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