PIL FINALS RECITS 1

What is territory?

The fixed portion on the surface of the earth on which the State settles and over which it has supreme authority

What are the 4 components of territory of a state?

terrestrial, fluvial, maritime, and aerial domains

What is territory according to Oppenheim?

boundaries that demarcate a State's territory and separate it from:

(1) the territory of other States
(2) territory that is not yet owned by any State, and (3) the high seas

Owning a territory can be seen as a proof of what?

a proof of sovereignty and interpreted as an assertion of independence

What is correlative duty?

the corresponding duty to respect the rights of other States to exercise their sovereignty over their own territory

this duty can also be extended to respect the rights of foreign States and their nationals while within a State's territory

Recite 1987 Ph. Consti. Sec. 1, Art. 1

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of the terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between and connecting the islands of the archipelago, regardless of their breadth or dimensions, form part of the internal waters of the Philippines.

What is the archipelagic doctrine?

A legal concept that considers an archipelago, or a group of islands, as a single unit for the purpose of international law, particularly the Law of the Sea.

This means the waters around, between, and connecting the islands are considered internal waters of the archipelagic state, under its exclusive sovereignty

Enumerate the 5 modes of acquisition

(1) discovery and occupation
(2) prescription
(3) cession (by treaty)
(4) conquest
(5) accretion

Explain this mode of acquisition:

Discovery and occupation

Considered as an "original" mode of acquisition as it involves territory not belonging to any State, or terra nullius is placed under the sovereignty of the claiming State

What does “terra nullius” translate to?

Nobody’s land

According to the “Discovery and occupation” mode of acquisition:

"Discovery," alone, merely creates an (1)_____ right; it must be followed within a reasonable time by effective (2)_____ and (3)_____

(1) inchoate
(2) occupation
(3) administration

Explain how the Kalayaan Islands became part of the Ph. territory

It was discovered between 1947-1956 by Tomas Cloma

Cloma ceded his rights to the Philippine Government

Ph. claimed the territory via PD 1596. It became part of the province of Palawan. UN later recognized this claim.

Which territories are not available for acquisition by any state?

(1) high seas (Art. 87, 1982 UNCLOS)
(2) celestial bodies in outer space (Art. 2, 1967 Space Treaty)

“Prescription“ is a mode of acquisition where a state may claim a territory upon meeting 3 requirements which are?

(1) Territory may be acquired through continuous and uninterrupted possession over a long period of time, akin to civil law.
(2) It must also have peacefully exercise sovereign authority over the territory in an open and public manner
(3) The preexisting sovereign authority must have effectively abandoned its claim over the subject territory

What is the Grotius doctrine of immemorial prescription?

It speaks of uninterrupted possession going beyond memory

(As there is no established length of time needed for territorial acquisition through prescription)

Explain this mode of acquisition:

Cession (by treaty)

Cession may be voluntary, through a treaty of sale

Cession may also be involuntary or forced

Explain this mode of acquisition:

Conquest

Followed by "annexation"

It is the use of the armed forces of a state to attack the territory of another state for the purpose of occupation or invasion

• no longer recognized as it violates the UN charter and Stimson Doctrine

Explain this mode of acquisition:

Accretion

The increase in the land area of the State, either through natural means, or artificially, through human labor

Distinguish Accretion from Avulsion

• Accretion involves the gradual shift through natural means of the land area,

• Avulsion refers to a sudden and dramatic shift

• Accretion may result in a shift in boundaries while avulsion may not

Explain the principle of “Uti Possidetis Juris”

translation: “as you possess under law”

Provides that newly formed sovereign States should have the same borders as those of the State preceding them (ex: a former colony gains independence)

Explain Unilateral Secession

IL does not recognize this right

It involves a portion of a state's territory and population unilaterally declaring independence and establishing a new sovereign state, often without consent from the parent state

How does UNCLOS define internal waters?

All waters on the landward side of the baselines of the territorial sea

What are the 3 types of rivers?

(1) national
(2) boundary: which divides the territories of States
(3) international: which flows through various States

Explain the Thalweg and Middle of the Bridge Doctrines

(1) Thalweg: For boundary rivers, in the absence of an agreement between the riparian States, the boundary line is laid on the middle of the main navigable channel

(2) Middle of the Bridge: Where there is a bridge over a boundary river, the boundary line is the middle or center of the bridge

Definition of a bay:

The area must be as large or larger than a semi-circle whose diameter is a line drawn across the mouth of such indentation, or if the mouth is less than ___ miles wide

24

What are straits?

