Beruflich Dokumente
Kultur Dokumente
Faculty of Law
Part II:
Subjects of International Law
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
University of Ottawa
Faculty of Law
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Complex definition:
the free act by which one or more States
acknowledge the existence on a definite territory of a
human society politically organized, independent of
any other existing State, and capable of observing the
obligations of international law, and by which they
manifest therefore their intention to consider it a
member of the international Community.
Craig
Forcese
Simple definition:
University of Ottawa
Faculty of Law
3231A
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
Tinoco Case
Mobutus government in
Zaire?
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Reparations Case
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
Article 1:
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
assistance to the UN
General Assembly
Membership: All members
of the UN (Art. 9); one
country one vote (Art. 18)
Powers:
Appointment Role:
e.g. non-permanent
members of the
Security Council,
members of the
Economic and Social
Council (Art. 18);
along with Security
Council, ICJ judges
(Art. 4 of ICJ Stat.)
Financial
Role:
Approve
overall
budget (Art.
17)
Discussion &
Recommendation:
may discuss any questions or
any matters within the scope of
the present Charter and make
recommendations on same (Art.
10)
Caveat 1: may
discuss but not
recommend on a
situation being
considered by
Security Council
(Art. 12)
Caveat 2:
recommendations
are not binding on
member states
(Art. 10)
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
Legal relevance:
University of Ottawa
Faculty of Law
3231A
Legal relevance:
Craig
Forcese
Security Council
Membership: 15
members, 5 of whom are
permanent (Art. 23)
Powers:
Council Resolutions
binding under Art. 25
Appointment
Role: e.g.
along with
General
Assembly, ICJ
judges (Art. 4
of ICJ Stat.)
Use of Force
(Art. 42)
Chapter VI:
investigate
disputes and
make
recommendations
to resolve them
Economic
Sanctions
(Art. 41)
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
Under treaties
Under treaties
Compulsory
jurisdiction
States allow automatic jurisdiction in instance
where the other party also accepts the courts
compulsory jurisdiction and where the matter
concerns: (a) the interpretation of a treaty;
(b) any question of international law; (c) the
existence of any fact which, if established,
would constitute a breach of an international
obligation; (d) the nature or extent of the
reparation to be made for the breach of an
international obligation.
Special
agreement
conferring
jurisdiction
(compromis)
Under treaties
3. The Government of Canada also reserves the right at any time, by means
of a notification addressed to the Secretary-General of the United
Nations, and with effect as from the moment of such notification, either
to add to, amend or withdraw any of the foregoing reservations, or any
that may hereafter be added.
Compulsory
jurisdiction
Special
agreement
conferring
jurisdiction
(compromis)
Under treaties
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
Northern Sea
Platia
Terra Nullius Island
(Platian Colony as of
1865)
Misty
Channel
Socran
Sea of
Aristan
Lake Critius
Alexendra
Aristan
Continent of Gondwanaland
Key Stats:
Aristan
Population:
Ethnic groups:
Government type:
Legal system:
Suffrage:
Executive branch:
Legislative branch:
Judicial branch:
International organization
participation:
GDP:
GDP - real growth rate:
GDP - per capita:
GDP - composition by
sector:
Natural resources:
Budget:
Industries:
Key Stats:
Platia
Population:
Judicial branch:
International organization
participation:
GDP:
GDP - real growth rate:
GDP - per capita:
GDP - composition by
sector:
Budget:
Industries:
Military expenditures dollar figure:
University of Ottawa
Faculty of Law
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Accretion
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Accretion
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Accretion
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
Northern Sea
Platia
Terra Nullius Island
Smiegelville
Misty
Channel
Socran
Sea of
Aristan
Lake Critius
Alexendra
Aristan
Smiegel Rex
B. Smolden
S. Alinizi
