Public
International Law.
Definitions of
Terms and Concepts
State.
An
entity that possesses the following: (Nation is an ethnic Concept)
(1) Population;
(2) Territory;
(3) Government; and
(4) Sovereignty.
(External and Internal)
International
Law. Also
known as the law
of nations,
it is the body of accepted rules and principles which regulate the
conduct of States and other international persons as they interact in
the world community.
Domestic
or Municipal Law. Laws
unilaterally enacted by a State in its sovereign capacity, regardless
of its designation, and generally effective within its territory.
Monism.
International
law and domestic law are one and the same, but subject to a
hierarchy, with international law as binding in good faith and cannot
be derogated by reason of domestic law.
Dualism.
International
law and domestic law are distinct and separate, and supreme in its
own sphere of operation.
Family
of States. A
worldwide community composed of States, and these States possess
rights and obligations.
International
Personality. The
capacity to assume rights and duties under international law.
Recognition.
An
act by which another State acknowledges that the political entity
recognized possesses attributes of statehood.
Constitutive
Recognition. It
is the act of recognition
which creates or constitutes the status
of a State as a subject of law and thus gives it legal personality.
Declaratory
Recognition. Recognition
merely
confirms the acceptance
by States of the status of an entity as a State.
Right of
Self-determination. Every
State has an inalienable
right to choose its political, economic, social and cultural systems,
without interference in any form by another State.
This denies the right of any State to intervene, directly or
indirectly, in the internal or external affairs of any other State or
to use political, economic or any other type of measure in order to
secure advantages of any kind from another State or to subordinate
the exercise of the latter's sovereign rights.
Diplomacy.
The
art, science and practice of conducting negotiations between States.
Comity.
Those
acts, usages, and rules of goodwill, etiquette and courteous
treatment that are due from one State to another, and which are based
upon mutual self-respect.
Conflict
of Laws. Also
known as Private International Law. Defined as that body of legal
rules which are to be applied to a conflict between two systems of
law in the decision of cases having contact with more than one
territory. It involves a choice of law to be applied in case a
foreign element is involved.
International
Relations. Official
intercourse which is maintained by States through their foreign
offices or ministries.
Transnational
Law. The
whole complex of rules, international and quasi-international,
municipal and quasi-municipal, which govern transactions, whether
governmental or private, which transcend political or jurisdictional
frontiers.
Sources
of International Law.
(1) International
conventions,
whether general or particular, establishing rules expressly
recognized by the contesting States;
(2) International
custom,
as evidence of a general practice accepted by law;
(3)
The general
principles of law
recognized by civilized nations;
(4) Judicial
decisions and the teachings of the most highly qualified publicists
of the various nations, as subsidiary means for the determination of
rules of law.
Customary
International Law. A
usage or practice observed by a number of States for a considerable
period of time, consistent with prevailing international law and
commanding the general acquiescence of other States.
Elements
of CIL:
(1) State
practice; and (2)
opinio
juris
opinio
juris.
A
recognition by a State of a customary practice as legally binding
upon it.
lex
generali.
A
general juridical regime between parties to an agreement.
lex
specialis.
A
special juridical regime between parties to an agreement.
General
Principles of Law. General
principles of justice closely linked to natural law, which have been
incorporated in municipal legal systems and have been eventually
recognized as authoritative. (e.g. nulla
crimen sine lege, re bis in idem)
jus
cogens.
A
peremptory norm of general international law, accepted and recognized
by the international community of States as a whole as a norm from
which no derogation is permitted and which can be modified only by a
subseqent form of general international law having the same
character. If a new peremptory norm of general international law
emerges, any existing treaty which is in conflict with that norm
becomes void and is terminated.
Obligations
erga
omnes.
Obligations
which are the concern of all States, by which all States are held to
have a legal interest. Procedurally, it can only affect standing, but
not consent to ICJ jurisdiction. An important distinction must be
drawn between the obligations of State to the community as a whole,
and those arising vis-a-vis
another
State (obligations inter
se).
Incorporation
Clause. The
Phils adopts the generally accepted principles of IL as part of the
law of the land.
Codification.
A
precise formulation and systematization of rules of IL in fields
where there already has been extensive State practice, precedence and
doctrine. (e.g., VCLT)
Progressive
Development. The
preparation of draft conventions on subjects which have not yet been
regulated by international law or in regard to which the law has not
yet been sufficiently developed in the practice of States. (e.g.,
Draft Articles on Responsibility of States for Internationally
Wrongful Acts)
The 1969
Vienna Convention on the Law of Treaties (VCLT). A
codification of the generally accepted rules of IL concerning the
creation, effectivity, interpretation, nullification and termination
of treaties.
Treaty.
An
international agreement concluded between States in written form and
governed by IL, whether embodied in a single instrument or in two or
more related instruments and whatever its particular designation. A
treaty shall be interpreted in good faith in accordance with the
ordinary meaning to be given to the terms of the treaty in their
context and in the light of its object and purpose. A treaty does not
create rights or obligations for a non-signatory State without its
consent, except if a rule set forth in a treaty becomes recognized as
a customary rule of international law.
Executive
Agreement. An
international agreement entered into between the executive
departments of governments concerning matters of lesser importance
than those dealt with by treaties. They are made:
(1) Purely as
executive acts for matters of lesser importance; or
(2) In pursuance of
acts of the legislature.
Stages
of Formation of Treaties.
(1) Negotiations by
the representatives of States, which includes drafting of text;
(2) Affixing of
signatures of negotiators signifying provisional acceptance;
(3) Ratification of
the treaty, which is the final acceptance;
(4) The entry into
force of the treaty.
Exchange
of Notes. An
informal method by which States subscribe to a certain understanding
or recognize certain obligations ratione as binding upon them. It is
usually conducted between diplomatic representatives or ministers of
foreign affairs acting in behalf of their governments.
travaux
preparatoires.
Preparatory
work for the drafting of an international agreement which may be used
in the latter's interpretation.
Memorandum.
A
diplomatic note, either signed or merely initialed by the
negotiators, containing salient points.
note
verbale. An
unsigned document which contains a resume of diplomatic
conversations.
proces
verbal. A
formal record of the proceedings or conference.
Reservation.
A
unilateral statement, however phrased or named, made by a State, when
signing, ratifying, accepting, approving or acceding to a treaty,
whereby it purports to exclude or to modify the legal effect of
certain provisions of the treaty in their application to that State.
Formation
of Reservations. A
reservation may be done when a State signs, ratifies, accepts,
approves or accedes to a treaty. It may not be done when:
(1) The reservation is
prohibited by the treaty;
(2) The treaty
provides that only specified provisions may be made; or
(3) The reservation is
incompatible with the object and purpose of the treaty.
If a State makes a
reservation which is incompatible with the object and purpose of the
treaty, it may be regarded as not a participant to the treaty. In all
other reservations, the reserving State is still a participant to the
treaty. An objection to a reservation made by a State who has signed
the treaty but has not yet ratified the same is effective only when
the State has ratified the treaty. However, an objection to a
reservation made by a non-signatory State is without legal effect.
