Title to Territory, Air space, Outer space and Water
1. TITLE TO TERRITORY, AIR SPACE,
OUTER SPACE AND WATER
Presented by
Miss. Sana Riaz
International Islamic University, Islamabad
2. Title to territory defined
The concept of ‘title’ is used in public international law to show that a
territory belongs to a state. Title to territory is usually defined as ‘a vestitive
fact of territorial sovereignty’ or ‘a source of territorial sovereignty’. A state
acquiring such title is vested with sovereignty that is opposable erga omnes.
3. Importance of a title to territory
• International law is based on the concept of the state and state in its turn lie
upon the foundation of sovereignty.
• The concept of sovereignty based upon the fact of territory. Without
territory a legal person cannot be a state.
History of title to territory
The international rules regarding title to territory are rooted in Roman Law.
The methods and modes of acquiring a state are the direct decedents of
Roman Law dealing with the title to territory.
4. Modes of acquisition of a state
Occupation cession Accretion
subjugatio
n
Prescription
6. Air space defined
Airspace, in international law, the space above a particular national
territory, treated as belonging to the government controlling the territory.
It does not include outer space.
Principle
Cuius est solum, eius est usque ad caelum et ad inferos ("for whoever
owns the soil, it is theirs up to Heaven and down to Hell.")
7. Approaches
First approach is that the limit of Air space is till where a living being can survive
And seconed approach is that the limit should be till where the air craft can go.
Limit of Air space
19 mile (30 Km) above the surface of earth is air space for the navigation of air planes and
further 160 Km is the near space for the navigation of rockets. From above the near space
and beyond is the outer space which is common heritage or “Res Communis” of the
mankind.
8.
9. Air Space Theories:
These theories recognizes the upper extent of state jurisdiction up to extreme limit of air
space in its geophysical meaning. The theory is further divided in to the following into sub-
heads;
(a) Atmosphere theory: The theory depicts that the outer space begins at the outer limit of
territorial atmosphere. The territorial atmosphere is further divided into troposphere,
stratosphere, ionosphere, and exosphere, although there is no proper demarcation of
between the layers of the outer space.
(b) Aerodynamic lift theory: According to this theory, it is believed that the state
jurisdiction should be extended to heights necessary to life manned aircrafts. According to
the jurists in this school, the outer space begins where the possibility to fly the jet planes.
The upper limit may be changing due to advanced technology.
(c) Biological theory: the theory proposed that the limitation of outer space continues as
long as there is possibility of human life to survive, and beyond that the outer space starts.
10. Law of air space
Law of the air space and outer space regulates the administration of access of
air and outer space. According to air space law whoever violates the air space
of any states violates its sovereignty. Article 2 of UN charter.
There are no treaties that give title to air space to the state below it because it
is an inherent and understood right which doesn’t need treaties for its
recognition.
11. Conventions and treaties
The law of air space started developing with the Paris convention for the
regulation of aerial navigation 1919 which recognized the full sovereignty of
the states over their air space. (Benin Case where ICJ held that the boundary
represents the line between the states is also applicable in the air space).
According to this convention no right of innocent passage through the airspace
of a country is being allowed except through an agreement.
Chicago convention on civil aviation 1949.
International civil aviation organization is the product of this treaty which has
the mandate to look after the air space and civil aviation.
12. Rules for the use of Air space directed by the above conventions
• Sovereignty of the state over its air space
• Territory would be land, air space above the land and territorial waters adjacent
thereto.
• Civil aircrafts comes under these conventions and if any milltary aircraft wants to
do any activity then it has to inform the ICAO.
• No state can use any air route above any space without special permission.
• States can prohibits the foreign aircarfts from flying over some prohibited or
sensitive areas of its territory for the security or military reasons.
• Every aircraft can have a single nationality of a country where it is registered.
• No aircraft can have the dual nationality.
• Display of marks
• Every state will help any aircraft in distress
13. Outer space
Definition: Outer space is the area outside the earth's atmosphere where the
other celestial bodies, planets and stars are situated.
Principle “Res Communis”
15. Conventions on outer space
• UN GA resolution 1962 related to the deleration of legal principles governing the
activities in the exploration and use of outer space.
• 1967 Treaty of principles governing the Activities of states in exploration and use of
outer spce including Moon and other celestial bodies.
• 1972 Convention on international liability for the damage caused by space objects. (it
talks about the payment of compensation for the damges)
• 1975 convention on the registration of objects launched into outerspace. (it laid down
the parametres and procedur related to the registration of objects)
• 1993 UN GA adopted a resolution related to the use of nuclear power sources in outer
space.
• 1968 agreement on the rescue of astronauts and the return of objects launched into outer
space. (it sets out the legal framework of emergency assistance to astronauts).
17. Law of sea
The law of the sea is a body of customs, treaties, and international agreements by
which governments maintain order, productivity, and peaceful relations on the sea.