Ambassador of the
Republic of Aristan
Ambassador of the
Duchy of Platia
Circa 1920
Platia
Aristan
University of Ottawa
Faculty of Law
3231A
1. Defining Self-Determination:
2. Sources of Self-Determination
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
B. Non-self-governing status
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
4. Consequences of Self-Government:
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
Portugal claimed that the Timorese right to selfdetermination was a right erga omnes
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
Circa 1960
Platia
Looks like a classic case of
colonialism: Terra Nullius would
be a strong candidate for selfdetermination
Aristan
Circa 1962
Republic of Moreland
Utopiville
Platia
Aristan
Circa 1963
Moreland
Utopiville
Self-Proclaimed
Atlean Republic
Platia
Not a strong candidate for selfdetermination: part of a selfgoverning republic
Aristan
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Determining baselines
Craig
Forcese
Moreland
Platia
Moreland
Rough comparison of
territorial sea with and
without straight
baselines
Platia
Platia
Platia
University of Ottawa
Faculty of Law
Craig
Forcese
Madagascar
University of Ottawa
Faculty of Law
Craig
Forcese
Burma
Colombia
Moreland
Platia
Right of innocent
passage through
territorial sea:
Internal
Waters
Port
Misty
Territorial
Sea
Straight
baseline for
24 miles of
oversized bay
(Art. 10)
Platia
Jurisdiction of coastal
state over foreign ship
while in Territorial Sea:
Internal
Waters
Port
Misty
Territorial
Sea
Platia
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
Example:
The Turkish Straits
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
Eritrea v. Yemen
Contiguous Zone:
Another 12 miles out (24
miles from baseline)
Coastal State Powers:
in the contiguous zone,
the coastal State may
exercise the control
necessary to:
(a) prevent
infringement of its
customs, fiscal,
immigration or sanitary
laws within its territory
or territorial sea;
(b) punish infringement
of the above laws
committed within its
territory or territorial
sea
Moreland
Internal Waters: State has
full sovereign authority
Territorial Sea: State has full
sovereign authority subject to
rights of innocent passage
Contiguous Zone: Certain
limited right to protect
territorial sea.
Platia
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
Moreland
Internal Waters: State has
full sovereign authority
Territorial Sea: State has full
sovereign authority subject to
rights of innocent passage
Contiguous Zone: Certain
limited right to protect
territorial sea.
EEZ: right to exclusive
exploitation of all living or
non-living resources in the
waters, seabed and the
subsoil
Platia
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
Continental Shelf:
max. 350 miles or 100
miles from the 2,500
metre isobath
Moreland
Platia
Various Sorts of
Ocean:
Moreland
Internal Waters: State has
full sovereign authority
Territorial Sea: State has full
sovereign authority subject to
rights of innocent passage
Contiguous Zone: Certain
limited right to protect
territorial sea.
EEZ: Exclusive rights to
resources
Platia
University of Ottawa
Faculty of Law
Potential
overlap of
EEZ
Craig
Forcese
3231A
University of Ottawa
Faculty of Law
3231A
It is a fundamental norm of
international law that a
maritime boundary be in
conformity with equitable
principles, having regard to all
relevant circumstances, in
order to achieve an equitable
result
Craig
Forcese
Moreland
Utopiville
Misty
Channel
High Seas
Territorial Sea
Platia
Sea of
Aristan
Dorado
Banks
Barren Is. (Disputed)
Aristan
Summary:
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Flags of Convenience
e.g. Liberia
e.g. Vanuatu
e.g. Panama
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Flags of Convenience
Article 292:
Where the authorities of a State Party have
detained a vessel flying the flag of another
State Party and it is alleged that the
detaining State has not complied with the
provisions of this Convention for the prompt
release the question of release from
detention may be submitted to any court or
tribunal agreed upon by the parties
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
Craig
Forcese
University of Ottawa
Faculty of Law
3231A
US
Canada
Craig
Forcese
Russia
University of Ottawa
Faculty of Law
3231A
US
Craig
Forcese