Which of the following statements is true?
– In terms of international law, servitude exists where the territory of one state is under a particular restriction in the interests of the territory of another state, as has arisen in relation to fishing rights in the Red Sea.
– Before launching an orbiting satellite, a state needs to obtain the permission of all states that lie under the satellite?s orbital path.
– Certain equatorial states have claimed sovereignty over parts of the geostationary synchronous orbit.
2- ACCRETION IN THE PACIFIC
Bora Gora and Fenua Ua are Pacific island states. Bora Gora lies exactly 400 nautical miles directly north of Fenua Ua. Up until recently both states accepted that theboundary between their respective exclusive economic zones lay at a point equidistant between the two islands (ie 200 nautical miles south of Bora Gora and 200 miles north of Fenua Ua). However, in April 2011 volcanic activity on the seabed pushed up a new island 100 nautical miles directly south of Bora Gora. Although Fenua Ua has recognised Bora Gora?s claim to the new island, Fenua Ua is denying that this act of accretion has affected the delineation of either state?s exclusive economic zone.
Both states have made declarations under Art 36(2) of the Statute of the International Court of Justice (ICJ). The operative part of Bora Gora?s declaration, which was deposited with the Court on 20 May 2012, reads as follows:
Bora Gora recognises as compulsory ipso facto and without special agreement, in relation to any other State accepting the same obligation, and on condition of reciprocity, the jurisdiction of the International Court of Justice in conformity with 2paragraph 2 of Article 36 of the Statute of the Court, until such time as notice may be given to the Secretary-General of the United Nations withdrawing this declaration. This declaration is effective immediately.
This declaration does not apply to any dispute relating to the delimitation of maritime zones, including exclusive economic zones.
The first paragraph of the operative part of Fenua Ua?s declaration is identical to that of Bora Gora (except that ?Bora Gora? is replaced with ?Fenua Ua?). However, the second paragraph of Fenua Ua?s declaration is different from that of Bora Gora, in that it reads:
This declaration does not apply in relation to disputes arising out of events occurring within twelve months of the acceptance of the Court’s compulsory jurisdiction by any other party to the dispute.
You are legal adviser to the government of Fenua Ua. Your prime minister is concerned to hear that Bora Gora is planning to commence proceedings in the International Court of Justice in an attempt to redefine the boundary between your two states? exclusive economic zones. What is the best legal advice to give your client?
A. States either accept the ICJ?s jurisdiction in its entirety or not at all. They cannot exclude certain types of dispute. We shall have to accept the fact that the ICJ can hear Bora Gora?s claim.
B. States either accept the ICJ?s jurisdiction in its entirety or not at all. They cannot exclude certain types of dispute. Both of our declarations are therefore invalid, which means that the ICJ does not have jurisdiction to hear Bora Gora?s claim.
C. States either accept the ICJ?s jurisdiction in its entirety or not at all. They cannot exclude certain types of dispute. The second paragraph of Bora Gora?s declaration under Article 36(2) of the ICJ Statute is therefore invalid and the ICJ can hear Bora Gora?s claim.
D. It is unfortunate that the new island appeared more than 12 months prior to Bora Gora?s acceptance of the ICJ?s jurisdiction. That prevents us from successfully challenging the ICJ?s jurisdiction in relation to this dispute.
E. Even though the new island appeared more than 12 months prior to Bora Gora?s acceptance of the ICJ?s jurisdiction, we should be able to successfully challenge the ICJ?s jurisdiction in relation to this dispute.
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