SPPU LAW NOTES

  TERRITORY: LAW OF THE SEA - Yogesh Jain Law of Sea defines rights and liabilities of a nation with respect to the world's oceans. The rights and liabilities may be related to business, environment, maritime resources or boundaries.  Importance of the Sea Medium of communication Contain vast natural resources Grotius – elaborated the doctrine of the open seas which considers the high seas as res communis accessible to all The doctrine recognized as permissible the delineation of a maritime belt by littoral ( relating to or situated on the shore of the sea or a lake) states as an indivisible part of its domain  Maritime belt = territorial sea Archipelago – means 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 int...

JURISDICTION BASED ON NATIONALITY.  In law, nationality refers to the membership of a nation or a sovereign state in addition to the political rights and other privileges accompanied with it. E.g., American Indians were referred to as non-citizen nationals before the Native American Citizenship of 1924 was passed. Often confused with citizenship, nationality is a different concept. Individual persons, corporations, ships and aircrafts, all have a nationality, but for legal purposes only. The UNs Universal Declaration of Human Rights (1948) stated that nationality is an inalienable right of every human being, and no one shall be deprived of his/her citizenship. It is nationality which brings all the individuals under the purview of international laws. Main theories related to Nationality. Active Nationality Theory  Generally deemed non-controversial, it states that a state enjoys the right to exercise its jurisdiction over its nationals, even when they are in a foreign terri...