Session 8 Flashcards
Define the concept of domestic jurisdiction:
It is primarily territorial: all elements and situation within its territory are subject to its laws. National laws apply
What is the universality principle
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
What are leases ?
= rights exercised by States over the territory of another State. eg Guantanamo Bay
What is a servitude?
territory of one State is under a limitation in the interest of another State
What is a territorial sea?
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
What is the right of innocent passage?
- 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
What are the requirements of innocent passage?
It has to be continuous, expeditious and not prejudicial to the peace, good order or security of the coastal state law
What is the contiguous zone?
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
What is the exclusive economic zone?
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.
What are the sovereign rights of the coastal in the EEZ?
- 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
Which measures can a state taken within its EEZ?
Boarding, inspection, arrest and judicial proceedings
What is the continental shelf?
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
What are the rights of a coastal state within its continental shelf
Explore, exploit its resources
What can other states do within a state’s continental shelf?
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
What are the High Seas?
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
What is the area?
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.
To whom do the resources of the Are belong to?
Common heritage of mankind. eg: the Arctic
What does the Antarctic Treaty do?
Suspends the territorial claims over Antarctic.
What is the air space?
space above the State land territory, its internal waters and territorial sea, up to the bottom end of the outer space
What did the convention on International civil aviation rule on?
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
Define Space Law
legal norms governing activities in the outer space, on the Moon and other celestial bodies
What are the basic principles of space law?
prohibition of national appropriation (declaration of sovereignty, effective use, occupation, etc.) → outer space – rei communis → Art. 2 OST + customary rule
What says the article 1 of the OST?
Freedom of exploration, scientific investigation and use by all States
What says the Moon Treaty?
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”
Which articles forbid the use of force in outer space?
Art 3 and 4
Define the principle of cooperation and reciprocity
Under article 12: all stations, installations, equipment and space vehicles on celestial bodies shall be open to representatives of other States
What is the status of the astronaut?
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
