Birth Aboard Aircraft And Ships
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Birth Aboard Aircraft And Ships
The subject of birth aboard aircraft and ships is one with a long history in public international law. The law on the subject is complex, because various states apply differing principles of nationality, namely ''jus soli'' and ''jus sanguinis'', to varying degrees and with varying qualifications. Historical background Before the 1961 convention, a number of states expressly provided, in their laws, that births and deaths aboard an aircraft registered to that state are considered to have occurred on national territory, and thus the nationality laws of that territory apply. One such was § 32(5) of the British Nationality Act 1948. Contemporary laws Under the 1944 Convention on International Civil Aviation, articles 17–21, all aircraft have the nationality of the state in which they are registered, and may not have multiple nationalities. The law of the aircraft's nationality is applicable on the aircraft. However, nationality laws of any country already apply everywhere, si ...
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Public International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutua ...
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International Waters
The terms international waters or transboundary waters apply where any of the following types of bodies of water (or their drainage basins) transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries, rivers, lakes, groundwater systems (aquifers), and wetlands. "International waters" is not a defined term in international law. It is an informal term, which sometimes refers to waters beyond the "territorial sea" of any country. In other words, "international waters" is sometimes used as an informal synonym for the more formal term high seas or, in Latin, ''mare liberum'' (meaning ''free sea''). International waters (high seas) do not belong to any state's jurisdiction, known under the doctrine of 'mare liberum'. States have the right to fishing, navigation, overflight, laying cables and pipelines, as well as scientific research. The Convention on the High Seas, signed in 1958, which has 63 signatories, defined "hi ...
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Aviation Law
Aviation law is the branch of law that concerns flight, air travel, and associated legal and business concerns. Some of its area of concern overlaps that of admiralty law and, in many cases, aviation law is considered a matter of international law due to the nature of air travel. However, the business aspects of airlines and their regulation also fall under aviation law. In the international realm, the International Civil Aviation Organization (ICAO) provides general rules and mediates international concerns to an extent regarding aviation law. The ICAO is a specialized agency of the United Nations. In the United States and in most European nations, aviation law is considered a federal or state-level concern and is regulated at that level. In the U.S., states cannot govern aviation matters in most cases directly but look to Federal laws and case law for this function instead. For example, a court recently struck down New York's Passenger Bill of Rights law because regulation of ...
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United States Department Of State
The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other nations, its primary duties are advising the U.S. president on international relations, administering diplomatic missions, negotiating international treaties and agreements, and representing the United States at the United Nations conference. Established in 1789 as the first administrative arm of the U.S. executive branch, the State Department is considered among the most powerful and prestigious executive agencies. It is headed by the secretary of state, who reports directly to the U.S. president and is a member of the Cabinet. Analogous to a foreign minister, the secretary of state serves as the federal government's chief diplomat and representative abroad, and is the first Cabinet official in the order of precedence and in the pres ...
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Diplomat
A diplomat (from grc, δίπλωμα; romanized ''diploma'') is a person appointed by a state or an intergovernmental institution such as the United Nations or the European Union to conduct diplomacy with one or more other states or international organizations. The main functions of diplomats are: representation and protection of the interests and nationals of the sending state; initiation and facilitation of strategic agreements; treaties and conventions; promotion of information; trade and commerce; technology; and friendly relations. Seasoned diplomats of international repute are used in international organizations (for example, the United Nations, the world's largest diplomatic forum) as well as multinational companies for their experience in management and negotiating skills. Diplomats are members of foreign services and diplomatic corps of various nations of the world. The sending state is required to get the consent of the receiving state for a person proposed to serv ...
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Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as ''Brown v. Board of Education'' (1954) regarding racial segregation, ''Roe v. Wade'' (1973) regarding abortion ( overturned in 2022), ''Bush v. Gore'' (2000) regarding the 2000 presidential election, and ''Obergefell v. Hodges'' (2015) regarding same-sex marriage. The amendment ...
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Territorial Waters
The term territorial waters is sometimes used informally to refer to any area of water over which a sovereign state has jurisdiction, including internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, and potentially the extended continental shelf. In a narrower sense, the term is used as a synonym for the territorial sea. Baseline Normally, the baseline from which the territorial sea is measured is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal state. This is either the low-water mark closest to the shore, or alternatively it may be an unlimited distance from permanently exposed land, provided that some portion of elevations exposed at low tide but covered at high tide (like mud flats) is within of permanently exposed land. Straight baselines can alternatively be defined connecting fringing islands along a coast, across the mouths of rivers, or with certain restrictions across the mou ...
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1961 Convention On The Reduction Of Statelessness
The Convention on the Reduction of Statelessness is a 1961 United Nations multilateral treaty whereby sovereign states agree to reduce the incidence of statelessness. The Convention was originally intended as a Protocol to the Convention Relating to the Status of Refugees, while the 1954 Convention Relating to the Status of Stateless Persons was adopted to cover stateless persons who are not refugees and therefore not within the scope of the Convention Relating to the Status of Refugees. Statelessness prior to World War II While one case of statelessness was identified in the ''Protocol relating to a Certain Case of Statelessness'' at the League of Nations Codification Conference, 1930 in The Hague: "In a State whose nationality is not conferred by the mere fact of birth in its territory, a person born in its territory of a mother possessing the nationality of that State and of a father without nationality or of unknown nationality shall have the nationality of the said State ...
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Sovereign State
A sovereign state or sovereign country, is a polity, political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defined territory (see territorial disputes), one government, and the capacity to enter into International relations, relations with other sovereign states. It is also normally understood that a Sovereignty#Sovereignty and independence, sovereign state is independent. According to the declarative theory of statehood, a sovereign state can exist without being Diplomatic recognition, recognised by other sovereign states.Thomas D. Grant, ''The recognition of states: law and practice in debate and evolution'' (Westport, Connecticut: Praeger, 1999), chapter 1. List of states with limited recognition, Unrecognised states will often find it difficult to exercise full treaty-making powers or engage in Diplomacy, diplomatic relations with other sovereign ...
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Convention On International Civil Aviation
The Convention on International Civil Aviation, also known as the Chicago Convention, established the International Civil Aviation Organization (ICAO), a specialized agency of the United Nations charged with coordinating international air travel. The Convention establishes rules of airspace, aircraft registration and safety, security, and sustainability, and details the rights of the signatories in relation to air travel. The Convention also contains provisions pertaining to taxation. The document was signed on December 7, 1944, in Chicago by 52 signatory states. It received the requisite 26th ratification on March 5, 1947, and went into effect on April 4, 1947, the same date that ICAO came into being. In October of the same year, ICAO became a specialized agency of the United Nations Economic and Social Council (ECOSOC). The Convention has since been revised eight times (in 1959, 1963, 1969, 1975, 1980, 1997, 2000 and 2006). As of March 2019, the Chicago Convention had 193 st ...
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