Professional Documents
Culture Documents
Exceptions:
CHAPTER 8 TERRITORY: LAW OF THE SEA
1.) Sovereign immunity
Importance of the Sea 2.) Diplomatic/consular immunity
Grotius
Convention on the Law of the Sea of 1982 Immunity of Head of State
Territorial Sea Mighell v. Sultan of Johore
Baselines Pinochet Case: Regina v. Bartle and the Commissioner of
Two ways of drawing the Baseline: Police (House of Lords, 1999)
State Immunity
1. Normal baseline The Schooner Exchange v. MacFaddon
2. Straight baseline Dralle v. Republic of Czechoslovakia
USA v. Hon. V.M. Ruiz (Philippines)
Sovereignty over Territorial Sea US v. Hon. Luis Reyes (Philippines)
Right of Innocent Passage Holy See v. Eriberto Rosario, Jr. (Philippines)
Archipelagic Waters How to claim State immunity?
Bays Republic of Indonesia v. Vinzon (2003)
Contiguous Zone Diplomatic and Consular Immunities
Exclusive Economic Zone or Patrimonial Sea Diplomatic Immunities (Vienna Convention on Diplomatic
The Continental (Archipelagic) Shelf Relations 1961)
The Deep Seabed: Common Heritage of Mankind Article I. Who can enjoy diplomatic immunities?
Islands Article III. Functions of the diplomatic mission:
The High Seas Rights and Privileges of the diplomatic mission:
Six Freedoms which High Seas are subject to: Obligations of diplomatic mission:
Hot Pursuit Consuls and Consular Immunities (Vienna Convention on
Settlement of Disputes Consular Relations 1967)
Article V. Consular Functions:
CHAPTER 9 JURISDICTION OF THE STATES Rights and Privileges of the consular mission:
US v. Tehran:
Jurisdiction Immunity of International Organization
1. Legislative jurisdiction The basis of their privileges and immunities is not sovereignty
2. Executive jurisdiction but necessity for the effective exercise of their functions.
3. Judicial jurisdiction The Act of State Doctrine
Underhill v. Hernandez
Civil jurisdiction
TERRITORIALITY PRINCIPLE
Effects Doctrine
1. Subjective Territorial Principle
2. Objective Territorial Principle
NATIONALITY PRINCIPLE
Effective Nationality Link
Corporations