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What is the law of the sea?
The law of the sea is a body of customs, treaties, and
international agreements by which governments
maintain order, productivity, and peaceful relations on
the sea. Notable in the development of the law of the sea
are a number of international conventions signed in the latter
half of the 20th century. The United Nations (UN) held its
first Conference on the Law of the Sea (UNCLOS I) in 1956,
which resulted in a 1958 Convention. The final conference,
held in Montego Bay, Jamaica, in 1982, resulted in the 1982
Law of the Sea Convention (LOSC). The LOSC came into
force in 1994 upon receiving the necessary number of UN
signatories. While the United States ratified the 1958 Convention, as of late 2013, it had not
become a party to the 1982 Convention. The United States recognizes that the 1982
Convention reflects customary international law and complies with its provisions.
International Laws - This refers to the rules and principles that states have agreed upon
to govern their relations with one another
TABLE 1 FIGURE
Basic Principles
of Treaties
Meaning
"Pacta tertiis nec nocent nec
prosunt"
Latin phrase in international law that
means "agreements between states do not
Harm or benefit third parties." This
principle is also known as the "principle of
Non-affectation" or "principle of third-party rights. “ A
treaty is only binding on
the parties who have signed and ratified it,
and it does not affect the legal rights and
obligations of third parties who are not
Part of the treaty.
"Pacta sunt servanda" is a Latin phrase that
means "agreements must be kept" or "treaties
Must be respected." This principle is one of the
Fundamental principles of international law.
States must fulfil their obligations under treaties
that they have entered into, and must interpret
and apply the provisions of those treaties in
Good faith. This principle also means that
treaties must be respected by all parties, and
cannot be unilaterally terminated or modified
Without the consent of all parties.
"Rebus sic stantibus" is a Latin phrase that
Means "things thus standing" or "as things stand." It
is a principle of international law that allows a state
to terminate or suspend its obligations under a treaty
if there is a fundamental change in circumstances
That existed at the time the treaty was concluded.
The principle of rebus sic stantibus is a narrow
exception to the principle of pacta sunt servanda,
which generally requires states to uphold their treaty
obligations. The principle of rebus sic stantibus is
only applicable in exceptional circumstances, and
states must demonstrate that the change in
circumstances is fundamental, unforeseen, and
Beyond their control.
Principle of free consent States must enter into a treaty voluntarily and with
their full consent, without coercion or
Undue influence.
Principle of good faith States must perform their obligations under the
treaty in good faith, with the intention of
Fulfilling the objectives of the treaty.
Principle of non-discrimination States must not discriminate against other
parties to the treaty on the basis of race,
Sex, religion, or any other grounds.
Principle of state responsibility States are responsible for the conduct of their
officials and agents in relation to the
treaty, and can be held accountable for
Any breach of the treaty.
TABLE 2. STATE
Creation of states
(The creation of a new state is a complex process that can involve legal, political, and
social factors, and may require the recognition of other states in the international
community)
prescription is a principle that can be used to
acquire sovereignty over territory or rights
through
The passage of time. The principle of
prescription is
based on the idea that if a state or an
individual has
been in continuous and peaceful
possession of a
territory or a right for a certain period of
time, then
they have acquired a valid claim to that
territory or
Right.
Cession Is the transfer of territory or sovereignty
from one state to another? Cession can
occur through various means, such as
through a treaty, agreement, or other
legal instrument. Ex. transfer of
sovereignty over the island of Hong Kong
from the United Kingdom to China was
achieved through a cession agreement
that included provisions for the protection
of the rights of the population of Hong
Kong
Accretion refers to the gradual and natural growth
of
land along a coastline or a riverbank,
which results in the
Expansion of a state's territory. Accretion
can occur due
to the deposition of sediment, soil, or
other materials, as
well as through the shifting of water
channels and the
Natural process of erosion. Accretion is
distinct from
artificial land reclamation, which involves
the deliberate
creation of new land by depositing soil,
rock, or other
Materials in a body of water.
conquest is generally considered illegal under
international law, and is not recognized
as a
legitimate means of territorial acquisition
Conquest refers to the acquisition of
territory or
sovereignty by a state through the use of
force or
Coercion against another state.

