LAWS 2601 Lecture Notes - Continental Shelf, Exclusive Economic Zone, Res Nullius
7 Jul 2014
School
Department
Course
Professor
Document Summary
Sovereignty is the essential element of a state. 4 types of relationship between state and territory: sovereign state territory it"s clear, this is my territory, res communis not and may not be incorporated in the future into a state. Can reap the benefits of what is in the res communis. Everyone can use it: res nullius territory that no one has yet acquired, common heritage of humankind controversial and newish category of law. Has same essential characteristics of res comminus but, res communis, for example, allows that any state might actually take advantage of it. Whereas the common heritage of humankind says if this area is exploited, benefits have to go to everybody. Cardinal rule is about relative strength of claim with respect to any disputed element. Intertemporal rule any dispute about sovereignty over a particular element will probably look at history of what has happened on that territory.
