Copyright (c) Arie Afriansyah 2015 States & Territory in International Law 1

Copyright (c) Arie Afriansyah 2015 States Article 1 Montevideo Convention1933 stipulates: “The state as a person of international law should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with the other states.” This rule has been recognised as International Customary Law States’ territories consists of: - Land - Waters - Air 2

Craig Forcese Public International Law University of Ottawa Faculty of Law 1. Permanent Population: Number: No maximum or minimum number Permanence: Constant human presence

Craig Forcese Public International Law 2. Defined Territory: Size: No maximum or minimum size Generally requires occupation and control

Craig Forcese Public International Law 3. Government: No requirement for a particular form of government Must be some effective control of territory Emergence of Finland in post-WWI: strict rule Post-colonialism: requirement may be weaker in the post-WWII era

Craig Forcese Public International Law University of Ottawa Faculty of Law 4. Capacity to enter into foreign relations (independence): Must have competence under own constitutional system to enter into foreign relations States do not cease to exist where delegate some authority to a supranational entity

Craig Forcese Public International Law Recognition of States: 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.” Simple definition: a formal acknowledgment by another state that an entity possesses the qualifications for statehood

Craig Forcese Public International Law Persistence of the State: State Continuity Once a state exists, it is difficult for it to disappear (e.g., Somalia) Doctrine of state continuity: a state continues to exist irrespective of changes in government, until extinguished by absorption by another state or by dissolution States persist even when governed by an illegitimate government, and that government can bind the state

Craig Forcese Public International Law University of Ottawa Faculty of Law Changes in the State: State Succession State succession deals with the emergence of new states: what are the legal obligations of these new states? Bound by customary international law Treaties are more complicated: One state merges into another, surviving state’s duties persist A state acquires a piece of territory, the state’s obligations extend to this new territory

Examples of states succession Republic of China – People’s Republic of China USSR – Russian Federation Socialist Federal Republic of Yugoslavia - Federal Republic of Yugoslavia (Serbia Montenegro) Serbia Montenegro - Serbia Copyright (c) Arie Afriansyah

Copyright (c) Arie Afriansyah 2015 State’s Land Territory 11 Before 1945After 1945 OccupationCessie PrescriptionIndependence AnnexationSelf-Determination Accretion Cessie

To be Continued... Copyright (c) Arie Afriansyah

Copyright (c) Arie Afriansyah 2015 States’ Waters 13

Copyright (c) Arie Afriansyah 2015 UNCLOS 1982 Signed in Montego Bay, Jamaica on 30 April It has 167 member states. It contains ways to delimit maritime borders (baselines) and maritime zones with their respective powers and jurisdictions. 14

Baselines Important to delimit coastal states’ maritime zones and boundary. It is measure from the low tide elevation of states’ coastline. Three types of baselines: –Normal baselines –Straight baselines –Archipelagic baselines Copyright (c) Arie Afriansyah

Normal baseline Copyright (c) Arie Afriansyah

Straight baseline Copyright (c) Arie Afriansyah

Archipelagic baseline Copyright (c) Arie Afriansyah Baseline point: “THE OUTERMOST POINT OF THE OUTERMOST ISLAND”

Indonesia’s Archipelagic baseline Copyright (c) Arie Afriansyah

Maritime Zones Internal Waters Territorial Waters (International) Strait Contiguous Zone Economic Exclusive Zone Continental Shelf High Seas (International Waters) Area Copyright (c) Arie Afriansyah

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Copyright (c) Arie Afriansyah 2015 Internal Waters Inward waters of the baseline. Exclusive & Full sovereignty. no right of innocent passage). 22

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Copyright (c) Arie Afriansyah 2015 Territorial Waters Seaward waters of the baseline, up to maximum of 12 nautical miles (nm) from the baseline. Full sovereignty. Article 3 of UNCLOS has been recognised as cutomary international law. right of innocent passage (suspendable). 24

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Copyright (c) Arie Afriansyah 2015 Contiguous Zone A maritime zone adjacent to the territorial sea that may not extend beyond 24 nm from the baselines from which the breadth of the territorial sea is measured. Within the contiguous zone the coastal state may exercise the control necessary to prevent and punish infringement of its customs, fiscal, immigration, or sanitary laws and regulations within its territory or territorial sea. Right of hot pursuit (article 111 UNCLOS). 26

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Copyright (c) Arie Afriansyah 2015 Economic Exclusive Zone The EEZ extends no more than 200 nm from the territorial sea baseline and is adjacent to the 12 nm of the territorial sea. Sovereign rights for the purpose of exploring, exploiting, conserving and managing natural resources, whether living and nonliving, of the seabed and subsoil and the superjacent waters and with regard to other activities for the economic exploitation and exploration of the zone. 28

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Copyright (c) Arie Afriansyah 2015 Continental Shelf The continental shelf of a coastal State comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nm from the baselines from which the breadth of the territorial sea is measured. May be extended up to 350 nm. The coastal State exercises over the continental shelf sovereign rights for the purpose of exploring it and exploiting its natural resources. 30

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Copyright (c) Arie Afriansyah 2015 (International) Strait 1.Straits used for international navigation through the territorial sea between one part of the high seas or an EEZ and another part of the high seas or an EEZ are subject to the legal regime of transit passage. 2.The regime of innocent passage applies in straits used for international navigation: a.that connect a part of high seas or an exclusive economic zone with the territorial sea of coastal nation and b.in straits formed by an island of a state bordering the strait and its mainland if there exists seaward of the island a route through the high seas or through an EEZ of similar convenience with respect to navigational and hydrographical characteristics. c.There may be no suspension of innocent passage through such straits. 32

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Copyright (c) Arie Afriansyah 2015 High Seas (International Waters) all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. No national jurisdiction. res communis (common heritage of mankind) Freedoms of high seas: navigation; overflight; to lay submarine cables and pipelines; to construct artificial islands and other installations permitted under international law; fishing; and scientific research. 34

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Copyright (c) Arie Afriansyah 2015 Area / Seabed "Area" means the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction. common heritage of mankind. All rights in the resources of the Area are vested in mankind as a whole, on whose behalf the Authority (International Seabed Authority) shall act. 36

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Copyright (c) Arie Afriansyah 2015 Air Territory 38

Paris Convention 1919 The High Contracting Parties recognise that every Power has complete and exclusive sovereignty over the air space above its territory. For the purpose of the present Convention, the territory of a State shall be understood as including the national territory, both that of the mother country and of the colonies, and the territorial waters adjacent thereto. Article 1 Copyright (c) Arie Afriansyah

Chicago Convention 1944 The contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory (Art 1). The territory of a State shall be deemed to be the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection or mandate of such State (Art 2). Copyright (c) Arie Afriansyah

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