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Ayumi_Activity.docx

  • 1. What is the law of the sea? The law of the sea is a body of customs, treaties, and international agreements by which governments maintain order, productivity, and peaceful relations on the sea. Notable in the development of the law of the sea are a number of international conventions signed in the latter half of the 20th century. The United Nations (UN) held its first Conference on the Law of the Sea (UNCLOS I) in 1956, which resulted in a 1958 Convention. The final conference, held in Montego Bay, Jamaica, in 1982, resulted in the 1982 Law of the Sea Convention (LOSC). The LOSC came into force in 1994 upon receiving the necessary number of UN signatories. While the United States ratified the 1958 Convention, as of late 2013, it had not become a party to the 1982 Convention. The United States recognizes that the 1982 Convention reflects customary international law and complies with its provisions. International Laws - This refers to the rules and principles that states have agreed upon to govern their relations with one another TABLE 1 FIGURE Basic Principles of Treaties Meaning "Pacta tertiis nec nocent nec prosunt" Latin phrase in international law that means "agreements between states do not Harm or benefit third parties." This principle is also known as the "principle of Non-affectation" or "principle of third-party rights. “ A treaty is only binding on the parties who have signed and ratified it, and it does not affect the legal rights and obligations of third parties who are not Part of the treaty. "Pacta sunt servanda" is a Latin phrase that means "agreements must be kept" or "treaties Must be respected." This principle is one of the Fundamental principles of international law. States must fulfil their obligations under treaties that they have entered into, and must interpret and apply the provisions of those treaties in Good faith. This principle also means that treaties must be respected by all parties, and cannot be unilaterally terminated or modified Without the consent of all parties.
  • 2. "Rebus sic stantibus" is a Latin phrase that Means "things thus standing" or "as things stand." It is a principle of international law that allows a state to terminate or suspend its obligations under a treaty if there is a fundamental change in circumstances That existed at the time the treaty was concluded. The principle of rebus sic stantibus is a narrow exception to the principle of pacta sunt servanda, which generally requires states to uphold their treaty obligations. The principle of rebus sic stantibus is only applicable in exceptional circumstances, and states must demonstrate that the change in circumstances is fundamental, unforeseen, and Beyond their control. Principle of free consent States must enter into a treaty voluntarily and with their full consent, without coercion or Undue influence. Principle of good faith States must perform their obligations under the treaty in good faith, with the intention of Fulfilling the objectives of the treaty. Principle of non-discrimination States must not discriminate against other parties to the treaty on the basis of race, Sex, religion, or any other grounds. Principle of state responsibility States are responsible for the conduct of their officials and agents in relation to the treaty, and can be held accountable for Any breach of the treaty. TABLE 2. STATE Creation of states (The creation of a new state is a complex process that can involve legal, political, and social factors, and may require the recognition of other states in the international community) prescription is a principle that can be used to acquire sovereignty over territory or rights through The passage of time. The principle of prescription is based on the idea that if a state or an individual has been in continuous and peaceful possession of a
  • 3. territory or a right for a certain period of time, then they have acquired a valid claim to that territory or Right. Cession Is the transfer of territory or sovereignty from one state to another? Cession can occur through various means, such as through a treaty, agreement, or other legal instrument. Ex. transfer of sovereignty over the island of Hong Kong from the United Kingdom to China was achieved through a cession agreement that included provisions for the protection of the rights of the population of Hong Kong Accretion refers to the gradual and natural growth of land along a coastline or a riverbank, which results in the Expansion of a state's territory. Accretion can occur due to the deposition of sediment, soil, or other materials, as well as through the shifting of water channels and the Natural process of erosion. Accretion is distinct from artificial land reclamation, which involves the deliberate creation of new land by depositing soil, rock, or other Materials in a body of water. conquest is generally considered illegal under international law, and is not recognized as a legitimate means of territorial acquisition Conquest refers to the acquisition of territory or sovereignty by a state through the use of force or Coercion against another state.