Unit 3
Unit 3
It is derived from State sovereignty and constitutes several features. It is the authority of the
State over persons, property and events which are primarily within its territories. State
Authority has the power to prescribe, enforce and adjudicate the Rules of Law.
1. land,
2. national airspace,
3. internal water,
4. territorial sea,
5. national aircraft,
6. national vessel,
It does not only encompass the crime committed on its territory but also the crimes that have
effects within its territory. In such a case, a concurrent jurisdiction occurs.
Case law
Liechtenstein v. Guatemala
In this case, Nottebohn a german lived in Guatemala for 34 years. He has his German
citizenship and then he also applied for Liechtenstein citizenship a month after the outbreak
of World War ll. The application was approved by Liechtenstein. After this approval, he
travelled to Liechtenstein and during his return to Guatemala he was not allowed to enter
because he was deemed to be a German citizen. Liechtenstein filed a suit before the court on
Guatemala to allow him as a citizen. The Court held that granting citizenship is solely the
concern of the granting nation. But in this case, there is no relationship between Liechtenstein
and Nottebohn. This happened because of the war that they became two nations. Hence, the
court said that Nottebohn wasn’t forced by the Guatemala country to recognise him as a citizen
and in result, the suit was dismissed.
Generally, under the principle of sovereign immunity, foreign sovereigns are immune from
the jurisdiction of other states' courts. This principle is based on the idea that states should
respect each other's sovereignty and not interfere in each other's internal affairs. However,
there are exceptions to sovereign immunity, and states may sometimes exercise jurisdiction
over foreign sovereigns in certain circumstances, such as:
1. Commercial Activities: Foreign sovereigns may not be immune from the jurisdiction of
another state's courts when engaging in commercial activities. If a foreign sovereign
entity is engaging in commercial activities within a state's territory, it may be subject
to the jurisdiction of that state's courts for disputes arising from those activities.
2. Waiver of Immunity: Foreign sovereigns may waive their immunity from jurisdiction
either explicitly through a contractual agreement or implicitly through their actions.
3. Treaty or Agreement: International treaties or agreements between states may
provide for exceptions to sovereign immunity or may establish mechanisms for
resolving disputes involving foreign sovereigns.
4. State Practice and Customary International Law: Over time, customary international
law may evolve to establish exceptions to sovereign immunity based on state
practice and the principles of fairness and justice.
5. National Legislation: Some states may have domestic laws that specifically provide
for jurisdiction over foreign sovereigns in certain circumstances.
It's important to note that the application of jurisdiction over foreign sovereigns is a sensitive
and diplomatically significant matter, and states generally consider these issues carefully to
avoid conflicts and maintain positive international relations
1. Foreign Diplomats and Consular Staff: Diplomatic agents and consular officers enjoy
diplomatic immunity, which exempts them from the jurisdiction of the host state's
courts for actions performed in their official capacity. This immunity is granted under
international law to ensure the smooth functioning of diplomatic relations.
2. Heads of State and Government Officials: In some cases, heads of state and high-
ranking government officials may enjoy immunity from prosecution in foreign courts
for acts performed in their official capacity. However, this immunity may vary
depending on the jurisdiction and the nature of the actions involved.
3. Sovereign States: As mentioned earlier, under the principle of sovereign immunity,
foreign sovereign entities are generally immune from the jurisdiction of other states'
courts. However, there are exceptions to this immunity, particularly in cases involving
commercial activities or when a foreign state waives its immunity.
4. Armed Forces and Military Personnel: In some jurisdictions, military personnel may
be subject to military law rather than civilian law for actions taken in the course of
their duties. Additionally, military personnel may be covered by status of forces
agreements (SOFAs) that outline the jurisdictional arrangements between the
sending and receiving states.
5. International Organizations: International organizations such as the United Nations,
World Bank, and International Monetary Fund may enjoy immunity from the
jurisdiction of national courts for actions taken in their official capacity. However, this
immunity may be waived in certain circumstances or limited by treaty agreements.
