The Legal Regime of Airspace Outlines - Admission/Application Essay Example

International Law How can you ify territory/spaces according to their legal regime? The world ocean is divided into: Maritime areas, which are an integral part of a coastal state’s sovereignty (internal and territorial waters); areas out of a state’s coastal territory, but under its jurisdiction (contiguous zone, economic zone, continental shelf); and areas out of jurisdiction and sovereignty (high seas). The legal regime of airspace outlines that airspace is divided into national and International airspace. National airspace is airspace confined within the national boundaries of a state (within its sovereignty). National airspace is divided into military and civil airspace. The legal regime of outer space defines that outer space cannot be appropriated nationally. There are no clear boundaries limiting various state activities in outer space. The legal regime of classifying land requires proof of territorial possession in order to declare a nation as being sovereign over that land. Possession can be through; occupation, prescription, discovery, cessation etc. 2. What is included in the concept of “State territory”? The concept of state territory includes political independence and sovereignty – the exclusive right of a state to exercise supreme political authority over its territory, be it land, maritime or airspace, and the people within that territory. The limit of territorial sea is the distance into the waters that is conventionally recognized as being part of a sovereign state. It extends 12 nautical miles from the baseline of a coastal state. Horizontally, the airspace of a country is limited by its national and territorial sea boundaries. Vertically, there are no defined limits as to the territorial sovereignty of airspace as per the Chicago and Paris conventions. 3. How do states establish their boundaries Boundaries are established by way of delimitation and demarcation. Delimitation involves choosing a site location, and the words with which the site will be defined. Demarcation refers to the ground survey, allocation, and administration of boundaries through boundary markers on the landscape. To avoid territorial conflicts, the demarcation and delimitation procedures should be complimentary. Preparation for delimitation is done through treaties and conventions; this might happen years before demarcation. On the contrary, territorial allocation may take place before boundaries are delimited. Demarcation and delimitation are physically conducted by engineers and surveyors who mark the ground with straight lines, thus defining boundaries. Stone monuments and metal pipes were also used to demarcate boundaries during the World Wars. 4. What is the status of the map annexed to the boundary treaty? The status of the map annexed in the boundary treaty is that of quasi treaty status; a map that has been annexed as part of a treaty between relevant states serves as the determinative evidence of the location of a boundary. The maps annexed in a treaty are binding to parties involved; in a land territorial dispute between Eritrea and Ethiopia, the survey and topographical maps mentioned in the treaty were deemed to possess the same legal force as the treaty itself. In case there was an error in the map, the fact that the disputing nation accepts the map as the delineating element of a boundary, then the map’s acceptance becomes binding like the treaty itself. This was the case between Thailand and Cambodia in 1908, where Thailand had previously accepted the map as a delineating element of the frontier thereby, they were estopped from denying the 1904 Boundary Treaty. 5. Do boundary treaties have any special status in international law Boundary treaties possess the special status of lex specialis by reference to the relevant general principles and customary law. The maxim lex specialis derogate legi generali is a technique employed in international law to resolve conflict. It suggests that in case of a dispute between two or more norms, priority should be given to the norm that depicts more specificity. The function of lex specialis is to update, clarify, modify, apply or set aside general law. Boundary treaties do not expire, unless a limit is provided during the conventions or unless amended through another convention. Treaties between colonial powers usually follow the principle of equality as compared to treaties between capital importing and capital exporting nations. This means that both parties share equal risk in gaining or losing from the agreement. 6. What is Quasi-territory of a state? The quasi territory of a state is the area within which, the state exercises its authority over aircraft, space craft and ships flying the flag of the parent state. Within this territory, the state has authority over the craft and ships and all the personnel including foreigners. Examples of quasi states include Northern Cyprus in the territory of the Republic of Cyprus, Somaliland in Somali. The quasi territorial jurisdiction is exercised by the parent states in case of crisis, air traffic control, or hijacking of the crafts and ship flying the state’s flag in this detached quasi states that usually lack international recognition. 7. What Maritime Spaces do you know? What are their legal regime? Maritime spaces include; Maritime areas, which are an integral part of a coastal state’s territory within the limits of its sovereignty (internal and territorial waters). Territorial waters extend up to 12 nautical miles from the coastal baseline of a coastal state. Internal waters refer to waters on the landward side of the baseline. They are within the jurisdiction of the state. Areas which are not part of a state’s coastal territory, but are under its jurisdiction (contiguous zone, economic zone, continental shelf). This are waters that adjoin the territorial waters of a coastal state; they should not exceed 24 nautical miles from the baseline of the coastal state. Areas out of jurisdiction and sovereignty (high seas). High seas are areas within which states have neither sovereign authority, nor control of airspace above these waters. 