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Lease
A Sovereign state may lease its territory to
another sovereign state on certain
conditions; Ex: in 1898 China leased Hong Kong to
Great Britain for period of 99 years; Great
Britain handed over Hong Kong to china in
1997
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Pledge
A sovereign state may pledge its territory
by way of security;
Ex: in 1768, the Republic of Geneopledged the Island of Corsica to France
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Plebiscite
Consent of the people expression of will
by direct vote of a whole community on a
public issue, especially one concerningchange of government or Constitution
Ex: Soviet Russia was split into 15
separate states by means of plebiscite;
East Germany and West Germany were
united by plebiscite;
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Purchase
A Sovereign state may sell some of its
territories to another country;
Ex:Soviet Russia sold Alaska to US in 1868
Britain purchased Louisiana from France
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Acquiescence, Recognition &
Estoppel Acquiescence failure to protest
Granting of recognition stops the claimant fromclaming the title ;
Extoppel rule of evidence, when party makes astatement of fact and another party takes someaction in reliance on that statement, the courtswill not allow the first party to deny the truth of
his statement if the party who acted in relianceon the statement would suffer some detriment inthe event of the statement being proved to befalse
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Modes of Loss of Territory
Cession
Subjugation
Operation of nature
Prescription
Abandonment
Revolt
Granting independence to a Colony byimperialist state
Purchase
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Airspace Law
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The Chicago Convention, 1944
Recognized exclusive sovereignty of al, States over theirairspace;
Two types of aircrafts
(1) Civil aircraft for civil aviation only i.e travelingpassengers;
(2)State aircraft used in military, customs and policeservices
Art.6 provided that civil aircraft need not require nay
permission from the host state but the State aircraftshould get prior permission to land in host state;
52 States participated;
Failed to reach agreement on granting reciprocal rights;
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Supplementary Agreements
Chicago International Air Services Traffic
Agreement, 1944
Chicago International Air TransportAgreement, 1944
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Chicago International Air Services Traffic
Agreement, 1944
( Two Freedoms Agreement)
Refers to transit rights of states;
(1) the privilege of flying across its
territories without landing; (2) the privilege of landing for non-traffic
purposes ( refueling, maintenance etc)
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Chicago International Air Transport
Agreement, 1944
(Five Freedoms Agreement) (1) the privilege of flying across its territories without landing;
(2) the privilege of landing for non-traffic purposes ( refueling, maintenanceetc)
(3) privilege of putting down passengers, mail & cargo
taken on in the territory of the sates whose nationalitythe aircraft possess;
(4) privilege of putting taking passengers, mail & cargodestined for the territory of the sates whose nationalitythe aircraft possess;
(5) privilege of taking on passengers , mail and cargodestined for the territory of nay other contracting stateand the privilege to put down passengers., mail andcargo coming from any such territory
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International Civil Aviation Organization
(ICAO) Created in Chicago conference;
UN specialized agency based in Canada,which concentrates upon technical andadministrative cooperation between statesin the field of civil aviation;
Aims and objectives are to develop the
principles and techniques of internationalnavigation and to foster the planning anddevelopment of international air transport;
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Unauthorized aerial intrusion and
the drowning of Civilian airliners States adhere to the principle of respect
for territorial sovereignty & unauthorized
over flight would justify interception and a
demand to land ( ICJ in Nicaragua v US)
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Israeli Jets Shot down a Libyan
airliner In 1973, Libyan airliner strayed into Israeli-
occupied Sinai region & was shot down;
Israel contended that airliner was warnedto land but refused to comply;
After investigation ICAO, Israeli's action
was condemned & declared that such
actions constitute a serious danger against
the the safety of international civil aviation
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Soviet jets shot down Korean
Airplane On 1st Sep 1983 Korean airplane strayed
several hindered miles into sensitive Sovietairspace and was shot down causing the deaths
of 269 persons; USSR vetoed a draft Security Council resolution
which reaffirmed the rules of international lawprohibiting acts of violence against the safety ofinternational civil aviation;
In 1984 , an amendment was made to Art.3 ofChicago Convention
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Art.3(a) bis Chicago Convention
The contracting states recognize thatevery state must refrain from resorting tothe use ofweapons against the civil
aircraft in flight and that in case ofinterception, the lives of persons on boardand the safety of aircraft must not beendangered. This provision shall not be
interpreted as modifying in any way therights and obligations of states set forth inthe Charter of UN.
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Lissitzyn Doctrine
in its efforts to control the movements of
intruding aircraft the territorial sovereign
must not expose the aircraft and its
occupants to unnecessary or
unreasonably great danger- that is, in
relation to the reasonably apprehended
harmfulness of the intrusion..
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Lissitzyn Doctrine
It implies that a state must not attack an
intruding aircraft unless it has reason to
suspect that the aircraft constitutes a real
threat to its security;
It also implies that a warning to land or
change course should be given before the
aircraft is attacked;
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Iran-Iraq war (1980-88)
US warship, Vincennes in an engagement with
Iranian gunboats in the Persian Gulf, believing it
was being attacked from the air, shot down
Iranian Air Flight, killing 290 passengers from 6countries & crew members;
US offered ex gratia payment but Iran refused;
Matter was settled by ICJ with higher
compensation
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