Ratification.
Synonymous
with acceptance, approval, or accession. It is the international act
whereby a State establishes on the international plane its consent to
be bound by a treaty. In the case of the Philippines, ratification is
subject to the Treaty Clause.
Doctrine
of Transformation or Treaty Clause. International
law is not part of domestic law unless they are so transformed by
means of legislation. No treaty or international agreement shall be
valid and effective unless concurred in by at least two-thirds of all
the Members of the Senate.
Entry
Into Force. The
precise time when rights and obligations of parties to the treaty
become operative, either as soon as consent to be bound by the treaty
is established, or in such manner or upon such date as the treaty may
provide, or as the negotiating States may agree.
Object
and Purpose Doctrine. A
State is obliged to refrain from acts which would defeat the object
and purpose of a treaty when any of the following conditions have
been met:
(1) The State has
signed the treaty or has exchanged instruments constituting the
treaty subject to ratification, acceptance or approval, until it
shall have made its intention clear not to become a party to the
treaty.
(2) The State has
expressed its consent to be bound by the treaty, pending entry into
force of the treaty and provided that such entry into force is not
unduly delayed.
Material
Breach. The
violation of a provision essential to the accomplishment of the
object and purpose of the treaty. Also, the repudiation of a treaty
not sanctioned by the VCLT.
pacta
sunt servanda.
Also
known as the Doctrine
of Good Faith Compliance.
Every treaty in force is binding upon the parties and must be
performed by them in good faith. A party may not invoke the
provisions of its internal law as justification for its failure to
perform a treaty.
rebus
sic stantibus.
Also
known as the Doctrine
of Fundamental Change of Circumstances.
A fundamental change of circumstances which has occurred with regard
to those existing at the time of the conclusion of a treaty, and
which has not foreseen by the parties, may not be invoked as a ground
for terminating or withdrawing from the treaty, unless:
(1) The existence of
those circumstances constituted an essential basis of the consent of
the parties bound by the treaty; and
(2) The effect of the
change is radically to transform the extent of obligations still to
be performed under the treaty.
However, a fundamental
change of circumstances is absolutely not a ground for terminating or
withdrawing from a treaty if:
(1) The treaty
establishes a boundary; or
(2) The fundamental
change is the result of a breach by the party invoking it either of
an obligation under the treaty or of any other international
obligation owed to any other party to the treaty.
Doctrine
of Error. A
State may invoke an error in a treaty as invalidating its consent to
be bound by the treaty if the error relates to a fact or situation
which was assumed by that State to exist at the time when the treaty
was concluded and formed an essential basis of its consent to be
bound by the treaty. The doctrine does not apply if:
(1) The State in
question contributed by its own conduct to the error or if the
circumstances were such as to put that State on notice of a possible
error; or
(2) The error relates
only to the wording of the text of the treaty.
Doctrine
of Supervening Impossibility of Performance. A
party may invoke the impossibility of performing a treaty as a ground
for terminating or withdrawing from it if the impossibility results
from the permanent disappearance or destruction of an object
indispensable for the execution of the treaty. If the impossibility
is temporary, it may be invoked only as a ground for suspending the
operation of the treaty. However, impossibility of performance may
not be invoked by a party as a ground for terminating, withdrawing
from or suspending the operation of a treaty if the impossibility is
the result of a breach by that party either of an obligation under
the treaty or of any other international obligation owed to any other
party to the treaty.
Self-contained
Regime. When
a State gives its consent to a treaty, it thereby supersedes the
application of relevant customary international law. Therefore, any
breach of treaty obligation must be resolved by means provided by the
treaty.
United
Nations (UN). An
international organization founded on 24 October 1945, in San
Francisco, USA, formed for the purpose of maintaining international
peace and security through the establishment of collective security,
the development of friendly relations among nations, and the
achievement of international cooperation in solving international
problems. Its principal organs are the:
(1) General Assembly
(UNGA);
(2) Security Council
(UNSC);
(3) Economic and
Social Council (ECOSOC);
(4) International
Court of Justice (ICJ); and the
(5) Secretariat,
headed by the Secretary-General (UNSG).
The UN has objective
international personality, meaning that it has legal personality with
respect even to States not a member thereof.
International
Court of Justice (ICJ). The
principal judicial organ of the United Nations. All members of the UN
are ipso
facto parties
to the Statute of the ICJ. Each member shall undertake to comply with
the decision of the ICJ in any case to which it is a party. But in
case of non-compliance, the other may have recourse to the UNSC which
may recommend or take measures to give effect to the judgment.
Only States may be
parties in cases before the ICJ, but the ICJ may request that public
international organizations provide information relevant to cases
before it.
ICJ
Contentious Jurisdiction. Can
either be Compulsory or Compromissory. The ICJ has jurisdiction in
all legal disputes concerning:
(1) The interpretation
of a treaty;
(2) The existence of
any fact which, if established, would constitute a breach of an
international obligation;
(3) The nature or
extent of the reparation to be made for the breach of an
international obligation.
ICJ
Compulsory Jurisdiction. States
may at any time declare that they recognize as compulsory ipso
facto and
without special agreement, in relation to any other state accepting
the same obligation, the contentious jurisdiction of the ICJ.
ICJ
Compromissory Jurisdiction. ICJ
jurisdiction by virtue of a compromissory clause, conferred by the
parties upon the ICJ in its contentious jurisdiction.
ICJ
Advisory Jurisdiction. The
ICJ may give an advisory judgment on any legal question at the
request of whatever body may be authorized by or in accordance with
the UN Charter to make such request.
compromis.
An
agreement that specifies the subject matter of the dispute between or
among States, the time and manner of appointing arbitrators, the
place where the tribunal shall meet, and such other applicable rules
and procedures as may be agreed upon. The arbitrator or tribunal
cannot rule upon matters not stated in the compromis.
Compromissory
Clause. A
provision in a treaty whereby the States Parties agree or disagree to
submit themselves to the jurisdiction of an international tribunal
regarding questions or disputes arising from the treaty.
forum
prorogatum. In
the absence of express consent between States, they are said to have
accepted the tribunal's jurisdiction if one of them makes an
application to the ICJ or takes some other step implying consent.
competence
de la competence. In
the event of a dispute as to whether the ICJ has jurisdiction, the
matter shall be settled by its own decision. Also applies to the ICC
and other international tribunals.
ex
aequo et bono.
“Out
of equity and liberality.” In the absence of any applicable law,
the ICJ may resolve a case based on equity, but only if the parties
agree.
