Chapter 8 Internal Waters – are all waters landwards
Territory: Law of the Sea from the baseline of the territory. It is not
Importance of the seas:
1. They are a medium of communication
2. They contain vast natural resources
Territorial Sea – is a belt of sea outwards from
the baseline and up to 12 nautical miles
beyond.
GR: If the application of the 12 mile rule to
neighboring littoral states would result to in
overlapping, the dividing line is a median line
equidistant from the opposite baseline.
Exception: Historic title or other special
circumstances require a different
measurement.
Baseline – is the low-water line along the coast
as marked on large scale charts officially
recognized by the coastal State
Two ways of drawing the baseline:
Normal Baseline – is one drawn following the
low-water line along the coast as marked on
large-scale charts officially recognized by the
State. This line follows the curvatures of the
coast and therefore would normally not consist
of straight lines.
Straight Baseline – drawn connecting selected
points on the coast without appreciable
departure from the general shape of the coast.
Sovereignty over Territorial Sea
It is subject to the right of innocent passage by
the other states. The rule on innocent passage
applies to ships and aircraft. Submarines,
moreover must surface.
Innocent passage – is passage that is not
prejudicial to the peace, good order or security
of the coastal state.
Coastal states, have the unilateral right to verify
the innocent character of passage, and it may
take the necessary steps to prevent passage
that it determines to be not innocent.
subject to the right of innocent passage.
Contiguous zone – is an area of water not
exceeding 24 nautical miles from the baseline.
The coastal state exercises authority necessary
to:
 Prevent infringement of its customs,
fiscal, immigration or sanitary laws and
regulations within its territory or
territorial sea;
 Punish infringement of the above laws
and regulations committed within its
territory or territorial sea.
Exclusive economic zone or patrimonial sea –
an area extending not more than 200 nautical
miles beyond the baseline.
Two primary obligation of the coastal states
 They must ensure through proper
conservation and management measures
that the living resources of the EEZ are not
subjected to over-exploitation.
 They must promote the objective of
“optimum utilization” of the living
resources.
Continental (Archipelagic) Shelf – refers to:
 The seabed and subsoil of the submarine
areas adjacent to the coastal state but
outside the territorial sea, to a depth of
two hundred meters, or, beyond that
limit, to where the depth allows
exploitation; and
 The seabed and subsoil of areas adjacent
to islands.
The Deep Seabed: “Common Heritage of
Mankind”
These are areas of the seabed and the ocean
floor, and their subsoil, which lie beyond any
national jurisdiction.
Islands – an island is a naturally formed area of
land, surrounded by water, which is above
water at high tide.
The High Seas – all parts of the sea that are not
included in the territorial sea or in internal
water of a State.
Six Freedoms in the High Seas
1. Freedom of navigation;
2. Freedom of overflight;
3. freedom of fishing;
4. freedom to lay submarine cables and
pipelines;
5. freedom to construct artificial islands and
structures; and
6. freedom of scientific research
Hot Pursuit – Hot pursuit of a foreign vessel is
allowed where there is good reason to believe
that the ship has violated laws or regulations of
a coastal state. It may be carried out only by
warships or military aircraft, or any other ship
or aircraft properly marked for that purpose.
Chapter 9
Jurisdiction of States
Jurisdiction - means the authority to affect
legal interest.
Corresponding to the powers of the
government jurisdiction can be:
1. Legislative Jurisdiction – jurisdiction to
prescribe norms of conduct
2. Executive Jurisdiction – jurisdiction to
enforce the norms prescribed
3. Judicial Jurisdiction – jurisdiction to
adjudicate
Five principles in acquiring jurisdiction:
1. The territoriality principle;
2. The nationality principle;
3. The protective principle;
4. The universality principle; and
5. The passive personality principle.
Territoriality Principle - A state has absolute,
but not exclusive, power to prescribe,
adjudicate and enforce rules for conduct that
occurs within its territory.
