1. Territorial sovereignty requires a state to have territory over land or water in order to exist. Territory can be acquired through conquest, claiming unoccupied lands (terra nullius), prescription, cession, or subjugation following war.
2. The Law of the Sea (UNCLOS) establishes maritime zones of jurisdiction for coastal states, including internal waters, territorial seas, and exclusive economic zones (EEZs). Coastal states have sovereignty over internal waters and territorial seas, and sovereign rights over natural resources in their EEZs.
3. UNCLOS establishes rules for determining maritime boundaries between states using baselines, and governs the rights of states within different maritime zones, including the right of innocent passage
1. Territorial sovereignty requires a state to have territory over land or water in order to exist. Territory can be acquired through conquest, claiming unoccupied lands (terra nullius), prescription, cession, or subjugation following war.
2. The Law of the Sea (UNCLOS) establishes maritime zones of jurisdiction for coastal states, including internal waters, territorial seas, and exclusive economic zones (EEZs). Coastal states have sovereignty over internal waters and territorial seas, and sovereign rights over natural resources in their EEZs.
3. UNCLOS establishes rules for determining maritime boundaries between states using baselines, and governs the rights of states within different maritime zones, including the right of innocent passage
1. Territorial sovereignty requires a state to have territory over land or water in order to exist. Territory can be acquired through conquest, claiming unoccupied lands (terra nullius), prescription, cession, or subjugation following war.
2. The Law of the Sea (UNCLOS) establishes maritime zones of jurisdiction for coastal states, including internal waters, territorial seas, and exclusive economic zones (EEZs). Coastal states have sovereignty over internal waters and territorial seas, and sovereign rights over natural resources in their EEZs.
3. UNCLOS establishes rules for determining maritime boundaries between states using baselines, and governs the rights of states within different maritime zones, including the right of innocent passage
Territorial Sovereignty - sovereignty in relation to a portion of the surface of
the globe - Land or Water - Without territory = NO STATE - at the beginning there should be territory for a legal entity to become a State Acquisition of territory (old) - conquering Acquisition of territory (intllaw) Terra Nullius - no one's land that you claim as your own - no concept of terra nullius = western concept = lands had already been occupied by other people = classify the people who were there first - DISCOVER AND OCCUPY CASE n1 - ISLAND OF PALMAS CASE Netherlands v. USA Spain as the first that DISCOVERED - planted their flag and claimed it f or the king of Spain - did not do EFFECTIVE OCCUPATION / APPARENT AUTHORITY = contino us presence - did not transfer ownership to the US - the people did not recognize Spain as their discoverer; Dutch speakers; entered agreements under the protectorate of the Netherlands Island of Palmas awarded to the Netherlands Prescription - not of terra nullius - prescribed Cession - peaceful transfer of territory from one sovereign to another - often happens when a superpower falls and another power rises Accretion - part of an original territory breaks away and attaches to anot her territory - when new land is formed that attaches to existing land - riparian state = states near a body of river = rivers bring sediments that can deposit lands and form new ter ritory Subjugation - conquest and use of force - victor will own the land - UTI POSSIDETIS "what you have is yours" "what you possess" = emerged after the independence of South America = end of any war, whatever land you occupy is yours and claim it as your territory = undisturbed occupation of that territory Intertemporal Law - law that existing at the time of the distribution of the ter ritory is the law that applies Critical Date - date of the issue of occupation of the territory Effectivites - exercise of effective authority - doctrine of acquiesence Common heritage of mankind - RES COMMUNIS polar region, outerspace, high seas, sea beds
LAW OF THE SEA (UNCLOS)
- country that considers it as custom: USA ratified and signed: CHINA = position against the superpowers - territorial sea and reign of jurisdiction BASELINES - seaward limit - continental states as easier = normal baselines (ART 5) = low-water mark or low tide = GENERAL RULE - states with loads of islands = straight baselines (ART 7) = joining of several points around the country - BAYS - body of water; tips of the mouth and connect - ISLANDS = generate contiguous zone and EEZ; can have its own territori al waters *scarborough shoal - no EEZ and contiguous zone - can you or not live there difference from an island - archipelagic states = ART 46 = 12 nautical miles as part of the territory MAGALLONA v ERMITA - Philippine Baseline Law RA 9522 Does it reduce Philippine maritime territory under the Constitution? TERRITORIAL SEA - internal waters = 12 nautical miles inwards = absolute jurisdiction and power over internal waters right of innocent passage - right of foreign merchant ships to pass unhi ndered through the territorial sea (ART 8,17) - continuous and expeditious; stoppage is only incidental and as needed (ART 18) - freedom of navigation = transit passage = under the territory of the coastal state; raise of flag to announce th at you are only passing SEA ZONES OF SOVEREIGN RIGHTS AND JURISDICTION - Territory or not territory - Continental Shelf (Benham Rise) ART 76 = EEZ for the Philippines - 200 nautical mile area from the baseline (AR T 56 as rights of coastal State) = Territory - within 12 nautical miles and recognized as such = sovereign rights of exploring and exploiting, conserve and manage natu ral resources living or non-living = Sea bed as res communis unless assigned to a State JURISDICTION - power over anything; legal power over anything - legally bind and decide any matter given to it - matters of jurisdiction usually comes first when it comes to deciding case s = grave abuse of discretion resulting to - no omnipotent tribunal Article 287 Tribunal - interpretation of the convention ICJ - jurisdiction of territorial disputes - exhaustion of remedies compromis - common facts and disputed issues between States submitted to the ICJ China as a proponent of articles under the UNCLOS - position of power 9-dash line - inconsistent with the convention EEZ - sovereign rights over the EEZ Precautionary and preventive principles - for the environment0