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    Public International Law

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    Kenneth Peter Molave
    The document discusses the right of innocent passage of foreign ships through territorial waters according to international law. It also discusses definitions of maritime regions like archipelagic sea lanes and features' entitlements to maritime zones. Additionally, it covers theories of state origin and the doctrine of operative fact regarding void laws.

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    Public International Law

    Uploaded by

    Kenneth Peter Molave
    25 views2 pages
    The document discusses the right of innocent passage of foreign ships through territorial waters according to international law. It also discusses definitions of maritime regions like archipelagic sea lanes and features' entitlements to maritime zones. Additionally, it covers theories of state origin and the doctrine of operative fact regarding void laws.

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    Public International Law

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    The document discusses the right of innocent passage of foreign ships through territorial waters according to international law. It also discusses definitions of maritime regions like archipelagic sea lanes and features' entitlements to maritime zones. Additionally, it covers theories of state origin and the doctrine of operative fact regarding void laws.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    25 views2 pages

    Public International Law

    Uploaded by

    Kenneth Peter Molave
    The document discusses the right of innocent passage of foreign ships through territorial waters according to international law. It also discusses definitions of maritime regions like archipelagic sea lanes and features' entitlements to maritime zones. Additionally, it covers theories of state origin and the doctrine of operative fact regarding void laws.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Right to innocent passage

    - Under Article 19 of the UNCLOS III it is defined “Passage is innocent so long as


    it is not prejudicial to the peace, good order or security of the coastal State."
    Such passage shall take place in conformity with this Convention and with other
    rules of international law. The right of innocent passage of foreign ships through
    the territorial waters of a coastal state is one of the oldest and most universally
    recognized rules of public international law.
    Air route
    - Air route" refers to the navigable airspace between two points and the terrain
    beneath such airspace identified, to the extent necessary, for application of flight
    rules. (Civil Aviation Authority Act of 2009)
    Maritime Regions
    - Maritime Security Regimes are codes and conventions of behavior agreed
    upon by coastal states to provide a degree of security within territorial waters and
    on the high seas.
    - Nicaragua vs Columbia (2012, ICJ) – the ICJ considered the definition in
    international law of islands and associated maritime features, their
    entitlements to maritime zones, and the impact of these features upon maritime
    boundary delimitation between two states with joint claims over a maritime
    area A low-tide elevation creates no territorial sea, exclusive economic zone
    (EEZ), or continental shelf, and cannot be claimed as territory in its own right. It is
    legally part of the seabed and its only real effect on the maritime regime is that, if
    it lies within the 12 nautical mile territorial sea of another feature, it can be
    considered the baseline from which that rock or island’s entitlements are
    measured.
    - A rock, which is distinguished from an island by not being able to sustain
    independent human habitation or economic life, generates a territorial sea but no
    EEZ or continental shelf.
    - A low-tide elevation cannot be made into a rock or island—the relevant article of
    the UN Convention on the Law of the Sea is explicit that the latter two must
    be “naturally formed” above water at high-tide. And while no court has yet ruled
    on the matter, there is broad consensus among legal experts that a rock cannot
    be made into an island. What matters is the original status of the feature, not
    what it is made into.

    Divine Right Theory – holds that the state is of divine creation and the ruler is ordained
    by God to govern the people
    - Necessity or force theory – maintains that states must have been created
    through force
    - Paternalistic theory – attributes the origin of states to the enlargement of the
    family
    - Social Contract theory – asserts that the early states must have been formed by
    deliberate and voluntary compact among people to form a government of their
    own
    Doctrine of operative fact
    - An exception to the general rule (that a void law or administrative act cannot be
    the source of legal rights or duties), such that a judicial declaration of invalidity
    may not necessarily obliterate all the effects and consequences of a void act
    prior to such declaration.

    Sea lane passage


    - Archipelagic sea lane passage refers to the exercise in accordance with the 1982
    UNCLOS of the rights of navigation and overflight in the normal mode solely for
    the purpose of continuous, expeditious and unobstructed transit between one
    part of the high sea or an exclusive economic zone (EEZ) and another part of the
    high sea or an EEZ.

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