Charter
Body. An
international organization or tribunal, other than a UN organ,
created under the provisions of the Charter of the UN, in pursuance
of its goals of collective security under Chapter VII or the pacific
settlement of disputes under Chapter VI. (e.g., ICTY, ICTR)
Treaty
Body. An
international organization or tribunal, created under the provisions
of a treaty other than the UN Charter, in pursuance of the treaty's
goals, its enforcement, or settlement of disputes arising from
interpretations of the treaty. (e.g., ITLOS, ICC)
Doctrine
of State Responsibility. There
is an internationally wrongful act of a State when conduct consisting
of an action or omission:
(1) Is attributable to
the State under international law (Secondary Rule); and
(2) It constitutes a
breach of international obligations of a State (Primary Rule).
The breach can either
be a breach of an obligation of conduct, or a breach of an obligation
of result.
There is a breach of
an international obligation by a State when an act of that State is
not in conformity with what is required of it by that obligation,
regardless of its origin or character.
Obligation
of Conduct. An
obligation which requires a particular course of conduct.
Obligation
of Result. An
obligation which requires the achievement of a particular result.
Principles
of Attribution. These
are the circumstances in which an act or omission is to be considered
as the conduct of a State:
Conduct of organs
of a State
– The conduct of any State organ shall be considered an act of that
State under IL, whether the organ exercises legislative, executive,
judicial or any other functions, whatever position it holds in the
organization of the State, and whatever its character as an organ of
the central government or of a territorial unit of the State.
Conduct of State
agents
– The conduct of a person or entity which is not an organ of the
State but which is empowered by the law of that State to exercise
elements of the governmental authority shall be considered an act of
the State under international law, provided the person or entity is
acting in that capacity in the particular instance.
Conduct of organs
placed at the disposal of a State by another State –
The conduct of an organ placed at the disposal of a State by another
State shall be considered an act of the former State under
international law if the organ is acting in the exercise of elements
of the governmental authority of the State at whose disposal it is
placed.
Excess of authority
by a State agent
– The conduct of an organ of a State or of a person or entity
empowered to exercise elements of the governmental authority shall be
considered an act of the State under international law if the organ,
person or entity acts in that capacity, even if it exceeds its
authority or contravenes instructions.
Conduct directed or
controlled by the State
– The conduct of a person or group of persons shall be considered
an act of a State under international law if the person or group of
persons is in fact acting on the instructions of, or under the
direction and control of, that State in carrying out the conduct.
Conduct in default
of authorities
– The conduct of a person or group of persons shall be considered
an act of a State under international law if the person or group of
persons is in fact exercising elements of the governmental authority
in the absence or default of the official authorities and in
circumstances such as to call for the exercise of those elements of
authority.
Conduct of an
insurrectional movement
– The conduct of an insurrectional movement which becomes the new
government of a State shall be considered an act of that State under
international law; or if the insurrectional movement instead succeeds
in establishing a new State in part of the territory of a
pre-existing State or in a territory of its administration shall be
considered an act of the new State under international law.
Conduct adopted by
the State as its own
– Conduct which is not attributable to a State shall nevertheless
be considered an act of that State under international law if and to
the extent that the State acknowledges and adopts the conduct in
question as its own.
Circumstances
Precluding Wrongfulness. These
are justifying circumstances for a State in committing an act which
would have constituted a breach under international law:
(1) Consent by the
injured State;
(2) Self-defense in
conformity with the UN Charter;
(3) Countermeasures in
respect of an internationally wrongful act;
(4) Force majeure;
(5) Distress; (6)
Necessity.
These circumstances do
not preclude the wrongfulness of any act of a State which is not in
conformity with a jus
cogens norm.
Doctrine
of Distress. The
wrongfulness of an act of a State not in conformity with an
international obligation of that State is precluded if the author of
the act in question has no other reasonable way, in a situation of
distress, or saving the author's life or the lives of other persons
entrusted to the author's care. This does not apply if:
(1) The
situation of distress is due, either alone or in combination with
other factors, to the conduct of the State invoking it; or
(2) The
act in question is likely to create a comparable or greater evil.
Doctrine
of Necessity. Necessity
may not be invoked by a State as a ground for precluding the
wrongfulness of an act not in conformity with an international
obligation of that State unless the act:
Is the only way for
the State to safeguard an essential interest against a grave and
imminent peril; and
(2) Does
not seriously impair an essential interest of the State or States
towards which the obligation exists, or of the international
community as a whole.
In any case, necessity
may not be invoked by a State as a ground for precluding wrongfulness
if:
(1) The
international obligation in question excludes the possibility of
invoking necessity; or
(2) The
State has contributed to the situation of necessity.
Nationality.
A
legal bond having at its basis a social fact of attachment, a genuine
existence of interest and sentiments, together with the existence of
reciprocal rights and duties.
Reprisals.
Acts
of self-help short of war by the injured State. Acts in retaliation
for acts contrary to international law. Reprisals are unlawful if
they are out of proportion with respect to the acts being retaliated
to.
Retorsions.
Unfriendly,
discourteous or unfair acts made by a State in retaliation to similar
acts done by another State. They are not unlawful.
Countermeasures.
Reprisals
not involving the use of force. Regardless of whether or not a State
has resorted to countermeasures, its international obligations remain
in force.
Reparation.
An
act, which must, as far as possible, wipe out all the consequences of
the illegal act and re-establish the situation which should, in all
probability, have existed if that act had not been committed.
Satisfaction.
Acknowledgment
of the breach, or formal apology or other expressions of regret or
remorse.
Restitution.
A
kind of reparation which re-establishes the situation existing before
the breach.
Compensation.
Payment
of financially assessable damage caused by the wrongful act.
Sovereign
Immunity. A
State, on account of its status requiring sovereign equality is not
subject to judicial process of another State without its consent. May
be conferred either on a State government or an individual head of
State.
Absolute
Immunity. Immunity
to all acts of State. Generally regarded as obsolete in current
practice.
Relative
Immunity. Acts
of state are accorded immunity depending on whether they are jure
imperii or
jure
gestionis.
Generally, only jure
imperii are
granted immunity.
jure
imperii. Also
known as the Act of State Doctrine. Public or governmental acts.
jure
gestionis. Private,
commercial or proprietary acts.
State
Immunity. A
State's government cannot be sued abroad without its consent or
waiver, and its public property cannot be attached or taxed in
whatever country it may be located.
Head of
State Immunity. Traditionally,
a head of State, whether he is the actual head of State or only the
nominal head, enjoys immunity from suit in the territory of another
State. The immunity is accorded to him not as an individual but as
head of State. May be waived by a home government with respect to its
ex-head of State.
Waiver
of State Immunity. A
State may be deemed to have waived its immunity from suit when:
(1) It
gives its consent at the time the proceeding is instituted;
(2) After
notification of the proceeding, it takes any step relating to the
merits in that proceeding before asserting its immunity;
(3) By
contract upon which the proceeding is based, it has previously
consented to the institution of such a proceeding;
(4) By
treaty with the State in whose court the proceeding is brought, it
has previously consented to the institution of such a proceeding; or
(5) It
has previously, by law or regulation or declaration in force at the
time that the claim of the complainant arose, indicated that it would
consent to the institution of such proceeding.
