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WG 5 PIL

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Lecture notes of 4 pages for the course Public International law at UL (WG 5 PIL)

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Assignments week 5 uitwerkingen

Part A: True/False Questions
1. A Coastal state enjoys exclusive criminal jurisdiction on foreign ships
in its territorial waters and in its internal waters.

The core legal question is whether a coastal state enjoys exclusive
criminal jurisdiction on foreign ships in its territorial waters and in its
internal waters. Relevant is art. 27 UNCLOS. This article states that only
under specific, circumstances a state should exercise criminal jurisdiction
on foreign ships, despite the fact that it is in their territorial waters. This
statement is False.


2. Both rocks and low-tide elevations have territorial seas of their own.

The core legal question is whether both rocks and low tide elevations have
territorial seas of their own. Art. 13 and art. 121 UNCLOS is relevant.
Art. 13 gives a definition of low-tide elevations and that it has no territorial
sea on its own.
Art. 121 refers to rocks and states and that it does not have any exclusive
economic zone or continental shelf but is does have a territorial sea on its
own. This statement is False.

3. In order to achieve an equitable solution for the delimitation of
maritime zones, the ICJ has attributed particular weight to
geographical considerations.

The core legal question is whether the ICJ has attributed particular weight
to the geographical considerations, in order to achieve an equitable
solution for the delimitation of maritime zones. Art. 15 UNCLOS regulates
the delimitation of the territorial sea between states with opposite of
adjacent coasts. It states that there must be a solution which is
equidistant from the nearest points on the baselines from which the
breadth of the territorial seas of each of the two states is measured. A
case that discloses this is the North Sea Continental Shelf Case. This
statement is true.

4. The state parties to UNCLOS agree that any dispute relating to the
interpretation and application of UNCLOS must be submitted to the
ITLOS.

The core legal question is whether the state parties to UNCLOS agree that
any disputes relating to the interpretation and application of UNCLOS must
be submitted to the ITLOS. Art. 279 UNCLOS regulates that disputes
should be settles by peaceful means. Art. 287 UNCLOS states that there is
a choice of procedure for dispute settlement. This Statement is False.

Part B: Problem questions

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