To have jurisdiction, occupation is not enough;
control must also be established.
Effects Doctrine – A state also has jurisdiction
over acts occurring outside its territory but
having effects within it.
Two principles of effects doctrine
1. Subjective Territorial Principle – a state
has jurisdiction to prosecute and punish
for crime commenced within the state but
completed and consummated abroad.
2. Objective Territorial Principle – a state
has jurisdiction to prosecute and punish
crime commenced without the state but
consummated within its territory.
Nationality Principle – every state has
jurisdiction over its nationals even when those
nationals are outside the state.
As to Corporations – a state has jurisdiction
over corporations organized under its laws.
For maritime vessels – a state has jurisdiction
over vessels flying its flag.
stateless person – are those who do not have a
nationality.
De jure stateless – are those who have lost
their nationality, if they had one, and had not
acquired a new one.
De facto stateless – those who have a
nationality but to whom protection is denied by
their states. (refugees)
Protective Principle – a state may exercise
jurisdiction over conduct outside its territory
that threatens its security, as long as that
conduct is generally recognized as criminal by
the states in the international community.
Universality Principle – recognizes that certain
activities, universally dangerous to states and
their subjects, require authority in all
community members to punish such acts
wherever they may occur, even absent al ink
between the state and the parties or the acts in
question.
Crimes covered by the Universality Principle
 Piracy;
 Genocide;
 Crimes against humanity;
 War crimes;
 Air craft piracy; and
 Terrorism
Passive Personality Principle – asserts that
states may apply law – particularly criminal law
– to an act committed outside its territory by a
person not its national where the victim of the
act was its national.
Conflict of Jurisdiction
Since there are various accepted principles for
assuming jurisdiction, more than one state may
have a valid claim to jurisdiction.
3 modes of resolving conflict of Jurisdiction
1. The balancing Test – The court should
employ a tripartite analysis to determine
whether to assume jurisdiction or not.
a) was there an actual or intended effect on
the State
b) is the effect sufficiently large to present
a cognizable injury to the plaintiff
c) are the interest of, and link to, the state
sufficiently strong
2. International comity – Even when a state
has basis for exercising jurisdiction, it will
refrain from doing so if its exercise will be
unreasonable.
Factors Affecting Reasonableness
 the link of the activity to the territory of
the regulating state
 the connection between the regulating
state and the person principally
responsible for the activity to be regulated
 the character of the activity to be
regulated
 the existence of justified expectations
that might be protected or hurt be the
regulation
 the likelihood of conflict with regulation
by another state
3. Forum non conveniens – if in the whole
circumstances of the case it be discovered
that there is a real unfairness to one of the
suitors in permitting the choice of a forum
which his not the natural or proper forum,
either on the ground of convenience of trial
or the residence or the domicile of the
partiesor of itsbeing the locus contractus,
or locus solutionis.
Extradition – is the surrender of an individual
by the state within whose territory he is found
to the state whose laws he is alleged to have
committed a crime or to have been convicted
of a crime.
Principles Governing Extradition
1. No state is obliged to extradite unless
there is a treaty;
2. Differences in legal system can be an
obstacle to interpretation of what the
crime is;
3. Religious and political offenses are not
extraditable.
Chapter 10
Immunity from Jurisdiction
GR: The jurisdiction of a state within its
territory is complete and absolute.
Exceptions:
1. Sovereign immunity (covering both the
head of the state and the state itself); and
2. Immunity of the representative of states
or diplomatic and consular immunities.
Diplomats – are concerned with the political
relations of the states.
Consuls – are not concerned with political
matters. They attend rather to administrative
and economic issues such as the issuance of
visas.
Acts of the State Doctrine – Every sovereign
state is bound to respect the independence of
every other sovereign state, and the courts of
one country will not sit in judgment on the acts
of the government of another, done within its
own territory. Redress of grievances by reason
of such acts must be obtained through the
means open to be availed of by sovereign
powers as between themselves.