Intervention.
Dictatorial
interference by a State in the affairs of another State for the
purpose of maintaining or altering the actual condition of things.
Intervention may or may not involve the use of force. Generally,
intervention is a violation of international law, but it may be
allowed in exceptional circumstances such as self-defense under the
UN Charter.
Aggression.
The
use of armed force by a State against the sovereignty, territorial
integrity or political independence of another State, or in any other
manner inconsistent with the UN Charter. In this definition, the term
“State” is used without prejudice to questions of recognition or
to whether a State is a member of the UN, and includes the concept of
a “group of states” where appropriate. Aggression is a crime
against international peace, and includes the following acts:
(1) The invasion or
attack by the armed forces of a State of the territory of another
State, or any military occupation, however temporary, resulting from
such invasion or attack, or any annexation by the use of force of the
territory of another State or part thereof;
(2) Bombardment by the
armed forces of a State against the territory of another State or the
use of any weapons by a State against the territory of another State;
(3) The blockade of
the ports or coasts of a State by the armed forces of another State;
(4) An attack by the
armed forces of a State on the land, sea or air forces, or marine and
air fleets of another State;
(5) The use of armed
forces of one State which are within the territory of another State
with the agreement of the receiving State, in contravention of the
conditions provided for in the agreement or any extension of their
presence in such territory beyond the termination of the agreement;
(6) The action of a
State in allowing its territory, which it has placed at the disposal
of another State, to be used by that other State for perpetrating an
act of aggression against a third State;
(7) The sending by or
on behalf of a State of armed bands, groups, irregulars or
mercenaries, which carry out acts of armed force against another
State of such gravity as to amount to the acts listed above, or its
substantial involvement therein.
Neutrality.
Legal
status of a State in times of war by which it adopts impartially in
relation to the belligerent of their recognition.
jus ad
bellum. “Justice
of war.” Legal justification for the initiation of armed conflict.
After World War II and the establishment of the UN, armed conflict is
no longer regarded by the international community as an acceptable
means of resolving international disputes. However, in the event of
any threat to the peace, the UNSC may take such action by air, sea or
land forces as may be necessary to maintain or restore international
peace and security. This action by the UNSC is not aggression in
international law. The UN Charter also does not impair the inherent
right of self-defense if an armed attack occurs against a Member of
the UN.
jus in
bello. “Justice
in war.” These are the international rules governing the conduct of
an armed conflict. Presupposes a moral framework for warfare, that
the conduct of war does not necessarily lead to a breakdown of
morality and humanity.
International
Humanitarian Law (IHL). Branch
of international law which governs armed conflict to the end that the
use of violence is limited to purely military objectives only.
Principle
of Distinction. Belligerents
must distinguish between military targets and civilians.
Principle
of Proportionality. Belligerents
must only use the necessary force to accomplish legitimate military
objectives with the minimum possible collateral damage.
Martens
Clause. Provides
that in cases not covered by the rules of law, the inhabitants and
belligerents remain under the protection and the rule of the
principles of the law of nations. An exception to the self-contained
regime doctrine with respect to IHL.
International
Armed Conflict. The
use of force between two or more States, regardless of its length or
intensity. The four Geneva Conventions of 1949 apply to international
armed conflicts:
(1) Convention (I) for
the Amelioration of the Condition of the Wounded and Sick in Armed
Forces in the Field;
(2) Convention (II)
for the Amelioration of the Condition of Wounded, Sick and
Shipwrecked Members of Armed Forces at Sea;
(3) Convention (III)
relative to the Treatment of Prisoners of War; and
(4) Convention (IV)
relative to the Protection of Civilian Persons in Time of War.
Non-international
Armed Conflict. Violence,
that reaches a certain threshold, between a State and armed groups,
or between armed groups within a State. Classic examples are
rebellions and insurrections, but any violence occurring within a
State, or targeted against a State across multiple territories, must
consider the length and intensity of the violence. A High Contracting
Party to the 1949 Geneva Conventions is obliged to observe the
following minimum provisions, under Common Article 3:
(1) Humane
treatment of persons not taking an active part in the hostilities,
including members ofarmed forces who have laid down their arms and
those placed hors
de combat by
sickness, wounds, etc., without adverse distinction founded on race,
color, religion, or any other similar criteria.
To this end, the
following acts are and shall remain prohibited at any time and in any
place:
(a) Violence to life
and person, murder of all kinds, mutilation, cruel treatment and
torture;
(b) Taking of
hostages;
(c) Outrages upon
personal dignity, in particular humiliating and degrading treatment;
(d) The passing of
sentences and the carrying out of executions without previous
judgment pronounced by a regularly constituted court, affording all
the judicial guarantees which are recognized as indispensable by
civilized peoples.
(2) The wounded and
sick shall be collected and cared for.
The application of the
above provisions does not affect the legal status of the Parties to
the conflict.
hors de
combat. “Outside
of combat.” A person is hors
de combat if
he abstains from any hostile act and does not attempt to escape, and
if:
(1) He is in the power
of an adverse Party;
(2) He clearly
expresses an intention to surrender; or
(3) He has been
rendered unconscious or is otherwise incapacitated by wounds or
sickness, and therefore is incapable of defending himself.
Prisoners
of war. Persons
who have fallen into the power of the enemy, and belonging to one of
the ff categories:
(1) Members of the
armed forces of a Party to the conflict;
(2) Members of
militias, volunteer corps, or organized resistance movements
belonging to a Party to the conflict and fulfilling the following
conditions:
(a) That of being
commanded by a person responsible for his subordinates;
(b) That of having a
fixed distinctive sign recognizable at a distance;
(c) That of carrying
arms openly;
(d) That of conducting
their operations in accordance with the laws and customs of war.
(3) Members of regular
armed forces who profess allegiance to a government or authority not
recognized by the detaining Power;
(4) Persons
accompanying the armed forces without actually being members thereof,
and authorized by the armed forces to accompany them, such as
civilian contractors, war correspondents, etc.;
(5) Members of crews,
including masters, pilots and apprentices of the merchant marine and
the civil aircraft of the Parties to the conflict;
(6) Inhabitants of a
non-occupied territory, who on the approach of the enemy
spontaneously take up arms to resist the invading forces, without
having had time to form themselves into regular armed units, provided
they carry arms openly and respect the laws and customs of war.
A Head of State, as a
commander-in-chief of the State's armed forces, also belongs in these
categories.
Civilian.
Any
person who does not belong to one of the categories of persons
enumerated under POW
Status
Determination Hearing. Conducted
by a competent tribunal in order to resolve doubts as to whether a
person, having committed a belligerent act and having fallen into the
hands of the enemy, is a civilian or a prisoner of war. Nevertheless,
before such hearing has been conducted to resolve his doubtful
status, that person shall enjoy the protections of the 1949 Geneva
Conventions.
