IS304 Review 6-9

Review 6-9 §

(F) Day of the week: Monday Class: IS304 Created Time: February 15, 2021 2:44 PM Database: Class Notes Database Date: February 15, 2021 2:44 PM Days Till Date: Passed Last Edited Time: June 9, 2021 10:38 AM

PIL Review

I. Key terms

Define the following key terms in a concise manner.

1. Baseline:

   The starting location for establishing maritime zone that separates internal waters from external waters

2. Internal water:

   Internal waters: is water behind the baseline. Such as lakes, rivers, and other bodies of water inside the mainland.

   under complete sovereignty of coastal state.

3. Territorial water: the start of the External Water Zone

   Territorial sea: states can claim territorial waters extends no more than 12 nautical miles (22km) from the baseline. (A3)

   • Rights: full sovereign fishing, natural resources, control of pollution
   • Can setup laws that applies in it, can punish
   • Foreign ships can pass through innocent passage (permission)

4. Exclusive economic zone:

   Exclusive Economic Zone (EEZ): 200 nautical miles (360km) from baseline

   • Rights: full sovereignty to owner state for
     • fishing
     • natural resources
     • control of pollution
   • Foreign crafts: freedom of navigation over flight freedom (permission)
     • Lay submarine cables and pipelines with permission from coastal state

5.  Innocent passage: ­­­­­­­­­­­­­­ concept in the law of the sea that allows for a vessel to pass through the archipelagic and territorial waters of another state, subject to certain restrictions.

6.  Immunity:  a principle of international law that is often relied on by states to claim that the particular court or tribunal does not have jurisdiction over it

7.  State immunity: the protection which a state is given from being sued in the courts of other states; the rules relate to legal proceedings in the courts of another state, not in a state’s own courts

1. Diplomatic immunity:

   Diplomatic Immunity: of foreign diplomatic personnel and property from court proceedings

   • representatives of states performs official functions without risks of getting arrested
   • immune from criminal and civil processes

2. Consular immunity:

   consular officers: work to issue visas and solving problems overseas

   Immunities

   • Arrest: prohibit arrest of consular officers
     • exception: for grave crimes and under court order, immunity may be revoked by sending state
   • Jurisdiction: in performing their office functions are not subject to judicial jurisdiction

3. Self-defense:

   self-defense: (customary IL) use force to protect themselves after an attack

   🇺🇳 “States have inherent right of individual or collective defense if an armed attack occurs.” $\bullet$ Force can only be used when an attack already happened

   Recognized:

   • Individual self-defense
   • Collective Self-defense (NATO)

4. Negotiation: Direct face to face discussion to find common solution to problems.

   • first step to reach agreement (simplest method)
   • One of the most effective method, not all the times

   Ex: Cambodia and Thailand met multiple times to find solution but failed.

5. Mediation: Settle the dispute using a third party (mediator) selected in agreement by the 2 conflicting parties.

Mediator

• Coordinate/facilitate discussion/meeting between two party
• Propose solution/recommendations for problem
  • Proposal isn’t binding, and is up to parties to use

Ex: Cambodia and Thailand seek Indonesia as mediator, didn’t work.

13. Arbitration: A technique outside the court system.

Conflicting parties refer case to arbitrator(s) appointed by both parties.

Arbitrator: a state, organization, institution, group of people

• Make decisions based on law
• Decisions are legally binding

Parties must agree to accept arbitration by entering an agreement

• to choose arbitrator
• identify issue(s) to be decided by the selected arbitrator
• set rules of procedures: process of arbitration
• set timelines and deadlines

II. Short-answer questions

Answer the following questions based on what you have learned in class.

1. Differentiate between normal baselines and straight baselines.

• Normal baseline: from the low water line along the coast
  • Used when the coastline is smooth
• Straight baseline: from one point to the other in a straight line from one island to the other.
  • Used when the coastline is indented/cut-into

2. In what situations is innocent passage not allowed?

Innocent Passage is not allowed in International Seabed Area as this is considered as mankind’s heritage and is also not allowed in High-Sea as this area is belonged to every states for full sovereign of resource extraction.

Innocent passage is prohibited for

• ships passing through war zones
• trespassing ship
• illegal ships with intension of propaganda

3. What is the purpose of the International Seabed Authority created by the UNCLOS?

Resources at the bottom of the ocean called the international sea-bed area is managed by International Seabed Authority.

• Share benefits: equitable sharing even to poorer states

4. In what occasion can a state exercise the use of force?

• The use of force is the last resort (if peaceful means doesn’t work or isn’t optional)
• used in order to pursue a legitimate aim, such as self-defence, effecting a lawful arrest, preventing the escape of a person lawfully detained, or quelling a riot.

4. Differentiate between quasi-judicial method and judicial method.

Differences

5. What are the peaceful methods of international dispute settlement? Explain each one briefly.

6. Non-judicial methods: settlement of dispute outside the court system: less formal for conflicting parties to talk and stop violence.

   • Negotiation
   • Enquiry
   • Mediation
   • Conciliation

7. Quasi-judicial method: both judicial and non-judicial

   • Arbitration: arbitrator agreed upon by conflicting parties to make legally binding decision based on law.

8. Judicial Method: send the case to international court

   • Adjudication: set process by court system with legally binding decision.