国际法Chapter 6.ppt

CHAPTER 6STATE JURISDICTION 6.1 STATE JURISDICTION OVER TERRITORY 6.1.1 FOUR LEGAL REGIMES IN RELATION TO TERRITORY A. Sovereignty (extends to sub-surface and air space up to space). B. Res communis C. Res nullius D. “Common Heritage of Mankind” 6.1.2 JURISDICTION OVER LAND A. Traditionally territory could be acquired in a number of ways, some of which are no longer relevant under modern rules of international law: 1. Occupation 2. Cession 3. Prescription 4. Conquest 5. Accretion B. In case of a dispute over a portion of territory, State must demonstrate not only acquisition of territorial sovereignty but also “actual display of State activities.” C. “Display of sovereignty” involves weighing the claims of states involved, i.e. whoever can put forward the strongest claim backed by evidence. Territory Claims over Islands of South China Sea 6.1.3 JURISDICTION OVER MARINE ZONES Territorial Sea (12 n. miles from baseline) A. Distinction between territorial sea and internal waters. B. Drawing baselines Contiguous Zone (12 miles from territorial water) Normal Baselineand Straight Baseline Boundaries of Territorial Sea Exclusive Economic Zone (EEZ) (200 miles from baseline) A. UNCLOS provisions can now be said to reflect customary international law, i.e. customary law that crystallized from treaty - historically motivated by access to fisheries B Definition and breadth 1. Specific legal regime beyond territorial sea [55] 2. Overlaps with contiguous zone [55] 3. Not extending beyond 200 n.m. from baseline [57] C. Rights, jurisdiction and duties of coastal state 1. Limited sovereign rights, mainly over natural resources [56(1)(a)] 2. Regulatory powers of coastal state in EEZ a. Artificial islands [60] b. Conservation of living resources [61] c. Utilization of living resources [62] D. Rights and duties of other states Continental Shelf A. Customary law B. Definition C. Legal regime of continental shelf D. R