Universal
Jurisdiction. With
respect to crimes against all of mankind, they may be punished in the
competent tribunal of any country where the offender may be found or
into which he may be carried. Considered not just a right of the
State by also a duty.
International
Criminal Court (ICC). A
permanent international tribunal established by the Rome Statute of
1998 for the investigation, trial, and punishment of persons accused
of committing the most serious crimes of international concern,
namely:
(1) The crime of
genocide;
(2) Crimes against
humanity;
(3) War crimes;
(4) The crime of
aggression.
Genocide.
Any
of the following acts committed with intent to destroy, in whole or
in part, a national, ethnical, racial or religious group, as such:
(1) Killing members of
the group;
(2) Causing serious
bodily or mental harm to members of the group;
(3) Deliberately
inflicting on the group conditions of life calculated to bring about
its physical destruction in whole or in part;
(4) Imposing measures
intended to prevent births within the group;
(5) Forcibly
transferring children of the group to another group.
Crimes
Against Humanity. Any
of the following acts when committed as part of a widespread or
systematic attack directed against any civilian population, with
knowledge of the attack:
(1) Murder;
(2) Extermination;
(3) Enslavement
(4) Deportation or
forcible transfer of population;
(5) Imprisonment or
other severe deprivation of physical liberty in violation of
fundamental rules of IL;
(6) Torture;
(7) Rape, sexual
slavery, enforced prostitution, forced pregnancy, enforced
sterilization, or any other form of sexual violence of comparable
gravity;
(8) Persecution
against any identifiable group or collectivity on political, racial,
national, ethnic, cultural, religious, gender, or other grounds that
are universally recognized as impermissible under international law,
in connection with any crime within the ICC's jurisdiction;
(9) Enforced
disappearance of persons;
(10) The crime of
apartheid;
(11) Other inhumane
acts of a similar character intentionally causing great suffering, or
serious injury to body or to mental or physical health.
Attack
Directed Against Any Civilian Population.
A course of conduct
involving the multiple commission of offenses referred to in Crime
Against Humanity, pursuant to or in furtherance of a State or
organizational policy to commit such attack.
Extermination.
Includes
the intentional infliction of conditions of life, inter
alia the
deprivation of access to food and medicine, calculated to bring about
the destruction of part of a population.
Enslavement.
The
exercise of any or all of the powers attaching to the right of
ownership over a person and includes the exercise of such power in
the course of trafficking in persons, in particular women and
children.
Deportation
or Forcible Transfer of Population. Forced
displacement of the persons concerned by expulsion or other coercive
acts from the area in which they are lawfully present, without
grounds permitted under international law .
Torture.
The
intentional infliction of severe pain or suffering, whether physical
or mental, upon a person in the custody or under the control of the
accused; except that torture shall not include pain or suffering
arising only from, inherent in or incidental to, lawful sanctions.
Forced
Pregnancy. The
unlawful confinement of a woman forcibly made pregnant, with the
intent of affecting the ethnic composition of any population or
carrying out other grave violations of international law. This
definition shall not in any way be interpreted as affecting national
laws relating to pregnancy.
Persecution.
Intentional
and severe deprivation of fundamental rights contrary to
international law by reason of the identity of the group or
collectivity.
Apartheid.
Inhumane
acts of a character similar to those referred to in paragraph 1,
committed in the context of an institutionalized regime of systematic
oppression and domination by one racial group over any other racial
group or groups and committed with the intention of maintaining that
regime.
Enforced
Disappearance of Persons. The
arrest, detention or abduction of persons by, or with the
authorization, support or acquiescence of, a State or a political
organization, followed by a refusal to acknowledge that deprivation
of freedom or to give information on the fate or whereabouts of those
persons, with the intention of removing them from the protection of
the law for a prolonged period of time.
War
Crimes. These
are either: Grave breaches of the 1949 Geneva Conventions, or other
serious violations of the laws and customs applicable in
international armed conflict, within the established framework of
international law; or
In the case of a
non-international armed conflict, except situations of internal
disturbances and tensions such as riots, isolated and sporadic acts
of violence or other acts of a similar nature, any serious violations
of the Common Article 3 to the 1949 Geneva Conventions, or any other
serious violations of the laws and customs applicable in armed
conflicts not of an international character, within the established
framework of IL.
ICC
Jurisdiction ratione materiae.
Also
known as Material
Jurisdiction
or Jurisdiction
over the Subject Matter.
See entry on ICC.
ICC
Jurisdiction ratione locus.
Territorial
Jurisdiction.
The ICC may exercise its jurisdiction if the
crime was committed on
the territory, or on board a vessel or an aircraft registered under
a:
(1) State Party to the
Rome Statute; or a
(2) State which has
accepted the jurisdiction of the ICC with respect to the crime
through a declaration.
ICC
Jurisdiction ratione
personae.
Personal
Jurisdiction.
The ICC may exercise its jurisdiction if the
person accused of the
crime is national of a:
(1) State Party to the
Rome Statute; or a
(2) State which has
accepted the jurisdiction of the ICC with respect to the crime
through a declaration.
ICC
Jurisdiction ratione temporis. Temporal
Jurisdiction.
The ICC has jurisdiction only with respect to crimes committed after
the entry into force of the Rome Statute.
Principle
of Complementarity. The
ICC shall be complementary to national criminal jurisdictions. A case
is inadmissible where:
(1) The case is being
investigated or prosecuted by a State which has jurisdiction over it,
unless the State is unwilling or unable genuinely to carry out the
investigation or prosecution;
(2) The case has been
investigated by a State which has jurisdiction over it and the State
has decided not to prosecute the person concerned, unless the
decision resulted from the unwillingness or inability of the State
genuinely to prosecute;
A case is also
inadmissible on the grounds of double jeopardy and insufficient
gravity.
Unwillingness.
The
following circumstances shall be grounds for the ICC to consider
unwillingness of a State in a particular case:
(1) The proceedings
were or are being undertaken or the national decision was made for
the purpose of shielding the person concerned from criminal
responsibility for crimes within the jurisdiction of the ICC;
(2) There has been
unjustified delay in the proceedings which in the circumstances is
inconsistent with an intent to bring the person concerned to justice;
(3) The proceedings
were not or are not being conducted independently or impartially, and
they were or are being conducted in a manner which, in the
circumstances, is inconsistent with an intent to bring the person
concerned to justice.
Inability.
The
ICC shall consider whether, due to a total or substantial collapse or
unavailability of its national judicial system, the State is unable
to obtain the accused or the necessary evidence and testimony or
otherwise unable to carry out its proceedings.
Trigger
Mechanisms. These
are acts that initiate the exercise of the ICC's jurisdiction:
(1) Referral of the
situation to the ICC Prosecutor by a State Party;
(2) Referral of the
situation to the ICC Prosecutor by the UNSC acting under its Chapter
VII powers; or
(3) The
ICC Prosecutor has initiated an investigation motu
propio
in
respect of such situation.
Deferral.