8. What are the means of Acquisition of territory Occupation This is the establishment of sovereignty of a state over a previously unoccupied territory. The acquisition becomes final when effective control can be proved. Prescription It occurs when one state establishes itself in a territory which is under the sovereign jurisdiction of another state. It is validated when the state proves sovereignty over a long period of time, where de facto sovereignty is exercised peacefully and publicly. Cession This refers to the transfer of sovereignty from one state to another. It occurs after an agreement is reached between a ceding and acquiring state. Conquest and Annexation Conquest refers to the military acquisition of territory by defeating an opponent in combat. Annexation is the expansion of a state’s sovereignty due to the inclusion of another state into its territorial jurisdiction. According to traditional international law conquest did not guarantee title unless it was annexed. 9. What is effective Control Effective control is the active and continuous exercise of sovereignty by a state over a newly discovered territory in a public and peaceful manner. An example is the case of Mexico and France over Clipperton Island. Effective control is required by the International Court of Justice especially when conducting operations in another state’s territory. However, effective control is not exercised during coups and secessions. 10. Which Principles have priority: of Geographical Contiguity, of historical continuity or of self-determination? The principle of historical continuity carries takes priority when determining the right to title of a given territory because people have a historical and cultural connection to a specific territory e.g. the dispute between the Jews and Palestine; the Jews were forcefully evicted out of Palestine, therefore, they possess the right to further their unit in Palestine. The principle of self-determination requires that nations be given the right to autonomy (a right to exercise freedom and authority over its territory). An example is the dispute between Nicaragua and the United States, where the International Court of Justice determined that the U.S was interfering with the sovereignty of Nicaragua. Nicaragua had the right to self-determine their territory. Geographical contiguity cannot be used to allocate territory, however, it can be used to support other evidence like that of historical continuity. An example is the status of Gibraltar, which is being claimed by Spain. 11. What problems are related to self-determination through referendum? Self-determination through referendum is faced with the problem of legality, the question of who is allowed to vote in referendums of this nature. The truth is that modern states are not for separatist movements. They prefer the old Westphalian sovereignty of states, which explains why the European Union are not supporting the move for Crimea to join Russia through a fare referendum. 12. Are conquest (subjugation) and annexation legitimate ways of acquiring territory? Conquest and annexation are no longer legitimate ways of acquisition. It is outlawed by article 2 of the Charter of the United Nations. The victors in a conquest, however, have the right of belligerent occupation; but this does not constitute sovereignty over the conquered territory, unless there existed a legal dispute in relation to the status of the territory prior to the conquest. Annexation can occur in this case, either through international recognition or treaty of cession. An example of modern annexation is Iraq’s annexation of Kuwait (1990) and Israel’s annexation of Eastern Jerusalem and the Golan Heights. 13. If the state boarder follows the river and this river changes its flow, how would it affect the boarder? In the case where a boarder follows the course of a river, the general rule for accretion (gradual loss or addition of land) is that, a slight and gradual diversion in the course of the river will result in a slight adjustment in the boundary. On the contrary, in the case of avulsion (sudden, violent, excessive and rapid loss or addition of land), the original boundary will remain unchanged i.e. it will follow the original riverbed. Accretion (acquisition of land due to slight and gradual change in the course of a river) is allowed for by International Law, however, avulsion is not. 14. What is the Status of Antarctic During the late 19th Century and early 20th Century, seven states claimed sovereignty over Antarctica; Argentina, Chile, France, New Zealand, Norway, Australia and United Kingdom. The United States refused to recognize the claims of the others, and in 1959, an agreement was reached, titled “the Antarctic Treaty”. The agreement was reached by twelve states, the original seven, plus five other states (Japan, Belgium, South Africa, The U.S and USSR) whose scientists had been conducting research in Antarctica. This treaty stipulates that the parties to the treaty have no solitary right to Antarctica, and that no new claims would be made. Antarctica shall, therefore, be used for peaceful purposes and scientific research by the parties to the Treaty. All non-party states recognize this treaty as customary Law. 15. What are the problems related to the status of the Arctic Under the provision of International Law, no country has the legal title to the North Pole (Arctic region). There are several disputes between the five nations that surround the arctic (Canada, Norway, Russia, USA and Denmark); all nations claim that certain parts of the arctic constitute ‘internal’ or ‘national waters’ (territorial seas). There is also the motion that the exclusive economic zone should be extended. The United States has not ratified the United States Convention on the Law of the Sea, which validates claims for an extended continental shelf. The Northwest Passage presents another dispute as to whether all sections in the passage constitutes international seaways, and if not, the dispute shifts to the rights of passage in these waters. The legal norms applicable are peremptory norms (jus corgen) e.g. prohibition of the use of force and prohibition of derogation. It is more prudent for the five claimants to negotiate a treaty agreement where all parties seek to benefit. Work Cited OBrien, John. International law. Great Britain: Routledge, 2001. Print. Prescott, J. R. V., and Gillian D. Triggs. International frontiers and boundaries: law, politics and geography. Leiden: Martinus Nijhoff;, 2008. Print. Read More