2) The high seas mean, all the parts which are not coming under EEZ, territory or
inland waters of a country. This rule was formulated by Grotius in his maxim on
“Mare Liberum” in 1609 and claimed that the sea could not be owned by anyone.
As a result, all States supported that ships can go and use freedom of navigation,
fight, fishing and building artificial islands etc. But, the command has been
considerably changed under the convention on the Law of the sea of 1982.
Article 87(2) of the convention lays down the limitation of the general nature on the
freedom of high seas by stating that the freedom of the high seas “shall be exercised
with due regard to the interests of other States in their exercise of the freedom of
high seas”. The 1982 United Nations Convention on the Law of the Sea (UNCLOS)
creates a comprehensive command to govern the rights of nations in respect of the
world’s oceans. International Maritime Organization (IMO) is a specialized agency of
the United Nations responsible for improving maritime safety and preventing pollution
from ships.
Life itself arose from the oceans. Even now, when the continents have been mapped
and their interiors made accessible by road, river and air, most of the people in the
world live no more than 200 miles from the sea and relate closely to it.
Outer space
Space is an area that is not divided into parts for each country and has no boundaries. It is
limitless. But have you ever wondered, to whom the moon, the stars, and the other celestial
bodies belong to, who has the property rights conferred upon him/her and, what are the rules
governing the exploration of space? Well, in this article we will discuss how the space laws
govern the exploration of space and who is allowed to govern it.
Soon after the Soviet Union launched Sputnik in 1957, the United Nation framed the United
Nations Committee on the Peaceful Uses of Outer Space. Let us discuss UNCOPUOS in-
depth.
Article 87(1)[5] talks about the various freedom of the high seas. The high seas are open to all
States, whether coastal or land-locked. Freedom of the high seas is exercised under the
conditions laid down by this Convention and by other rules of international law. It comprises,
inter alia, both for coastal and land-locked States:
(c) freedom to lay submarine cables and pipelines, subject to Part VI;
(d) freedom to construct artificial islands and other installations permitted under international
law, subject to Part VI;
1) Freedom of Navigation
The freedom of navigation has for clear reasons been a vital one for quite a while. It is
referenced in the overall Article 87, yet in addition in article 90, which declares that each state
(coastal or land-locked) has the right to sail ships flying its flag on the high seas. This freedom
applies to a wide range of vessels, be it merchant ships, ships in public service, warships or
some other kind of ship. This was acknowledged in International law as ahead of schedule as
1919 in the Versailles Treaty.[6] Practicably a vessel has the identity of the state where it is
registered. This bond conveys with it certain rights and commitments for both the vessel and
the state.
2) Freedom of Fishing
The freedom of fishing is there under Article 116[7], which says that all states have the right
for their nationals to take part in fishing on the high seas. The article promptly proceeds to
specify that this right isn’t absolute, yet is indeed confined. Note that by far most of fishing
happens inside 200 miles from the coastline, and accordingly fall outside the extent of the law
relevant to the high seas. In those districts where fishing isn’t confined, overfishing much of
the time occurs. States are under an obligation to take the imperative measures to screen and
manage the living resources of the high seas. Such measures should not separate at all
against fishers of a particular state. To achieve this states are resolved to participate. This
commitment of cooperation is extremely questionable.
For this specific freedom, Article 112[8] is the principle important provision. The freedom
additionally applies to the EEZ, as Article 58 of a similar deal shows us. Archipelagic states
need to regard existing submarine cables and pipelines in their archipelagic waters. They
likewise can’t reject works for support or substitution; however they reserve the option to be
informed of such works in advance.[9]
This freedom has been in global law for a long while. There was at that point a show on
submarine message and phone links in 1884, which just applies to the zone outside of the
territorial zone and in peacetime. International and domestic law about submarine cables and
pipelines has to a great extent been founded on this show, in light of the similarities among
pipelines and links
The freedom of overflight: is generally associated with air law and less to sea law. More
detailed rules about this were not made by sea law, out of a longing not to infringe on air law’s
domain. It was not the intention of any of the law of the sea conventions to settle matters
identified with air law
State succession
State succession refers to the merging of two or more States. It is different from government
succession in the sense that in government succession there’s a change of government
whereas in State succession the State loses control over its partial or whole territory. Art
2(1)(b) of the Vienna Convention on the succession of States in respect of treaties in 1978
defines the term State succession as ‘the replacement of one State by another in the
responsibility for the international relations of territory’.
