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• States


  Entities that have rights and responsibilities under international law and which have the capacity to maintain their rights by bringing international claims
• Nationality


  A legal bond having as its basis a social fact of attachment, a genuine connection of existence, interests, and sentiments, together with the existence of reciprocal rights and duties
• Refugee


  A person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his/her nationality
• Elements of a state

  • Permanent population
  • Defined territory
  • Government
  • Capacity to enter into relations with other states
• Ways states are created

  • Discovery and occupation
  • Prescription
  • Cession
  • Accretion
  • Conquest
• Discovery and Occupation


  A territory belonging to any state is placed under the sovereignty of the claiming state
• Prescription


  A territory is acquired through continuous and uninterrupted possession over a long period of time
• Cession


  Peaceful transfer of territory from one sovereign to another, with the intention that sovereignty should pass
• Accretion


  Increase in land area of the state, either though natural means, or artificially through human labor
• Conquest


  The act of defeating an opponent and occupying all or parts of the territory does not of itself constitute a basis of title to the land
• State recognition


  An act by which a state acknowledges the existence of another state, government, or belligerent community and indicates its willingness to deal with the entity as such under the rules of international law
• State recognition is a political act and mainly a matter of policy on the part of each state
• Principle of state continuity


  Once the identity of a state as an international person has been fixed and its position in the international community established, the state continues to be the same corporate person whatever changes may take place
• Landmark Doctrines in State Recognition

  • Wilson/Tobar Doctrine
  • Betancourt Doctrine
  • Lauterpacht Doctrine
  • Stimson Doctrine
• Rights of the States

  • Right to independence
  • Right to equality
  • Right to existence and self-defense
  • Right to territorial integrity and jurisdiction
  • Right to legation
• Statelessness


  The status of having no nationality as a consequence of being born without any nationality or as a result of deprivation or loss of nationality
• Damnum absque injuria (loss or damage without injury)


  Any wrong or injury suffered by a stateless person through the act or omission of a state would be
• Principle of non-refoulement


  In addition to not returning the refugee to his/her state, he/she must not be sent to a third state if his/her life or freedom would there be threatened on account of his/her race, religion, nationality
• Salient rights of refugees

  • Non-discrimination
  • Wage earning employment
  • Free access to courts
  • Duty of non-refoulement of states
  • Self-employment
  • Housing freedom of religion
• Law of the Sea

  A body of international rules that binds states and other subjects of international law in their maritime affairs
• Baseline


  The line from which the outer limits of marine spaces under the national jurisdiction of the coastal states are measured
• Archipelagic state


  A state constituted wholly by one or more archipelagos and may include other islands
• Archipelago


  Group of islands, including parts of islands, interconnecting waters and other natural features from an intrinsic geographical, economic, and political entity or which historically have been regarded as such
• Principles on the Law of the Sea


  • Principle of freedom
  • Principle of sovereignty
  • Principle of the common heritage of mankind
• The Law of the Sea has been codified into

  • The Hague Conference for the Codification of International Law
  • UNCLOS I
  • UNCLOS II
  • UNCLOS III
• • Normal baseline
  • Straight baseline
  • Closing lines across river mouths and bays
  • Archipelagic baselineNormal baseline
  • Straight baseline
  • Closing lines across river mouths and bays
  • Archipelagic baselines Types of baselines
  • Archipelagic baselineNormal baseline
  • Straight baseline
  • Closing lines across river mouths and bays
  • Archipelagic baselineTypes of baselines
  • Normal baselineTypes of baselinesnes
  • Straight baselineTypes of baseliness
  • Closing lines across river mouths and baysTypes of baselines
• 2 kinds of Archipelago

  • Coastal
  • Outlying or mid-ocean
• Archipelagic sea lanes passage


  The exercise in accordance with UNCLOS III of the rights of navigation and overflight in the normal mode solely for the purpose of continuous
• Territorial sea


  A marine space under the territorial sovereignty of the coastal state up to a limit
• Right of innocent passage


  The right of foreign merchant ships to pass unhindered through the sea of a coast
• Exclusive Economic Zone (EEZ)


  An area beyond and adjacent to the territorial sea, not extending beyond 200 nautical miles from the baselines of the territorial sea
• Continental shelf of a coastal shelf state


  Comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin
• Freedoms of the High seas

  • Navigation
  • Overflight
  • Lay submarine cables and pipelines
  • Conduct of scientific research
  • Construction of artificial islands
  • Other installations allowed by international law and fishing (UNCLOS III)
• International Tribunal for the Law of the Sea (ITLOS)

  The UNCLOS created ITLOS, which consists of 21 judges elected by the member states with a system in place to ensure geographic balance
• States


  Entities that have rights and responsibilities under international law and which have the capacity to maintain their rights by bringing international claims
• Nationality


  A legal bond having as its basis a social fact of attachment, a genuine connection of existence, interests, and sentiments, together with the existence of reciprocal rights and duties
• Refugee


  A person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his/her nationality
• Elements of a state

  • Permanent population
  • Defined territory
  • Government
  • Capacity to enter into relations with other states
• Ways states are created

  • Discovery and occupation
  • Prescription
  • Cession
  • Accretion
  • Conquest
• Discovery and Occupation


  A territory belonging to any state is placed under the sovereignty of the claiming state