Chapter 11
State Responsibility
Protection of Aliens – state have a common
interest in the protection of aliens.
GR: No state is obliged to admit aliens into its
territory unless there is a treaty requiring it.
Standards for the protection of Aliens
1. Doctrine of national treatment or
equality of treatment – Aliens are treated
in the same manner as nationals of the
state where they reside.
2. Minimum international standard –
however harsh the municipal laws might
be against a state’s own citizens, aliens
should be protected by certain minimum
standards of humane protection.
Doctrine of state responsibility – when an
injury has been inflicted, there is need to
determine whether the state can be held
responsible for it.
If a state violates a customary rule of
international law or a treaty obligation, it
commits an internationally wrongful act.
Elements of an Internationally Wrongful Act
1. Subjective element – the act must be
attributable to the State
2. Objective Element – constitute a violation
of international obligation.
Acts which can be attributed to the state
 Acts of state organs
 The acts of other persons
 Acts of revolutionaries
Chapter 13
Peaceful Settlement of International Disputes
International Disputes – a disagreement on
appoint of law or fact, a conflict of legal views
or interest between two persons.
Examples of a Dispute:
 Disagrements over the interpretation of
a treaty
 Disagreement about a state boundaries
 Disagreement about state responsibility
Peaceful methods of settling disputes
Non-judicial or diplomatic methods
 Negotiation – for a negotiation
settlement to be legally binding, the
parties must agree to it.
 Mediation – involves assistance by third
parties who either act as bridge between
parties, who do not meet, or who may sit
with the disputants to chair meetings,
suggest solutions, cajole, etc.
 Inquiry – is fact-finding done by a
designated group of individuals or an
institution.
 Conciliations – is a more formal technique
whereby the parties agree to refer
controversies to an individual, a group of
individuals or an institution to make
finding of fact and recommendations.
Quasi-judicial method
 Arbitration – the binding settlement of a
dispute on the basis of law by a non-
permanent body designated by the
parties.
Judicial Method: The International Court of  Reprisals – denotes any kind of forcible or
Justice (ICJ) coercive measures whereby one state
Cardinal Rule in International Courts – states seeks to exercise a deterrent effect or
cannot be compelled to submit disputes to obtain redress or satisfaction, directly or
international adjudication unless they have indirectly, for the consequences of the
consented to it either before a dispute has illegal act of another state which has
arisen or thereafter. refused to make amends for such illegal
acts.
2 types of jurisdiction of the ICJ  Embargo – seizure of vessels
1. Contentious Jurisdiction – the court has  Boycott – suspension of trade or business
jurisdiction only when a case is referred to relations with the natinals of an offending
it by the parties. state
2. Advisory Jurisdiction – the court may give  Non-intercourse – consists of suspension
an advisory opinion on any legal question of all commercial intercourse with a state.
at the request of whatever body may be  Pacific Blockade – a naval operation
authorized by the UN to make such carried out in time of peace whereby a
request. state prevents access to or exit from
Chapter 14 particular ports or portions of the coast of
The Use of Force Short of War another state for the purpose of
compelling the latter to yield to demands
All Members of the UN shall refrain in their made by the blockading state.
international relations from the threat or use of
force against the territorial integrity or political
independence of any state, or in any other
manner inconsistent with the Purpose of the
UN.
GR: International law recognizes the autonomy
of individual states and their right to freedom
from coercion and to the integrity of their
territory.
The threat of Force – also prohibited
Ultimatum – the state is given a time limit
within which to accept the demands made
upon it and is told that, if it rejects the
demands, war will be declared on it or certain
coercive measures will be taken.
Right to self-defense - Exception to the general
prohibition of the use of force
Traditionally Allowable Coercive Measures
 Severance of diplomatic relations
 Retorsion – any of the forms of counter-
measures in response to an unfriendly act.