An
investigation or prosecution by the ICC Prosecutor may be postponed
by the UNSC for a period of 12 months, through a resolution adopted
under Chapter VII of the UN Charter.
ne
bis in idem.
Also
known as the Principle
of Double Jeopardy.
Under the Rome Statute, a person convicted or acquitted by the ICC or
another court may no longer be tried by the ICC or another court for
the same conduct. However, a person who has been tried by another
court for Genocide, Crimes Against Humanity, or War Crimes can still
be tried by the ICC if the proceedings in the other court:
(1) Were for the
purpose of shielding the person concerned from criminal
responsibility for crimes within the jurisdiction of the court; or
(2) Otherwise were not
conducted independently or impartially in accordance with the norms
of due process recognized by international law and were conducted in
a manner which, in the circumstances, was inconsistent with an intent
to bring the person concerned to justice.
nullum
crimen sine lege.
“No
crime without a law.” The ICC cannot adjudge a person criminally
liable unless the conduct in question constitutes, at the time it
takes place, a crime within the jurisdiction of the ICC. The
definition of a crime shall be strictly construed and shall not be
extended by analogy. In case of doubt, the definition shall be
interpreted in favor of the person being investigated, prosecuted or
convicted.
nulla
poena sine lege.
“No
punishment without a law.” The ICC may punish a convicted person
only in accordance with the Rome Statute.
Doctrine
of Command Responsibility. A
military commander or person effectively acting as a military
commander shall be criminally responsible for crimes within the
jurisdiction of the ICC committed by forces under his or her
effective command and control, or effective authority and control as
the case may be, as a result of his or her failure to exercise
control properly over such forces, where:
(1) That military
commander either knew or, owing to the circumstances at the time,
should have known that the forces were committing or about to commit
such crimes; and
(2) That military
commander or person failed to take all necessary and reasonable
measures within his or her power to prevent or repress their
commission or to submit the matter to the competent authorities for
investigation and prosecution.
Doctrine
of Superior Orders. The
fact that a crime has been committed by a person pursuant to an order
of a Government or of a superior, whether military or civilian, shall
not relieve that person of
criminal
responsibility, unless:
(1) The person was
under a legal obligation to obey orders of the Government or the
superior;
(2) The person did not
know that the order was unlawful; and
(3) The order was not
manifestly unlawful.
Asylum.
Privilege
granted by a State to allow an alien escaping from the persecution of
his country for political reasons to remain and grant him asylum.
Diplomatic
Asylum. When
a person seeks refuge in the premises of a foreign mission in the
receiving State.
Territorial
Asylum. When
refuge is sought in a foreign country.
Refugee.
A
person who:
(1) Owing to a
well-founded fear of being persecuted for reason of race, religion,
nationality, membership of a particular social group or political
opinion, is outside the country of his nationality and is unable or,
owing to such fear, is unwilling to avail himself of the protection
of that country; or
(2) Not having a
nationality and being outside the country of his former habitual
residence as a result of such events, is unable or, owing to such
fear, is unwilling to return to it.
Loss of
Refugee Status. A
person shall lose his refugee status if:
(1) He has voluntarily
re-availed himself of the protection of the country of his
nationality;
(2) Having lost his
nationality, he has voluntarily re-acquired it;
(3) He has acquired a
new nationality, and enjoys the protection of the country of his new
nationality;
(4) He has voluntarily
re-established himself in the country which he left or outside which
he
remained owing to fear
of persecution;
(5) He can no longer,
because the circumstances in connection with which he has been
recognized as a refugee have ceased to exist, continue to refuse to
avail himself of the protection of the country of his nationality,
except for compelling reasons; or
(6) Being a person who
has no nationality he is, because of the circumstances in connection
with which he has been recognized as a refugee have ceased to exist,
Exclusion
of Refugee Status. Refugee
status shall not be granted to a person when:
(1) He has committed a
crime against peace, a war crime, or a crime against humanity, as
defined in the international instruments drawn up to make provision
in respect of such crimes;
(2) He has committed a
serious non-political crime outside the country of refuge prior to
his admission to that country as a refugee;
(3) He has been guilty
of acts contrary to the purposes and principles of the United
Nations.
State of
First Refuge. The
State where the refugee first arrived, or the State which first
intercepted or interdicted the refugee.
Secure
Third State. A
State where the refugee can be expelled or transferred to, and where
the refugee will not suffer any risk or threat to his life or
freedom.
Temporary
Refuge. Granted
only in times of civil unrest or other upheavals and only as a
protection against violent mobs, groups of insurgents, etc.
Right of
non-refoulement. Right
of a refugee not to be expelled or returned in any manner whatsoever
to the place where there are substantial grounds for believing that
he would be in danger of being subjected to torture, discrimination,
or other threats to his life or freedom.
Exceptions
to non-refoulement. The
right may not be claimed by:
(1) A refugee whom
there are reasonable grounds for regarding as a danger to the
security of the country in which he is; or
(2) A person who,
having been convicted by a final judgment of a particularly serious
crime, constitutes a danger to the community of that country.
Economic
Migrant. A
person seeking refuge because of economic reasons.
Rendition.
Transfers
made without recourse to the regular legal procedures of extradition,
removal, or exclusion but not involving allegations of involvement of
torture.
Renditions
to Justice. Apprehension
of suspects without recourse to judicial proceedings by US officials
who are brought to US or another State for trial or questioning on
specific crimes.
Extraordinary
Rendition. Transfer
of an individual, with the involvement of the US or its agents, to a
foreign State in circumstances that make it more likely than not that
the individual will be subjected to torture or cruel, inhuman or
degrading treatment.
Reverse
Rendition. Foreign
authorities picking up persons in non-combat/battlefield situations
and handing over to US custody without basic legal protections.
Extradition.
The
surrender of an individual accused or convicted of a crime by a State
within whose territory he is found and his delivery to the State
where he allegedly committed or was convicted by a State. It is a
waiver of the sovereign prerogative to host non-nationals.
aut
dedere aut adjudicare.
“Extradite
or prosecute.”
General
Principles of Extradition.
(1) No extradition
without a treaty;
(2) Political Offense
Exception;
(3) Double Criminality
– the crime committed in the Requesting State must also be a crime
in the Extraditing State;
(4) An extraditee may
only be prosecuted for the crime for which his extradition is
requested.
International
Human Rights Law (IHR). A
set of international rules, established by treaty or custom, on the
basis of which individuals and groups can expect and/or claim certain
behavior or benefits from governments.
International
Bill of Human Rights. An
informal name given to the Universal Declaration of Human Rights,
International Covenant on Civil and Political Rights, with its 2
Optional Protocols and International Covenant on Economic, Social and
Cultural Rights.
Universal
Declaration of Human Rights (UDHR). Is
a declaration adopted by the UN General Assembly on December 10,
1948. It arose directly from the experience of the Second World War
and represents the first global expression of rights to which all
human beings are entitled to. It consists of 30 articles which have
been elaborated in subsequent international treaties, regional human
rights instruments, national constitutions and laws. It consists of
30 articles which have been elaborated in subsequent international
treaties, regional human rights instruments, national constitutions
and laws.
