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International Covenant on Civil and Political Rights includes:

  • right to life, liberty and security of person

  • right for privacy and property

  • right to marry and find family

Habeas corpus is a writ (court order) that requires a person under arrest to be brought before a judge or into court. The principle of habeas corpus ensures that a prisoner can be released from unlawful detention—that is, detention lacking sufficient cause or evidence.

The procedure for issuing a writ of habeas corpus was first codified by the Habeas Corpus Act 1679.

10. Государство как субъект международного права. Границы, права, обязанности государств. Признание суверенитета государств.

States are the most important and most powerful of the subjects of international law.

Accordint to the Montevideo Convention on the Rights and Duties of States (1933), state as a person of international law should possess the following qualifications:

  • a permanent population

  • a defined territory

  • a government

  • a capacity to enter into relations with the states

4 qualifications + 5-th qualification (the recognition of the Security Council of the UN) make a state in a modern shape. Before any new state can be formally recognized, it has to meet the approval of the UN General Assembly (it needs the consent of the Security Council). 9 of 15 members should vote for, including 5 permanent members

Kosovo - not recognized by Russia and China

The republic of Somaliland - not recognized by any state

Abkhazia, South Ossetia, Nagorno-Karabakh and Trandniester - acknowledge each other’s status, but this is not shared by the rest of the world.

Taiwan - not recognized by China

The Turkish Republic of Northern Cyprus - only recognized by Turkey

11. Международное морское право. Правовой режим прибрежных зон. Проблема морского пиратства

The law of the Sea: legal regime of coastal zones

The 1982 Convention on the Law of the Sea (entered into force in 1994):

  • defines the rights and responsibilities of nations in their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources.

  • sets the limit of various areas, measured from a carefully defined baseline:

  • Normally, a sea baseline follows the low-water line, but when the coastline is deeply indented, has fringing islands or is highly unstable, straight baselines may be used

Internal waters:

  • rivers, lakes, sea waters within baselines

  • full and exclusive sovereignty of the State

  • no right of innocent passage

The territorial sea:

  • breadth limit – 12 nautical miles from baseline

  • complete sovereignty of the coastal State (along with airspace, seabed, and subsoil)

  • right of innocent passage of foreign merchants' ships and warships

The contiguous zone:

  • up to 24 nautical miles from the baselines

  • coastal State may enforce laws in four specific areas: pollution, taxation, customs, and immigration.

The exclusive economic zone

  • extends to 200 nautical miles

  • coastal State has sole exploitation rights over all natural resources

  • freedom of navigation and overflight

The continental shelfseabed and subsoil extending beyond territorial sea throughout the natural prolongation of the land territory

  • not more than 350 nautical miles from baselines

  • exclusive control over living resources "attached" to the continental shelf, but not to creatures living in the water column beyond the exclusive economic zone.

High seas:

  • free for every State, is province of all mankind (res communis omnium)

  • freedoms of navigation and overflight,

  • laying submarine cables and pipelines,

  • fishing, scientific research,

  • constructing artificial islands and other installations (if permitted by international rules)

Landlocked states are given a right of access to and from the sea, without taxation of traffic through transit states.

The right of hot pursuit ceases as soon as the pursued vessel enters territorial waters of its state or territorial waters of the third state.