Notable in the development of the law of the sea are a number of international
conventions signed in the latter half of the 20th century. The United Nations (UN) held
its first Conference on the Law of the Sea (UNCLOS I) in 1956, which resulted in a
1958 Convention. The final conference, held in Montego Bay, Jamaica, in 1982,
resulted in the 1982 Law of the Sea Convention (LOSC). The LOSC came into force
in 1994 upon receiving the necessary number of UN signatories.
While the United States ratified the 1958 Convention, as of late 2013, it had not
become a party to the 1982 Convention. The United States recognizes that the 1982
Convention reflects customary international law and complies with its provisions.
18. History
• The seas were at one time thought capable of subjection to national sovereignties.
• In 17th century Portuguese proclaimed huge tracts of high seas as part of their
territorial domain.
• Hugo Grotius was the first to oppose this practice and gave the doctrine of high seas
whereby, the oceans as res communis were to be accessible to all nations and
incapable of appropriation.
• Only territorial seas (3 Nm) were first considered the domains of the state.
• But when the threat of exploitation of natural resources beyond the territorial waters
by the developed nations increased then states started demanding the extension of
territorial waters to the Exclusive economic Zones.
21. Territorial Sea
Everything from the baseline to a limit not exceeding twelve miles is considered the
State’s territorial sea. Territorial seas are the most straightforward zone. Much like
internal waters, coastal States have sovereignty and jurisdiction over the territorial sea.
These rights extend not only on the surface but also to the seabed and subsoil, as well as
vertically to airspace. The vast majority of States have established territorial seas at the
12 nautical mile limit, but a handful have established shorter thresholds.
While territorial seas are subject to the exclusive jurisdiction of the coastal States, the
coastal States’ rights are limited by the passage rights of other States, including innocent
passage through the territorial sea and transit passage through international straits. This is
the primary distinction between internal waters and territorial seas. There is no right of
innocent passage for aircraft flying through the airspace above the coastal state’s
territorial sea.
22. Contiguous Zone
States may also establish a contiguous zone from the outer edge of the
territorial seas to a maximum of 24 nautical miles from the baseline. This zone
exists to bolster a State’s law enforcement capacity and prevent criminals
from fleeing the territorial sea. Within the contiguous zone, a State has the
right to both prevent and punish infringement of fiscal, immigration, sanitary,
and customs laws within its territory and territorial sea. Unlike the territorial
sea, the contiguous zone only gives jurisdiction to a State on the ocean’s
surface and floor. It does not provide air and space rights.
23. Exclusive Economic Zone (EEZ)
Unlike other zones whose existence derived from earlier
international law, the EEZ was a creation of the LOSC. States
may claim an EEZ that extends 200 nautical miles from the
baseline. In this zone, a coastal State has the exclusive right
to exploit or conserve any resources found within the water,
on the sea floor, or under the sea floor’s subsoil. These
resources encompass both living resources, such as fish, and
non-living resources, such as oil and natural gas. States also
have exclusive rights to engage in offshore energy generation
from the waves, currents, and wind within their EEZ. Article
56 also allows States to establish and use artificial islands,
installations and structures, conduct marine scientific
research, and protect and preserve the marine environment
through Marine Protected Areas.
the U.S. has the largest EEZ in the world, totaling 3.4 million
square nautical miles. Although not a signatory of LOSC,
The U.S. established an EEZ by Presidential Proclamation in
1983. EEZs of States worldwide constitute 38% of the oceans
of earth that were considered part of the high seas prior to
adoption of the LOSC.
24. High Seas and Deep Ocean Floor
The ocean surface and the water column beyond the EEZ are referred to as the high seas in
the LOSC. Seabed beyond a coastal State’s EEZs and Continental Shelf claims is known
under the LOSC as the Area. The LOSC states that the Area is considered “the common
heritage of all mankind”12 and is beyond any national jurisdiction.
States can conduct activities in the Area so long as they are for peaceful purposes, such as
transit, marine science, and undersea exploration. Resources are a more complicated
matter. Living resources, such as fish, are available for exploitation by any vessel from any
State. Although the LOSC does not impose any limitations on fishing in the high seas, it
encourages regional cooperation to conserve those resources and ensure their sustainability
for future generations.
25. Non-living resources from the Area, which the LOSC refers to as minerals, are handled
differently from fish, since mineral extraction projects are capital intensive to build and
administer. To maintain such projects without national control, LOSC created the
International Seabed Authority, referred to as the Authority in the LOSC document. This
international body, headquartered in Jamaica, is responsible for administering these
resource projects through a business unit called the Enterprise. The Enterprise was
organized to be governed much like a public-traded corporation with a Council
(functioning as an Executive Committee) and a Secretariat (which handles day-to-day
administration). As an international body, the Authority also includes an Assembly of
representatives from each nation which functions like a large Board of Directors. Unlike a
publicly traded corporation, the Assembly is the supreme body for setting policy in the
Authority. Since the ratification of the LOSC, there has been limited activity in relation to
these provisions
26. Conventions on the law of sea
Law of the Sea Conventions, 1958
- Convention on the Territorial Sea and the Contagious Zone
- Convention on the High Seas
- Convention on Fishing and Conservation of the Living
Resources of the High Seas
United Nations Convention on the Law of the Sea (UNCLOS), 1982