International
Covenant on Civil and Political Rights (ICCPR). Is
a multilateral treaty adopted by the United Nations General Assembly
on 16 December 1966, and in force from 23 March 1976. It commits its
parties to respect the civil and political rights of individuals,
including the right to life, freedom of religion, freedom of speech,
freedom of assembly, electoral rights and rights to due process and a
fair trial.
International
Covenant on Economic, Social and Cultural Rights (ICESCR). Is
a multilateral treaty adopted by the United Nations General Assembly
on 16 December 1966, and in force from 3 January 1976. It commits its
parties to work toward the granting of economic, social, and cultural
rights (ESCR) to individuals, including labor rights and rights to
health, education, and an adequate standard of living.
Racial
Discrimination. Any
distinction, exclusion, restriction or preference based on color,
descent or national or ethnic origin, which has the purpose or effect
of nullifying or impairing the recognition, enjoyment on an equal
footing of human rights and fundamental freedoms.
Discrimination
Against Women. Any
distinction, exclusion or restriction made on the basis of sex which
has the effect or purpose of impairing or nullifying the recognition,
enjoyment or exercise by women, irrespective of their marital status,
on a basis of equality of men and women, of human rights and
fundamental freedoms in the political, economic, social, cultural,
civil or any other field.
Principle
of Progressive Achievement. A
State is obligated to undertake a program of activities and to
realize those rights which are recognized by the ICESCR.
Resource-contingent
Obligation. A
State is obliged to undertake steps for the full realization of the
rights recognized by the ICESCR to the maximum of its available
resources.
Derogation
Clause. Provision
in the ICCPR which states that in time of public emergency which
threatens the life of the nation and the existence of which is
officially proclaimed, the States Parties may take measures
derogating from their obligations under the present Covenant to the
extent strictly required by the exigencies of the situation, provided
that such measures are not inconsistent with their other obligations
under international law and do not involve discrimination solely on
the ground of race, color, sex, language, religion or social origin.
The following however
are non-derogable rights:
(1) Arbitrary
deprivation of life;
(2) Torture, or cruel,
inhuman or degrading treatment or punishment;
(3) Slavery and
servitude (imprisonment for non-payment of debt);
(4) Forced or
compulsory labor;
(5) Ex Post Facto
Laws;
(6) Recognition
everywhere as a person before the law; and
(7) Freedom of
thought, conscience and religion.
Many jurists believe
that these non-derogable rights are jus
cogens norms.
Non-Discrimination
Clause. Provision
in the UDHR stating that all persons are entitled to the rights and
freedoms set forth in the Declaration without distinction of any
kind.
ICCPR
Enforcement Regimes. A
State Party under the Optional Protocol to the ICCPR is required to
perform and to allow the following acts in connection with the
enforcement of civil and political rights.
(1) Reporting
Obligations;
(2) Complaints by
Other States;
(3) Complaints by
individuals.
Communication.
Under
the ICCPR Optional Protocols, these are written complaints to the UN
Committee on Human Rights, by individuals who claim that any of their
rights enumerated in the ICCPR have been violated, and who have
exhausted all available domestic remedies.
International
Economic Law (IEL). International
law regulating transborder transactions in goods, services, currency,
investment and intellectual property. Excludes private international
law and issues of economic welfare.
General
Agreement on Tariffs and Trade (GATT). Predecessor
to the WTO, these are a series of treaties aimed at regulating
international trade in goods and services, with a view to increasing
the economic prosperity of each of its members through the
substantial reduction of barriers to trade and discriminatory
treatment in international commerce.
International
Monetary Fund (IMF). Organization
established by international treaty in Bretton Woods, USA, in 1945 to
promote monetary cooperation among its members. Its statutory
purposes include promoting the balanced growth of international
trade, stability of exchange rates and the maintenance of orderly
exchange arrangements among members. The IMF monitors global economic
and financial developments and gives policy advice, lends to member
countries with balance of payments problems, and provides technical
assistance in its areas of expertise.
World
Bank (WB)/International Bank for Reconstruction and Development
(IBRD). Established
also in Bretton Woods, the WB provides loans for Member States,
initially for reconstruction projects after World War II, and
eventually for maintenance of those States' balance of payments and
whenever any of those States suffer deficits.
World
Trade Organization (WTO). The
only global international organization dealing with the rules of
trade between nations. At its heart are the WTO agreements,
negotiated and signed by the bulk of the world’s trading nations
and ratified in their parliaments. The WTO provides a forum for
negotiating agreements aimed at reducing obstacles to international
trade and ensuring a level playing field for all, thus contributing
to economic growth and development. The WTO also provides a legal and
institutional framework for the implementation and monitoring of
these agreements, as well as for settling disputes arising from their
interpretation and application. The current body of trade agreements
comprising the WTO consists of 16 different multilateral agreements
(to which all WTO members are parties) and two different plurilateral
agreements (to which only some WTO members are parties).
Most
Favored Nation (MFN) Clause. Any
advantage, favor, privilege or immunity granted by any contracting
party to any product originating in a state party shall be accorded
immediately and unconditionally to the like product originating in
all other contracting parties.
Dumping.
The
export of cheaper goods to a State where local goods of the same kind
and quality are substantially more expensive. The GATT prohibits
economic measures against dumping.
Social
Dumping. Happens
when an exporting State is able to send cheap goods by sacrificing
provisions on social legislation and labor standards, such as minimum
wages, social security, right to organize, etc.
Quantitative
Restrictions. These
are prohibitions or restrictions, other than duties and taxes, that
reduce the amount of imported goods in a State, in the form of
quotas, import or export licenses, or other means.
Exceptions
to Quantitative Restrictions. Subject
to the conditions that the measures are not arbitrary or disguised as
a restriction on international trade, a State may impose import
restrictions that are:
(1) Necessary to
protect public morals;
(2) Necessary to
protect human, animal or plant life or health;
(3) Relating to the
importation or exportation of gold or silver;
(4) Necessary to
secure compliance with laws or regulations which are not inconsistent
with the GATT, including those relating to customs enforcement, the
enforcement of monopolies, the protection of patents, trade marks and
copyrights, and the prevention of deceptive practices;
(5) Relating to the
products of prison labor;
(6)
Imposed for the protection of national treasures of artistic,
historic or archaeological value;
(7) Relating to the
conservation of exhaustible natural resources if such measures are
made effective in conjunction with restrictions on domestic
production or consumption;
Territory.
One
of the elements of a State. An area over which a state has effective
control.
Title to
Territory. Legal
basis to the acquisition of territory recognized by international
law.
Conquest.
Taking
possession of a treaty through armed force. For acquisition of
conquered territory, it is necessary that the war had ended either by
treaty or by indication that all resistance has been abandoned.
