TERRITORIAL SOVEREIGNTY OF STATES | TERRITORIAL RIVERS | AIR TRAVEL RULES | TECHNOLOGY RULES



Territorial sovereignty
            The concept o sovereignty is based on the internal supremacy of the government as an institution and the external supremacy of the state as a legal person. Sovereignty is premised on the existence of territory without which the legal person/entity cannot be a state. The existence of territory is the most basic characteristic of a state which is most widely accepted and under stood. The ascertain of sovereignty denotes that a state exercise jurisdiction over persons and properties within her territory to the exclusion of other states. Sovereignty in the relationship between states signifies independence of one state as regards the portion of the earth which is her right to exercise therein to the exclusion of any other state, the functions of a state. States territorial sovereignty may be acquired through the following ways:


1.         Occupation:  this involves establishing of sovereignty over territory not under the authority of any other state. In this situation, the principle of effectiveness is very important  the desire to occupy must be accompanied by the capability to occupy. The occupation must be peaceful, valid and continuous. There must be bong evades of occupation continuous. There must be long deceases of occupation and there must be no challenge to that occupation the occupied territory must also be peaceful. Occupation must be by a state and not by private individuals, occupation is often preceded by discovery, that is the realisation of a particular piece of land. Discovery must be accompanied a by a more symbolic act of taking possession either by raising of flags or by solemn proclamations or more elaborate ritual expressions. The key issue in occupation is that the act must be effective, peaceful and actual.

2.         Annexation:  Annexation may occur where a territory has been conquered or subjugated by an another state through the use of force. The act of defeating an opponent and occupying all or part of its territory, under international law is regarded as the rights of belligerent occupation. Sovereignty under such conditions does not pass to the occupying force but remain the legal possession of the ousted sovereign. The territory which has been annexed must be in a position of vital subordination to the annexing state by the time the annexation took place. The most common type of annexation is that of war where the conqueror annexed in whole or a part of the conquered. Japan annexed Korea following its defeat of Russia in 1905 and held unto it until its own defeat in world war II. Annexation is now longer acceptable under international law where it results from aggression. 

3.         Accretion – This describes a geographical process by which new land is formed and becomes attached to the existing land. This is more or less a natural occurrence. It may occur over a long period of time. It does not happen often. The rise of islands along coasts and coastal areas could became an integral part of the nearest state. Also a change in the direction of a boundary river may leave dry land where it previously flowed. The drying up of a river or the recession of the sea could also create dry land. Accretion could occur in form of a volcanic eruption. In 1986, an island emerged in the Pacific ocean caused  by the corruption of an under-sea volcano. International accepted that the island hearing emerged within the territorial seas of the Japanese Island of Iwo Jima is a Japanese territory. Accretion is allowed by international law because these is no act of aggression involved. 

4.         Prescription:  This is the result of the peaceful exercise of de-facto sovereignty for a very long period over a territory subject to the sovereignty of another state. If a state has subject to the sovereignty of another state. If a state has been able to acquire title over a territory of another state without being challenged over a period of time, such territory is described as acquisition by prescription. Time or acquisition is illegal and unacceptable by international law. Britain gained control of the talk land is lands through this process.

5.         Cession:  This is an act of leeching property or rights thereof  by mutual agreement form one sovereign to another. Cession often takes place within the framework. Of a peace treaty often a war or for economic reasons. It may occur voluntarily or under duress. The orderly transfer of power from a colonial authority to an indigenous authority is also a form of cession. When cession of territory takes place, the new sovereign must respect the right of third parties if there are any involved, for instance, the right of passage over the territory. Austiaceded vernice to France in 1866 and France shortly afterwards ceded the territory to Italy. Alska was purchased form Russia by the US in 1867, while Denmark sold a large chunk of its territories in the West Indies to the US in 1916. China was forced to cede Hongkang to Ritain in 1i87 after the opium War for a period of one hundred years. The Chinese state eventually took back control of Hougkong in 1997.