State succession can arise in a number of defined circumstances, which mirror the ways in
which political sovereignty may be acquired. They are:
This is also referred to as Total Succession. When the entire identity of the parent State is
destroyed and the old territory takes up the identity of the successor State, it is known as
Universal Succession. This can happen in cases of:
Merger
Annexation
Subjugation
In certain cases of universal succession, the old State gets divided into multiple States. The
dissolution of Czechoslovakia is an example of universal succession. The new States of the
Czech Republic and Slovakia are both successor States.
Partial Succession
Partial Succession occurs when a part of the territory of the State gets severed from the
parent State. This severed part now becomes an independent State. This can occur when
there is a civil war or a liberalization war. There are two important examples of partial
succession.
This is the oldest theory of succession propounded by Grotius, using the Roman analogy of
succession on the death of any natural person. According to this theory, the rights and duties
of the old State i.e., the predecessor State pass on to the new State i.e., the successor State
upon succession without any exceptions and modifications.
1. First that the State and the Sovereign gain all their power from God and a mere
change in Government shouldn’t cause any change in the powers.
2. Second, it is permanent, and nothing can cause it to secede.
The application of this theory can be seen in cases of fusion in the 20th century.
The fusion of Syria and Egypt, Somali Land and Somalia, Tanganyika and
Zanzibar are examples of this. However, this theory failed to get any attention
from the majority of States from the world and has also been criticized by scholars
from the world due to its Roman law analogy, a poor distinction between
succession and internal change in governments, etc.
Popular Continuity Theory
The Popular Continuity Theory can be described as another version of the Universal
Succession theory that was propounded by Fiore and Fradier following the unification of the
German and Italian nationals. According to this theory, the State has a
Political personality: It basically refers to the rights and obligations of the State
towards the government.
Social personality: lt basically refers to the territory and the population of the
State.
Hence, upon succession, the political personality gets changed whereas the
social personality remains intact. So, a State succession would not alter the rights
and duties of the populace
According to this theory, the rights and duties of the State continue even after succession by
another State. Von Gierke had published a paper in 1882 regarding The execution of rights
and obligations of a social body after its dissolution. It was from here that Max Huber derived
his organic substitution theory. Huber drew the analogy that the problem of State succession
was similar to that of dissolution of a social institution.
This theory was propounded in 1900 by Jellinek and is another version of the universal
theory of continuity. According to Jellinek, the successor State agrees to observe the rules of
international law and performs the obligations towards other States created under them.
Although, this theory considers that the performance of the international obligation is merely
‘moral duty’ of the successor State, but at the same time it gives the right to the other States,
to insist upon the successor State to perform the existing obligation. If the successor State
refuses to accept, the other States may even withhold its recognition or make the recognition
conditional upon the acceptance of the predecessor’s commitment towards them.
Negative Theory
This theory was developed during the mid-19th and early 20th centuries. After World War II,
the jurists of the Soviet Nations started emphasizing on the right of self-determination and on
giving complete freedom to the States to maintain their international relations. According to
this theory, the successor State doesn’t absorb the personality of the predecessor State in
its political and economic interests.Upon succession, the new State is completely free of the
obligations of the predecessor State. The successor State does not exercise its jurisdiction
over the territory in virtue of a transfer of power from its predecessor but it has acquired the
Communist Theory
1. Sovereignty and Territorial Waters: Maritime states assert sovereignty over their
territorial waters as an extension of their territorial sovereignty. This means that
within these waters, the coastal state has the exclusive right to regulate and enforce
laws related to various activities, including navigation, fishing, environmental
protection, and customs control.