Narrow passageways connecting two bodies of water. If the distance between the two opposite coasts is not more than six miles, they are considered internal waters

What are canals?

A human-made waterway that allows boats and ships to pass from one body of water to another

Distinguish Rivers from Lakes

Rivers are flowing bodies of water that typically empty into a sea or ocean

Lakes are large, still bodies of water surrounded by land

Explain what external waters is and what it consists of

All waters extending towards the sea from the baselines

It includes the territorial sea, the contiguous zone, the exclusive economic zone, the continental shelf, and other maritime zones which are afforded a State but do not qualify as internal waters

What is air territory or aerial domain?

The air space above the land and waters of the State

What does the International Convention on Civil Aviation or Chicago Convention say about the aerial domain of states?

The contracting parties recognize that every State has complete and exclusive sovereignty over the air space above its territory (land, internal waters, territorial sea)";

but this shall not include outer space, which is considered as res communes

Other States have no right of innocent passage over the air territory of another State

The Chicago Convention only applies to whom?

To civil aircraft and not State aircraft

Any aircraft used in military, customs, and police services shall be considered as being a State aircraft

What does the Chicago Convention say on the nationality of aircrafts?

An aircraft carries the nationality of the State where it is registered

An aircraft can change its place of registration to another State but cannot be registered in more than one State

Explain the provisions on “Power to Refuse” according to the Chicago Convention

Each contracting State shall have the right to refuse permission to the aircraft of other contracting States to take on in its territory passengers, mail, and cargo carried for remuneration or hire, and destined for another point within its territory

Explain the provisions on “Power to Search” according to the Chicago Convention

The appropriate authorities of each of the contracting States shall have the right, without unreasonable delay,

(1) to search aircraft of the other contracting States on landing or departure, and

(2) to inspect the certificates and other documents prescribed in the Chicago Convention

According to the Chicago Convention, the aircrafts of contracting states who are engaged in international navigation must carry these documents

(1) certificate of registration
(2) certificate of airworthiness
(3) appropriate licenses for each member of the crew
(3) journey logbook
(4) aircraft radio station license, if the aircraft is equipped with a radio apparatus
(5) a list of names and places of embarkation and destination, in the event that the aircraft is carrying any passengers
(6) a manifest and detailed declaration of all its cargo, in the event that the aircraft is carrying cargoes

Explain the provision on “Aircraft in Distress” according to the Chicago Convention

Each contracting State has the duty to provide such measures of assistance to aircraft in distress in its territory as it may find practicable

A contracting State may likewise permit, subject to control by its own authorities, the owner of the aircraft or authorities of the State in which the aircraft is registered to provide assistance to the aircraft in distress

Explain the provision on “Drones” according to the Chicago Convention

Although nowhere in the Chicago Convention are drones stated, Article 8 nevertheless make reference to aircraft capable of being flown without a pilot

Under the Chicago Convention, no such aircraft capable of being flown without a pilot shall be flown without a pilot over the territory of a contracting State without special authorization

Enumerate the 5 Freedoms (of Air Transportation for Scheduled International Services)

(1) To fly across the territory without landing
(2) land for non-traffic purposes
(3) land to put down passenger, mail, cargo of flag territory
(4) land to take passenger, mail and cargo of flag territory
(5) to put down passenger, mail, and cargo from these territories

Explain the provision on “Valid Interception” according to the 1981 resolution of International Civil Aviation Organization

Intrusions into the air space by civilian aircraft may be intercepted, but in no case shall the interception be attended with the use of weapons

Military aircraft may, however, be shot down

Which rules govern outer space?

The rules governing the high seas apply also to outer space, which is considered as res communes

Under customary international law, what rights do states have in outer space?

States have the right to launch satellites in orbit over the territorial air space of other States

Explain the provision on “Outer Space” according to the Outer Space Treaty of 1967

Outer space is free for exploration and use by all States; it cannot be annexed by any State; and it may be used exclusively for peaceful purposes

Nuclear weapons of mass destruction may not be placed in orbit around the earth

Explain the provisions stated in the 1972 Convention on International Liability for Damaged Caused by Space Objects

States which launch objects into space may be held liable for the harmful contamination caused by such objects, or for the damage which may be caused by falling objects

Enumerate the 3 theories on where outer space begins

(1) Lowest altitude for artificial earth satellites to orbit without being destroyed by friction (90 kms above earth)
(2) Theoretical limits of air flights (84 kms)
(3) The functional approach: The rules shall not depend on the boundaries set, but on the nature of the activity undertaken