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Divine Right Theory – holds that the state is of divine creation and the ruler is ordained

by God to govern the people


- Necessity or force theory – maintains that states must have been created
through force
- Paternalistic theory – attributes the origin of states to the enlargement of the
family
- Social Contract theory – asserts that the early states must have been formed by
deliberate and voluntary compact among people to form a government of their
own
Maritime Regions
- Maritime Security Regimes are codes and conventions of behavior agreed
upon by coastal states to provide a degree of security within territorial waters and
on the high seas.
- Nicaragua vs Columbia (2012, ICJ) – the ICJ considered the definition in
international law of islands and associated maritime features, their
entitlements to maritime zones, and the impact of these features upon maritime
boundary delimitation between two states with joint claims over a maritime
area A low-tide elevation creates no territorial sea, exclusive economic zone
(EEZ), or continental shelf, and cannot be claimed as territory in its own right. It is
legally part of the seabed and its only real effect on the maritime regime is that, if
it lies within the 12 nautical mile territorial sea of another feature, it can be
considered the baseline from which that rock or island’s entitlements are
measured.
- A rock, which is distinguished from an island by not being able to sustain
independent human habitation or economic life, generates a territorial sea but no
EEZ or continental shelf.
- A low-tide elevation cannot be made into a rock or island—the relevant article of
the UN Convention on the Law of the Sea is explicit that the latter two must
be “naturally formed” above water at high-tide. And while no court has yet ruled
on the matter, there is broad consensus among legal experts that a rock cannot
be made into an island. What matters is the original status of the feature, not
what it is made into.
Doctrine of operative fact
- An exception to the general rule (that a void law or administrative act cannot be
the source of legal rights or duties), such that a judicial declaration of invalidity
may not necessarily obliterate all the effects and consequences of a void act
prior to such declaration.

Sea lane passage


- Archipelagic sea lane passage refers to the exercise in accordance with the 1982
UNCLOS of the rights of navigation and overflight in the normal mode solely for
the purpose of continuous, expeditious and unobstructed transit between one
part of the high sea or an exclusive economic zone (EEZ) and another part of the
high sea or an EEZ.
Right to innocent passage
- Under Article 19 of the UNCLOS III it is defined “Passage is innocent so long as
it is not prejudicial to the peace, good order or security of the coastal State."
Such passage shall take place in conformity with this Convention and with other
rules of international law. The right of innocent passage of foreign ships through
the territorial waters of a coastal state is one of the oldest and most universally
recognized rules of public international law.
Air route
- Air route" refers to the navigable airspace between two points and the terrain
beneath such airspace identified, to the extent necessary, for application of flight
rules. (Civil Aviation Authority Act of 2009)
Doctrine of operative fact
- An exception to the general rule (that a void law or administrative act cannot be
the source of legal rights or duties), such that a judicial declaration of invalidity
may not necessarily obliterate all the effects and consequences of a void act
prior to such declaration.

Sea lane passage


- Archipelagic sea lane passage refers to the exercise in accordance with the 1982
UNCLOS of the rights of navigation and overflight in the normal mode solely for
the purpose of continuous, expeditious and unobstructed transit between one
part of the high sea or an exclusive economic zone (EEZ) and another part of the
high sea or an EEZ.
Right to innocent passage
- Under Article 19 of the UNCLOS III it is defined “Passage is innocent so long as
it is not prejudicial to the peace, good order or security of the coastal State."
Such passage shall take place in conformity with this Convention and with other
rules of international law. The right of innocent passage of foreign ships through
the territorial waters of a coastal state is one of the oldest and most universally
recognized rules of public international law.
Air route
- Air route" refers to the navigable airspace between two points and the terrain
beneath such airspace identified, to the extent necessary, for application of flight
rules. (Civil Aviation Authority Act of 2009)
Doctrine of operative fact
- An exception to the general rule (that a void law or administrative act cannot be
the source of legal rights or duties), such that a judicial declaration of invalidity
may not necessarily obliterate all the effects and consequences of a void act
prior to such declaration.

Sea lane passage


- Archipelagic sea lane passage refers to the exercise in accordance with the 1982
UNCLOS of the rights of navigation and overflight in the normal mode solely for
the purpose of continuous, expeditious and unobstructed transit between one
part of the high sea or an exclusive economic zone (EEZ) and another part of the
high sea or an EEZ.
Right to innocent passage
- Under Article 19 of the UNCLOS III it is defined “Passage is innocent so long as
it is not prejudicial to the peace, good order or security of the coastal State."
Such passage shall take place in conformity with this Convention and with other
rules of international law. The right of innocent passage of foreign ships through
the territorial waters of a coastal state is one of the oldest and most universally
recognized rules of public international law.
Air route
- Air route" refers to the navigable airspace between two points and the terrain
beneath such airspace identified, to the extent necessary, for application of flight
rules. (Civil Aviation Authority Act of 2009)