2. Exclusive Rights and Jurisdiction: Within their territorial waters, maritime states
have exclusive rights and jurisdiction, meaning they can enforce their laws and
regulations without interference from other states. This jurisdiction includes the right
to enforce customs and immigration laws, protect natural resources, and ensure
maritime security.
3. Innocent Passage: While maritime states have sovereignty over their territorial
waters, international law recognizes the right of foreign vessels to engage in innocent
passage through these waters. Innocent passage refers to the navigation of foreign
vessels through territorial waters in a manner that is not prejudicial to the peace,
good order, or security of the coastal state. However, certain activities, such as
military exercises or intelligence gathering, may not be considered innocent and
could be subject to restrictions by the coastal state.
4. Enforcement of Laws: Maritime states are responsible for enforcing their laws and
regulations within their territorial waters. This includes enforcing laws related to
customs, immigration, pollution control, fisheries management, and maritime safety.
States may deploy coast guard vessels, law enforcement agencies, and maritime
surveillance systems to monitor and enforce compliance with these laws.
5. Protection of Natural Resources: Territorial waters often contain valuable natural
resources, including fish stocks, oil, and gas reserves. Maritime states have the
authority to regulate and manage the exploitation of these resources within their
territorial waters, subject to international law and agreements with neighboring states.
6. International Agreements and Disputes: The jurisdiction of maritime states over
their territorial waters is subject to international law, including the United Nations
Convention on the Law of the Sea (UNCLOS). UNCLOS provides a framework for
the delimitation of maritime boundaries, the rights and responsibilities of coastal
states, and the resolution of disputes related to maritime jurisdiction. States may also
enter into bilateral or multilateral agreements to regulate specific activities or areas
within their territorial waters.
7. Maritime Security: Maritime states are responsible for ensuring the security of their
territorial waters against threats such as piracy, smuggling, terrorism, and illegal
fishing. This may involve cooperation with neighboring states, international
organizations, and maritime law enforcement agencies to patrol and monitor maritime
activities.
Overall, the jurisdiction of maritime states over their territorial waters is essential for
maintaining sovereignty, protecting natural resources, ensuring security, and regulating
maritime activities. However, this jurisdiction is not absolute and must be exercised in
accordance with international law and principles of good neighborliness.
1. North Sea Continental Shelf Cases (Federal Republic of Germany v.
Denmark/Netherlands, 1969): In this series of cases before the ICJ, the court
addressed disputes between neighboring states over the delimitation of maritime
boundaries and the extent of their jurisdiction over the continental shelf. The ICJ
emphasized the principle of equitable delimitation based on relevant factors such as
geography, geology, and economic interests, laying down principles that have since
been influential in similar disputes worldwide.
2. Fisheries Jurisdiction Cases (UK v. Iceland/Germany, 1973): These cases before
the ICJ involved disputes over fishing rights in the North Atlantic, particularly
regarding the exclusive economic zone (EEZ) and territorial waters. The court
addressed issues related to the delimitation of maritime boundaries, the rights of
coastal states to regulate fishing activities, and the principle of equitable utilization of
fisheries resources.
1. Sovereign Rights for Exploration and Exploitation: Coastal states have sovereign
rights to explore and exploit the natural resources within the seabed and subsoil of
their continental shelf. This includes resources such as oil, gas, minerals, and
sedentary organisms. These rights are exclusive to the coastal state, but they must
comply with their obligations to protect the marine environment.
2. Extent of the Continental Shelf: UNCLOS defines the continental shelf as the
seabed and subsoil of the submarine areas adjacent to the coast, extending up to
200 nautical miles (nm) from the baseline or the outer edge of the continental margin,
whichever is greater. Coastal states can extend their continental shelf beyond 200
nm if they can demonstrate that the shelf extends beyond this limit.
3. Submission to the Commission on the Limits of the Continental Shelf (CLCS):
Coastal states can make submissions to the CLCS to delineate the outer limits of
their continental shelf beyond 200 nm. This process involves providing scientific and
technical data to support their claim. The CLCS reviews these submissions and
makes recommendations to the coastal state and to the international community.
