Unit 2 of Public International Law (syllabus: Module II — State territory, its acquisition and loss; State jurisdiction; State responsibility; the Law of the Sea Convention 1982 — territorial sea, contiguous zone, continental shelf, exclusive economic zone and high seas; delimitation of maritime boundaries; the common heritage of mankind and the international seabed area). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- How far out does sovereignty run, and where does it stop?
- What makes passage through the territorial sea innocent, and what may the coastal State do about it?
- What exactly does a coastal State get in the exclusive economic zone?
- How far does the continental shelf extend, and on what does the right rest?
- How is a maritime boundary drawn between neighbouring States?
- Who may exercise authority over a ship on the high seas?
- Who owns the deep seabed?
- When is conduct the act of a State?
- Can a State be responsible for doing nothing?
- What must a responsible State do, and what may the injured State do?
- On what basis may a State try an offence committed abroad?
- On what conditions is a fugitive extradited, and what may he then be tried for?
- May a State grant asylum in its embassy, and decide for itself that the fugitive is political?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- United Nations Convention on the Law of the Sea 1982, s. 2, 3 and 33
- United Nations Convention on the Law of the Sea 1982, s. 17 to 26
- United Nations Convention on the Law of the Sea 1982, s. 55 to 59
- United Nations Convention on the Law of the Sea 1982, s. 76, 77 and 82
- United Nations Convention on the Law of the Sea 1982, s. 15, 74 and 83
- United Nations Convention on the Law of the Sea 1982, s. 87, 89, 91, 92, 100, 101, 105, 110 and 111
- United Nations Convention on the Law of the Sea 1982, s. 133, 136, 137 and 156
- Articles on Responsibility of States for Internationally Wrongful Acts 2001, s. 2, 4, 5, 8 and 11
- Articles on Responsibility of States for Internationally Wrongful Acts 2001, s. 2 and 12
- Articles on Responsibility of States for Internationally Wrongful Acts 2001, s. 31, 34 to 37, 44 and 49 to 53
- United Nations Convention on the Law of the Sea 1982, s. 97
- Extradition Act 1962, s. 2(c)(ii) and 21
- Havana Convention on Asylum 1928, s. 1 and 2
Leading cases
- United Nations Convention on the Law of the Sea 1982
- Corfu Channel Case (United Kingdom v. Albania)
- Republic of Italy v. Union of India
- Continental Shelf (Tunisia / Libyan Arab Jamahiriya)
- North Sea Continental Shelf Cases
- Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America)
- Articles on Responsibility of States for Internationally Wrongful Acts
- Abu Salem Abdul Qayoom Ansari v. State of Maharashtra
- Asylum Case (Colombia v. Peru)
Full case summaries
- Corfu Channel Case (United Kingdom v. Albania) (1949)
- Continental Shelf (Tunisia / Libyan Arab Jamahiriya) (1982)
- Republic of Italy v. Union of India (2013)
- Abu Salem Abdul Qayoom Ansari v. State of Maharashtra (2010)
Exam questions on this unit
- Public International Law exam question: Explain the maritime zones…
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- Public International Law exam question: Explain the concept of the…