territorial sovereinty

8/9/2019 Territorial Sovereinty

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Lease

A Sovereign state may lease its territory to

another sovereign state on certain

conditions; Ex: in 1898 China leased Hong Kong to

Great Britain for period of 99 years; Great

Britain handed over Hong Kong to china in

1997


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Pledge

A sovereign state may pledge its territory

by way of security;

Ex: in 1768, the Republic of Geneopledged the Island of Corsica to France


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Plebiscite

Consent of the people expression of will

by direct vote of a whole community on a

public issue, especially one concerningchange of government or Constitution

Ex: Soviet Russia was split into 15

separate states by means of plebiscite;

East Germany and West Germany were

united by plebiscite;


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Purchase

A Sovereign state may sell some of its

territories to another country;

Ex:Soviet Russia sold Alaska to US in 1868

Britain purchased Louisiana from France


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Acquiescence, Recognition &

Estoppel Acquiescence failure to protest

Granting of recognition stops the claimant fromclaming the title ;

Extoppel rule of evidence, when party makes astatement of fact and another party takes someaction in reliance on that statement, the courtswill not allow the first party to deny the truth of

his statement if the party who acted in relianceon the statement would suffer some detriment inthe event of the statement being proved to befalse


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Modes of Loss of Territory

Cession

Subjugation

Operation of nature

Prescription

Abandonment

Revolt

Granting independence to a Colony byimperialist state

Purchase


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Airspace Law


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The Chicago Convention, 1944

Recognized exclusive sovereignty of al, States over theirairspace;

Two types of aircrafts

(1) Civil aircraft for civil aviation only i.e travelingpassengers;

(2)State aircraft used in military, customs and policeservices

Art.6 provided that civil aircraft need not require nay

permission from the host state but the State aircraftshould get prior permission to land in host state;

52 States participated;

Failed to reach agreement on granting reciprocal rights;


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Supplementary Agreements

Chicago International Air Services Traffic

Agreement, 1944

Chicago International Air TransportAgreement, 1944


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Chicago International Air Services Traffic

Agreement, 1944

( Two Freedoms Agreement)

Refers to transit rights of states;

(1) the privilege of flying across its

territories without landing; (2) the privilege of landing for non-traffic

purposes ( refueling, maintenance etc)


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Chicago International Air Transport

Agreement, 1944

(Five Freedoms Agreement) (1) the privilege of flying across its territories without landing;

(2) the privilege of landing for non-traffic purposes ( refueling, maintenanceetc)

(3) privilege of putting down passengers, mail & cargo

taken on in the territory of the sates whose nationalitythe aircraft possess;

(4) privilege of putting taking passengers, mail & cargodestined for the territory of the sates whose nationalitythe aircraft possess;

(5) privilege of taking on passengers , mail and cargodestined for the territory of nay other contracting stateand the privilege to put down passengers., mail andcargo coming from any such territory


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International Civil Aviation Organization

(ICAO) Created in Chicago conference;

UN specialized agency based in Canada,which concentrates upon technical andadministrative cooperation between statesin the field of civil aviation;

Aims and objectives are to develop the

principles and techniques of internationalnavigation and to foster the planning anddevelopment of international air transport;


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Unauthorized aerial intrusion and

the drowning of Civilian airliners States adhere to the principle of respect

for territorial sovereignty & unauthorized

over flight would justify interception and a

demand to land ( ICJ in Nicaragua v US)


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Israeli Jets Shot down a Libyan

airliner In 1973, Libyan airliner strayed into Israeli-

occupied Sinai region & was shot down;

Israel contended that airliner was warnedto land but refused to comply;

After investigation ICAO, Israeli's action

was condemned & declared that such

actions constitute a serious danger against

the the safety of international civil aviation


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Soviet jets shot down Korean

Airplane On 1st Sep 1983 Korean airplane strayed

several hindered miles into sensitive Sovietairspace and was shot down causing the deaths

of 269 persons; USSR vetoed a draft Security Council resolution

which reaffirmed the rules of international lawprohibiting acts of violence against the safety ofinternational civil aviation;

In 1984 , an amendment was made to Art.3 ofChicago Convention


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Art.3(a) bis Chicago Convention

The contracting states recognize thatevery state must refrain from resorting tothe use ofweapons against the civil

aircraft in flight and that in case ofinterception, the lives of persons on boardand the safety of aircraft must not beendangered. This provision shall not be

interpreted as modifying in any way therights and obligations of states set forth inthe Charter of UN.


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Lissitzyn Doctrine

in its efforts to control the movements of

intruding aircraft the territorial sovereign

must not expose the aircraft and its

occupants to unnecessary or

unreasonably great danger- that is, in

relation to the reasonably apprehended

harmfulness of the intrusion..


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Lissitzyn Doctrine

It implies that a state must not attack an

intruding aircraft unless it has reason to

suspect that the aircraft constitutes a real

threat to its security;

It also implies that a warning to land or

change course should be given before the

aircraft is attacked;


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Iran-Iraq war (1980-88)

US warship, Vincennes in an engagement with

Iranian gunboats in the Persian Gulf, believing it

was being attacked from the air, shot down

Iranian Air Flight, killing 290 passengers from 6countries & crew members;

US offered ex gratia payment but Iran refused;

Matter was settled by ICJ with higher

compensation

territorial sovereinty

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