4. Regulation and Management: Coastal states have the authority to regulate and
manage activities on their continental shelf, including exploration, exploitation, and
scientific research. They can establish laws and regulations governing these
activities to ensure sustainable use and protection of marine resources.
5. Protection of the Marine Environment: Coastal states have a duty to protect and
preserve the marine environment on their continental shelf. They must take
measures to prevent pollution, minimize environmental impact from activities such as
oil and gas exploration, and conserve marine biodiversity.
6. International Cooperation and Obligations: While coastal states have exclusive
rights over their continental shelf, they also have obligations to cooperate with other
states and to promote the peaceful use and development of marine resources.
UNCLOS encourages states to enter into agreements and arrangements for the joint
development of resources in overlapping areas of the continental shelf.
Overall, the rights of coastal states on their continental shelf are based on the principles of
sovereignty, equity, and sustainable development, as outlined in UNCLOS. These rights are
subject to international law and obligations aimed at ensuring the responsible management
and protection of marine resources for the benefit of present and future generations
In practice, state succession to public debts often involves complex negotiations among the
successor state, creditors, and other relevant parties. The goal is to ensure the equitable
distribution of financial responsibilities while upholding principles of international law and
financial stability.
personal jurisdiction
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ChatGPT
Personal jurisdiction refers to a court's authority to make decisions and rulings that affect
individuals or entities involved in a legal dispute. It determines whether a court has the
power to hear a case and render a judgment over a particular defendant or respondent.
Personal jurisdiction is a fundamental concept in the legal system, as it ensures that
defendants are provided with due process and fairness in legal proceedings. Here are the
key aspects of personal jurisdiction:
Overall, personal jurisdiction is a critical aspect of the legal system, ensuring that courts
have the authority to adjudicate disputes and render judgments that are consistent with
principles of fairness and due process.
1. Sovereign Rights: Coastal states have sovereign rights within their EEZs, which
include the rights to explore and exploit natural resources, such as fish, oil, gas,
minerals, and other marine resources.
2. Resource Management: Coastal states have the authority to regulate and manage
activities within their EEZs, including fishing, seabed mining, and other economic
activities. They can establish laws and regulations to ensure the sustainable use and
conservation of marine resources.
3. Freedom of Navigation and Overflight: While coastal states have exclusive rights
over the resources within their EEZs, other states enjoy the freedoms of navigation
and overflight in the EEZ, in accordance with international law, including UNCLOS.
This means that ships and aircraft from other countries can pass through and operate
in the EEZ, subject to certain rights and obligations.
4. Environmental Protection: Coastal states have obligations to protect and preserve
the marine environment within their EEZs. They must take measures to prevent
pollution, conserve marine biodiversity, and mitigate the impact of human activities
on marine ecosystems.
5. Scientific Research: Coastal states have the right to conduct scientific research
within their EEZs and to regulate and authorize research activities by other states
and entities. This helps in the study and understanding of marine ecosystems and
resources.
6. Continental Shelf Extension: Beyond 200 nm from the baseline, coastal states may
also have rights to the continental shelf, subject to certain conditions and limitations
specified in UNCLOS. This can involve submitting scientific data to the Commission
on the Limits of the Continental Shelf (CLCS) to establish the outer limits of the
continental shelf.
Overall, the EEZ regime established by UNCLOS provides coastal states with important
rights and responsibilities to manage and benefit from the resources within their maritime
zones, while also promoting cooperation and the peaceful use of the oceans.
international deliquences
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It seems there might be a slight misunderstanding in your question. "International
delinquencies" isn't a common legal term or concept. However, I can provide information on
a related topic: international debt default or sovereign debt default.
When a country fails to meet its debt obligations to creditors, it's often referred to as a
sovereign debt default or sovereign default. This can occur due to various reasons, including
economic downturns, fiscal mismanagement, political instability, or external shocks. Here's
an overview:
1. Sovereign Debt: Sovereign debt refers to the debt obligations incurred by national
governments. These debts can be in the form of bonds, loans, or other financial
instruments issued by governments to finance their operations, infrastructure
projects, or budget deficits.