State sovereignty over the air space
            Before the World War I, there was less speculation and controversy over the supremacist territory (air space) of a state. The original understanding was usage ad column concept that states have unlimited sovereignty over her airspace. It was also accepted that the air space was free and of no great consequence until the discovery of the balloon. This was followed with the subsequent discovery of the aeroplane which was considered a revolution because of the rational questions it brought so the right of absolute sovereignty of a state over her territorial airspace. It was also accepted that the air space was free and of no great consequence until the discovery of the balloon. This was followed with the subsequent discovery of the aeroplane which was considered a revolution became of the rational questions it brought on the right of absolute sovereignty of a state over her territorial airspace. This led to series of multilateral and bilateral conventions and agreements on the need for airlines to cross and land in the territory of other contracting states under recognized conditions and in the light of the accepted regulations.
            The Paris convention of 1999 on air navigation agreed that every state must maintain absolute sovereignty over her airspace but that provisions has to be made for air traveling.

The international civil Aviation conference held in Chicago in 1944 came up with five basic rights or rules governing air travel.
1.         The right to fly over a foreign territory without landing.
2.         The right to land for non- traffic purposes-such as refueling, breakdown/maintenance, bad weather and general emergency or distress purposes:
3.         Freedom to disembark in a foreign country traffic originating in the state of origin of the aircraft.
4.         The right to pick up in a foreign country traffic destined for the state of origin of the air craft.
5.         The right of carry traffic between two foreign countries.
            The international civil Aviation organization emerged in 1947 as a permanent body on aviation issues. The 1919 conference also contained the permission required before an aircraft can fly over the territory of another state. Such permission is required to guarantee the safety of the aircraft as used as that of the state whose territory is being used. An aircraft can be shot down or ordered to go back it if fails to obtain adequate permission. In 1988, a Nigeria aircraft conveying Olympic athletes to Seoul was nearly shot down over Pakistani airspace for failure to obtain adequate permission.
            The fact that an aircraft is permitted to fly over a territory does not mean such a flight is random or indiscriminate. The aircraft has to follow a strictly allotted air route or comid or during an over flight. The reasons are both for the security o the state and the safety of the aircraft. Each state has it =s sensitive areas where it wishes to protect from prying eyes. This could be security zones, unclear planed, research centres, military establishment and other institutional establishments that needed seclusion. Taking of photographs or the display of undue interest is not allowed. The aircraft is kept under constant watch and is immediately called to order if it deviates form a normal flight schedule. The control tower keeps steady watch over aircrafts within its territory. Aircrafts are required to keep strictly to their allocated. Air crafts are required to keep strictly to their allocated corridor in order also to avoid collision with other aircrafts using the same airspace. The airspace is burier than most high ways or mooneyes and carelessness or slight deviation from the flight plan could lead to disaster. According to a recent report, there are about 500,000 aircrafts in the air at any given time ref.

Space technology and the outer space
            The issue of air space sovereignty and the concept of ague and column has been greatly affected by space technology since the end of world War II. This has lead to the great question of the outer space and the upper strata of the superjacent space. With the launching of a satellite into space by the soviet union in 1957, space exploration have developed and expanded of a terrifying ratter. Space excursions have been made to them on and other planets like Venus and Saturn’s, leading to scientific interest in areas such as earth resources, ionosphere activities, solar radiation, cosmic rays and the general structure of space an planet formations ref.
            This immense level of activity in outer space has led to the need to develop the law of the outer space, aimed at regulating the interest of the various states involved while taking into account the general well being of the rest of humanity. In 1963, the UN General Assembly adopted a resolution entitled. The Declaration of legal principles governing the Activities of states in the exploration and use of outer space. 

