LM143 PRINCIPLES OF INTERNATIONAL LAW

JUAN RUFFO D. CHONG, B.S.C. (DLSU), J.D. (AdMU),

LL.M. (NYU, NUS)
Specializations: Global Business Law and International &
Comparative Law
chong.jr@gmail.com
ASSIGNMENT SHEET NO. 6
(For: August 23, 2014, 11:30 A.M. - 2:30 P.M.)
Study and master the following concepts:
1. Jurisdiction
Jurisdiction is the authority exercised by a state over
persons and things within or outside its territory, subject
to certain exceptions.
1.1 Personal Jurisdiction
Personal jurisdiction is the power exercisable by a
state over its nationals. It is based on the theory that a
national is entitled to the protection of his state wherever
he may be and is therefore bound to it by a duty of
obedience and allegiance. This duty follows him even when
he is outside the territory of his state.
1.2 Territorial Jurisdiction
It is the authority of a state, based on its sovereignty
and the right of domain, which it exercises over persons
and property within its boundaries.
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Generally speaking, we may say that the authority of a
state is co-extensive with its territory, that is, it extends
over its terrestrial domain, its maritime and fluvial domain,
and its aerial domain. However, there are several
significant exceptions to this principle.
1.3 Land Jurisdiction
This jurisdiction is exclusive in the sense that no act
or process can take effect within the land domain without
the consent of the territorial sovereign. If, for example, a
fugitive from a foreign state is arrested here by its own
law enforcement authorities without our permission, the
Philippines will have a right to protest against this breach
of our territorial integrity.

1.4 Maritime and Fluvial Jurisdiction

The sovereignty of a State extends beyond its land
territory and internal waters to a belt of the sea adjacent
to its coast. This belt is known as the territorial sea. The
territorial sea comprises the waters in the marginal belt
adjacent to the land area or the coast, and includes
generally the bays, gulfs and straits which do not have the
character of historic waters i.e. waters that are legally
deemed part of the internal waters of a State.
The distinction between internal waters and the
territorial sea is important because in the territorial sea a
foreign State can claim for its ships a certain right of
passage, known as the right of innocent passage, whereas
in the internal waters of a State no such right exists.
1.4.1 The Contiguous Zone
This refers to the waters beyond the territorial
sea but not in excess of twelve miles from the coast*
over which the coastal state exercises a protective
jurisdiction to prevent and punish infringements of its
customs, fiscal, immigration or statutory regulations
(Convention oin the Territorial Sea and the Contiguous
Zone, supra).
1.4.2 The Continental Shelf
The coastal state has the sovereign right to
explore the continental shelf and may erect on it such
installations and equipment as may be necessary for
the exploitation of the natural resources therein. This
right does not affect the nature of the superjacent
waters as open seas and their use as such by other
states should not be impaired or disturbed.
Immediately above the installations, however, the
coastal state may establish on the open sea a safety
zone with a radius of 500 meters over which it may
exercise jurisdiction. (Convention on the Continental
Shelf, supra).
1.4.3 The Patrimonial Sea
It is that expanse of sea extending two hundred
nautical miles from the coast or baselines of the state
over which it asserts exclusive jurisdiction and
ownership over all living and non-living resources
found therein.
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1.4.4 The Open Sea

Article 1 of the Geneva Convention on the High
Seas defines the high seas as all parts of the sea that
are not included in the territorial sea or in the internal
waters of a State.
The high seas are subject to six freedoms: (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.
The first four of the above freedoms were
mentioned in the 1958 Convention of the High Seas
and the last two were added by the 1982 LOS. But
these two are subject to some restrictions.
1.5 Aerial Jurisdiction
The consensus is that the subjacent state has
jurisdiction over the air space above it to the upward limits
of the atmosphere. Hence, no foreign aircraft, civil or
military, may pass through the aerial domain of a state
without its consent. (Convention on the International Civil
Aviation signed at Chicago, December 7, 1944).
1.5.1 Five (5) Air Freedoms
(1) The freedom to fly across foreign territory without
landing.
(2) The freedom to land for non-traffic purposes.
(3) The freedom to put down traffic originating in the
state of the aircraft.
(4) The freedom to embark traffic destined for the
state of the aircraft.
(5) The freedom to embark traffic destined for, or to
put down traffic coming from, a third state.
1.6 Outer Space
Like the open sea, outer space, or the region beyond
the earths atmosphere, is not subject to the jurisdiction of
any state. Outer space and other celestial bodies are not
susceptible of national appropriation. However, astronauts
and their satellites and equipment, while in outer space,
remain under the jurisdiction of the state that sent them.
(Treaty on Principles Governing Activities of States in the
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Exploration and Use of Outer Space, Including the Moon

and Other Celestial Bodies, 1968).
1.7 Other Territories
1.7.1 The Deep Seabed
These are areas of the sea-bed and the ocean
floor, and their subsoil, which lie beyond any national
jurisdiction[.] These are the common heritage of
mankind and may not be appropriated by any state or
person. Activities in the area are governed by Articles
135 to 153 of the 1982 Convention.
1.7.2 Polar Regions
With respect to the Polar region, i.e., the Artic
and Antartica, some States claim sovereignty under
the so-called sector principle. Under the doctrine, a
country whose territory reaches into the Artic or
Antartic circle can lay claim to all territory lying within
a region delimited by drawing lines from the
easternmost and westernmost extremities of the
country (as the base line) up to the North or South
Pole, as the case may be. Essentially, the claim is
based on some kind of contiguity and continuity. The
sector theory has not met with common acceptance,
although it seems to be gaining ground.
Guide Questions (You should be able to answer the following
without looking at your notes during recitation):
1. What is jurisdiction?
2. What are the kinds of jurisdiction?
3. What is personal jurisdiction?
4. What is territorial jurisdiction?
5. How would you describe the jurisdiction of a State over its
land domain?
6. What is the contiguous zone?
7. Does a State exercise any jurisdiction over the continental
shelf?
8. What is the patrimonial sea or economic zone?
9. What is the
9. What is the extent of a States jurisdiction over the aerial
domain?
10. What are the five (5) air freedoms?
11. Is outer space subject to the jurisdiction of any state?
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Read the following cases (digests and/or originals): (1) The

Lotus Case (France v. Turkey) 1927 P.C.I.J. (Ser. A) No. 10;
and (2) Trail Smelter Arbitration (U.S. v. Canada) [1938,
1941] RIAA iii
References: Bernas, Joaquin G. An Introduction to Public
International Law. Manila: Rex Book Store, 2002.
Cruz, Isagani A. International Law Reviewer. Quezon
City: Central Lawbook Publishing Co., Inc., 1993.
Salonga, Jovito R. and Pedro L. Yap. Public International
Law. Manila, 1992.
Notes: A) Each student should be ready with some
international news and determine why it is relevant to
our class.
B) Dazzle the professor with your brilliance during class.

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