LLB141 Lecture 10: Introduction to International Law Workshop 10 - The Law of the Sea
Document Summary
A contest between freedom of the seas vs dominion over the seas. Freedom of the seas: no state may claim sovereignty over the seas. Dominion over the seas: states may claim sovereignty over the seas. Roman jurists the sea is communte omnium (common property) Middle ages states claimed sovereignty over the seas. Pope issued bull inter caetera of 4 may 1493. Established a straight line from north pole to south pole. All territory discovered west of line belonged to spain. All territory discovered east of line belonged to portugal. Spain and portugal concluded treaty of tordesillas on 7 june 1494 (gave effect to bull. Flag state jurisdiction: a state"s right to exercise jurisdiction over ships that fly its flag. Coastal state jurisdiction: a state"s right to exercise jurisdiction based on proximity of its coast. Universal jurisdiction: jurisdiction that all states may exercise. A state may exercise jurisdiction over a vessel that flies its flag.
