Question 19

What is the air space?

Answer 19

space above the State land territory, its internal waters and territorial sea, up to the bottom end of the outer space

Question 20

What did the convention on International civil aviation rule on?

Answer 20

rules of airspace, entry and clearance regulations, aircraft registration and safety, int’l air travel + created a specizalized UN agency, the ICAO charged with coordinating and regulating international air travel

Question 21

Define Space Law

Answer 21

legal norms governing activities in the outer space, on the Moon and other celestial bodies

Question 22

What are the basic principles of space law?

Answer 22

prohibition of national appropriation (declaration of sovereignty, effective use, occupation, etc.) → outer space – rei communis → Art. 2 OST + customary rule

Question 23

What says the article 1 of the OST?

Answer 23

Freedom of exploration, scientific investigation and use by all States

Question 24

What says the Moon Treaty?

Answer 24

an international regime will be established “to govern the exploitation of the natural resources of the Moon as such exploitation is about to become feasible”

Question 25

Which articles forbid the use of force in outer space?

Answer 25

Art 3 and 4

Question 26

Define the principle of cooperation and reciprocity

Answer 26

Under article 12: all stations, installations, equipment and space vehicles on celestial bodies shall be open to representatives of other States

Question 27

What is the status of the astronaut?

Answer 27

Under article 5: = envoy of mankind in outer space → all possible assistance in the event of accident, distress, or emergency landing on the territory of another State or on the high seas + information on phenomena of danger + in carrying on activities in outer space mutual assistance