Some of the legal principles laid down by the Declaration which were later codified by subsequent protocols and agreements are as follows.
1.         The celestial bodies, mean, star, sun etc, shall not be subject  to national appropriation by any state.
2.         Firing of weapons or setting up an among in the outer space is disallowed. Such bodies should not be used for military purposes or for acts of aggression.
3.         Any State that launches satellites into the orbit should give accurate information concerning its space installation, their purpose, location, parameters, etc
4.         All scientific discoveries and invenstions which occur of the upper strata of the atmosphere is or the general interest of humanity.
5.         States launching satellites into the outer space must do so in a way that will not harm the ecology of the heavens.
6.         the question of communication by satellite was recognised since it facilitates information flow and benefits those states that have the capacity within their reach.
7.         States which launch materials, articles, objects, spaceship, etc into space retain their sovereign rights over those objects.
8.         States are duty bound to facilitate the passage of objects intended for exploration in outer space. This is based on the notion that scientific discoveries on outer levels are for the common good of humanity.
9.         The activities  of non-governmental entities in outer space must be subject to authorisation and supervision by  the appropriate state party to the arrangement.
10.       The 1967 Treaty on Principles governing the Activities of States in the Exploration and Use of outer space does not establish in a precise boundary between airspace and outer space but it provides the framework for the international law of outer space. It has been difficult to determine the point at which the airspace meets the outer space itself but figures between 50 and 100 miles are regarded as a working arrangement.  

Sovereignty over territorial rivers and internal water
            International law accepts that a state has absolute sovereignty over rivers that is wholly within its territory. However, where a river passes through the territories of many countries, the question of ownership or right of control because problematic because of a number of issues.
            It is accepted that each country has sovereignty over that part of the river that runs through its territory. Arising from this is the question of navigation, what is the is the right of the Riparian state? Does its right of navigation stop where its own part of the river ends or can it go on into the waters of other states?
            International law states clearly that the country’s right of navigation ends where its river ends and it wishes to go on, it can only do so based on agreement with its neighbours. The Danube Agreement was entered into by European countries stating that the Dambe River, which runs across Europe, is to be jointly used for economic activities as a mutual basis. The river Nigeria which runs across West Africa serves the same purpose.
            In theory, it  may seen as if a country can do whatever she likes with her own portion of the river but in practice it is not acceptable. International holds that a state must not use its part of the in a way  that will have negative effects on her neighbours part of the river.
            A state can dam the river in her territory only it has direct access to the sea. Nigeria, for instance, has this advantage while Nigeria does not. If Nigeria tries to dam the river, it will affect other countries. Dumping of toxic waste, chemical waste or river poisoning by one country in her part of the river is against international law because it will affect others.
            A states jurisdiction is supposed to extend to the waters, rivers, seas and ocean within her territory. It also extends to ships bearing the flag of the state when it is international waters. If a Nigerian ship anchors in Ghana, the jurisdiction of the Nigerian state holds over the ship and the Guardian authorities conintervene only if the ship was involved in acts inimical to the security of Ghana.
            In the case of a ship flying the flog of a state, such a ship is regarded as a floating island and is a part and parcel of the state whereven it goes. The state whose flag is flown ought  to have a legal relationship over that ship. Liberia and Panama has the largest number of ships flying their flags. This is because their shipping laws are flexible and as such, other  nationals come to Liberia and Panama to register their ships. Consequently, such ships cannot call on their home  governments for protection in time of conflict.
            The parts of a state are natural parts of the state where it is located. In theory, the laws of the state above the port is located is applied, but when outside ships enters, they are governed by two regulations- that of  their home government and that of their host country. By and large, the state that hers territorial sea ports is supposed to allow the rights of innocent passage to ships that did not mean any harm. It mighty have called to collect supplies, or general merchant goods or oil or any other article of commerce.
            Unless the ship flying the flag of a state with which it is at war or which had been banned from their shores, the general rule therefore is that the vessels of other countries has the right to come around peacefully and its jurisdiction should respected as long as it did not interfere with the security of the host state. This is referred to as the right of innocent passage and this right is guaranteed by international law.
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