2. Default: Default occurs when a government fails to make scheduled payments of
interest or principal on its debt obligations. A sovereign default can take various
forms, including outright non-payment, restructuring of debt terms, or selective
default where payments are made to some creditors but not others.
3. Consequences of Default:
Credit Rating Downgrades: A sovereign default typically results in credit rating
downgrades for the affected country, making it more expensive for the
government to borrow in the future.
Economic Impact: Default can lead to economic instability, currency
depreciation, capital flight, and inflation, as well as decreased investor
confidence and foreign investment.
Legal Proceedings: Creditors may initiate legal actions or pursue remedies
through international arbitration or litigation to recover their debts.
Loss of Access to Financial Markets: Defaulting countries may face difficulties
accessing international capital markets, forcing them to rely on alternative
sources of financing or seek assistance from international financial
institutions.
4. Resolution and Restructuring: In many cases, defaulting countries seek to
negotiate debt restructuring agreements with their creditors to adjust the terms of
their debt obligations, such as extending maturity dates, reducing interest rates, or
writing off a portion of the debt. International organizations like the International
Monetary Fund (IMF) often play a role in facilitating debt restructuring and providing
financial assistance to countries in crisis.
5. Prevention and Mitigation: To prevent sovereign debt defaults, countries can
implement sound fiscal and monetary policies, maintain transparent and sustainable
debt management practices, and establish contingency plans for managing financial
crises. International cooperation, including debt relief initiatives and debt
sustainability frameworks, can also help mitigate the risks of default for heavily
indebted countries.
In summary, sovereign debt defaults can have significant economic, financial, and legal
implications for countries and their creditors. Effective debt management, transparency, and
cooperation are essential for preventing and addressing sovereign debt crises on an
international scale.
anglo norwegian fisheries case
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The "Anglo-Norwegian Fisheries Case" refers to a landmark legal dispute between the
United Kingdom and Norway regarding fishing rights in the North Sea. The case was brought
before the International Court of Justice (ICJ), the principal judicial organ of the United
Nations, and is officially known as the "United Kingdom v. Norway" case. Here's an
overview:
1. Background: The dispute arose in the 1950s when Norway extended its territorial
sea from 4 to 12 nautical miles, claiming exclusive fishing rights within this zone. The
United Kingdom, along with several other countries, challenged Norway's extension
of territorial waters, arguing that it infringed upon their traditional fishing grounds in
the North Sea.
2. ICJ Jurisdiction: The United Kingdom brought the case before the ICJ, seeking a
ruling on the legality of Norway's extension of its territorial sea and its impact on
fishing rights in the North Sea. Both Norway and the United Kingdom accepted the
jurisdiction of the ICJ to resolve the dispute.
3. Legal Arguments: The main legal issue at stake was whether Norway's extension of
its territorial sea was consistent with international law, particularly the customary
principle of freedom of fishing on the high seas. The United Kingdom argued that
Norway's actions unjustly restricted the traditional fishing rights of other states in the
North Sea.
4. ICJ Ruling: In its judgment issued on March 18, 1951, the ICJ ruled in favor of
Norway, affirming the legality of its extension of the territorial sea to 12 nautical miles.
The Court found that Norway had the right to assert sovereignty over its territorial
waters and to regulate fishing activities within this zone. The ICJ also emphasized
the importance of equitable solutions and peaceful coexistence among states in
resolving disputes over maritime resources.
5. Impact: The Anglo-Norwegian Fisheries Case set an important precedent regarding
the delimitation of territorial waters and the regulation of fishing rights in international
law. It affirmed the rights of coastal states to extend their territorial seas, subject to
certain limitations and obligations under international law. The case also highlighted
the significance of legal mechanisms, such as the ICJ, in resolving disputes between
states peacefully and according to established legal principles.