Moreover, the conqueror must have the intention of acquiring the
territory and not just of occupying it temporarily.
Discovery
and Occupation. Is
the acquisition of terra
nullius,
that is, territory which prior to occupation belonged to no state or
which may have been abandoned by a prior occupant. There is
abandonment when the occupant leaves the territory with the intention
of abandoning it. Discovery of res
nullius is
not enough to establish sovereignty. It must be accompanied by
effective control. Effective control however is relative and may
depend on the nature of the case. Where there are 2 or more claimants
to a territory, effective control is also relative to the strength of
claims.
Accretion
and avulsion. Sovereignty
over territory by operation of nature. Accretion is the gradual
increase of territory by the action of nature, avulsion is a sudden
change resulting for instance from the action of a volcano.
Cession.
Acquisition
of territory through treaty.
Prescription.
A
mode of acquiring sovereignty over territory. Like occupation,
prescription requires effective control but unlike occupation the
object of prescription is not terra
nullius.
Thus the required length of effective control is longer than in
occupation. It might be negated by a demonstrated lack of
acquiescence by the prior occupant.
Test of
Effective Sovereignty. Also
known as
effectivités.
Open
and public, peaceful and continuous display of sovereignty.
Doctrine
of Critical Moment. It
is not sufficient to establish the title by which territorial
sovereignty was validly acquired at a certain moment; it must also be
shown that sovereignty continued to exist at the moment for which the
decision in dispute must be considered as critical.
Boundaries.
Imaginary
lines on the surface of the earth which separate the territory of one
state from that of another, or from the unappropriated territory or
from the open sea.
uti
possidetis, ita possideatis.
“As
you possess, so may you possess.” Preservation of demarcation under
the colonial regimes corresponding to each of the colonial entities
that was constituted as a State.
Common
Heritage of Mankind. Territories
beyond the reach of sovereign States, such as the high seas,
Antarctica, outer space and celestial bodies.
Territorial
Baselines. The
line from which the maritime zones are measured.
Normal
Baselines. The
normal baseline for measuring the breadth of the territorial sea is
the low water line along the coast as marked on large-scale charts
officially recognized by the coastal State.
Archipelagic
Baselines. An
archipelagic state may draw straight archipelagic baselines joining
the outermost points of the outermost islands and drying reefs of the
archipelago.
Straight
Baselines. Are
a system of straight lines joining specified or discrete points on
the low-water line. Must not depart to any appreciable extent from
the general direction of the coast and the sea areas lying within the
lines must be sufficiently closely linked to the land domain to be
subject to the regime of internal waters.
Internal
Waters. Waters
on the landward side of the baseline of the territorial sea form part
of the internal waters of the State.
Bays. A
well-marked indentation whose penetration is such proportion to the
width of its mouth as to contain landlocked waters and constitute
more than a mere curvature of the coast. Its area must be at least as
large as a semicircle whose diameter is a line drawn across the mouth
of that indentation.
Bay or
River-closing Lines. Are
straight lines drawn between the respective low-water lines of the
natural entrance points of bays or rivers.
Island.
An
island is a naturally formed area of land, surrounded by water, which
is above water at high tide.
Territorial
Seas. The
belt of water 12 nautical miles from the baseline. The sovereignty of
the coastal state extends to the territorial sea, its seabed and
subsoil and to the air space above it. That sovereignty is subject
solely to the right of innocent passage for foreign ships.
Contiguous
Zone (CZ). The
belt of water contiguous to the territorial sea, the outer limit of
which does not exceed 24 nautical miles from the baseline. The
coastal state exercises control necessary its custom, fiscal,
immigration or sanitary laws.
Exclusive
Economic Zone (EEZ). The
area beyond the territorial sea, not exceeding 200 nautical miles
from the baseline.
Continental
Shelf. The
natural prolongation of its land territory to the outer edge of the
continental margin. Consists of the seabed and subsoil of the shelf,
the slope and the rise. Extends to at most 200 nautical miles from
the baselines. Largely coextensive with the EEZ likewise covering 200
nautical miles from the baselines. Can be extended to the outer edge
of the continental margin.
Archipelago.
A
group of islands, including parts of islands, interconnecting waters
and other natural features which are so closely interrelated that
such islands, waters and other natural features form an intrinsic
geographical, economic and political entity or which historically
have been regarded as such.
Archipelagic
State. A
state constituted wholly by one or more archipelagos and may include
other islands.
Archipelagic
Waters. The
archipelagic State enjoys sovereignty over all waters enclosed by the
archipelagic baselines, regardless of their depths and distances from
the coast, as well as their sea-bed, subsoil, and resources, and the
airspace above it.
High
Seas. All
parts of the sea that is not included in the exclusive economic zone,
in the territorial seas or in the internal waters of a State or in
the archipelagic waters of an archipelagic State.
Freedom
from the High Seas. In
comprises, inter
alia,
both for coastal and land-locked States:
(1) Freedom of
Navigation;
(2) Freedom of
overflight;
(3) Freedom to lay
submarine cables and pipelines;
(4) Freedom to
construct artificial islands and other installations permitted under
international law;
(5) Freedom from
fishing, subject to conditions; and
(6) Freedom from
scientific research.
Internal
Waters. Waters
on the landward side of the baseline. The coastal state exercises
full sovereignty and these waters form an integral part of the
state’s territory. Includes rivers, lakes and bays.
Innocent
Passage. Passage
not prejudicial to the peace, good order or security of the coastal
State.
When it is not
considered ‘innocent passage’
(1) Any threat or use
of force against the sovereignty, territorial integrity or political
independence of the coastal state;
(2) Any exercise or
practice with weapons of any kind;
(3) The loading or
unloading off any commodity, currency or person contrary to the
customs, fiscal, immigration or sanitary laws and regulations of the
coastal state;
(4) Any act of willful
and serious pollution contrary to the UNCLOS;
(5) Any fishing
activities; or
(6) The carrying out
of research and survey activities.
Land-locked
State. A
State wholly enclosed by land borders, and without access to a
coastline. They have the right to participate, on an equitable basis,
in the exploitation of an appropriate part of the surplus of the
living resources of the exclusive economic zones of coastal States of
the same subregion or region, taking into account the relevant
economic and geographical circumstances of all the States concerned.
Proliferation.
The
phenomenon occurring in post-Cold War years, where international
organizations and tribunals have increased in number.
Horizontal
Overlap. Two
or more co-equal or unrelated international organizations or
tribunals exercising the same function or jurisdiction. (e.g. ICC
vis-a-vis
the
ICTY, ICTR; ITLOS vis-a-vis
the
ICJ; Committee on Human Rights vis-a-vis
the
ICC.)
Vertical
Overlap. Two
or more hierarchically related organizations or tribunals exercising
the same function or jurisdiction. (e.g. UNSC vis-a-vis
the
ICJ, ICC, ICTY and ICTR; ECOSOC vis-a-vis
Committee
on Human Rights, Committee on the CEDAW)