Enforcement means to Governance what Jurisdiction signifies in Law.

Over 193 States enjoy exclusive control and authority concerning their (defined) geographical areas. By the 15th Century, considerations were had about the control of other territories (other than land) for human use. The 20th Century saw the inception of planes which revolutionized the discourse on airspace regulation. By 1957, the Soviet Union (now Russia) launched the Sputnik I (satellite) into orbit,[1] establishing the (jurisdictional) area of outer space. Frozen territories like the Antarctic and Artic have attracted strong attention especially after the Second World War (1945) when these regions were (largely) abandoned owing to extreme weather conditions and consequent near-inaccessibility.

The increasing interdependence of State’s around the world (simplified as globalization) continues to spur developments in law, business, tourism, academic scholarship and professional activities. An incident of this relationship between States is cross border trade of goods and services which requires regulation of conduct and exercise of authority as may affect territories and their respective populations. This write will identify the international laws governing the exercise of jurisdiction in various domains.

Jurisdiction means the extent of administrative power, domain, over which a legal or judicial authority extends. The English phrase originates from the early 14th Century jurisdiccioun, jurediction - derived from Latin iurisdictionem.[2] ?

According to Black’s Law Dictionary, Jurisdiction entails a government’s general power to exercise authority over all persons and things within its territory, especially a States power to create interests that will be recognized (under common-law principles) as valid in other States.?It may also refer to the power a State wields within a geographic area to make political or legal decisions exercisable by its Institutions.[3]

Territoriality?

Territorial jurisdiction means the power to enforce rules over places and activities of persons on the basis of geographical placement (i.e. clear-cut delineation) which is regarded as the most precise physical characteristic of a sovereign State. By virtue of the 1648 Peace of Westphalia Treaty, sovereign States exercise exclusive authority over their territory and citizens which is applicable to foreign business persons, including corporations and tourists. At international law, a State must abstain from intervening in the affairs of other States. This is famously known as the principle of non-intervention which according to the United Nations General Assembly resolution of 2625 (XXV) 1970 is a corollary of a States right to sovereignty, territorial integrity and political independence.[4] The International Court of Justice (ICJ) in the Nicaragua case, recognized the principle of non-intervention; holding that State sovereignty is part of international customary law.[5] ?

Territorial boundary disputes are quite common before the International Court of Justice. By the end of the 20th Century, 38% of maritime boundaries and 17% of lands were subjects of contention.[6] A classic example of a territorial (boundary) dispute was over the Bakassi Peninsula between Nigeria and Cameroon. Cameroon sought (before the ICJ) that Nigeria had violated the international law principle of uti possidetis (respect for the frontiers of colonial boundaries) amongst other customary international laws. Cameroon therefore requested that the ICJ determines the course of the maritime frontier between the two States to the extent not determined as of 1975. Cameroon further referred to Nigeria’s troops present in (alleged) Cameroonian communities on the Bakassi Peninsula as an act of aggression and, that by virtue of same, Nigeria was violating the fundamental principle of uti possidetis and other customs, conventions of international law.

The ICJ held that the boundary was delineated by the Anglo-German Agreement of 11th March 1913 (Arts. XVIII-XX) and that sovereignty over the Bakassi Peninsula resides with Cameroon. Nigeria’s military presence at such localities of the Bakassi Peninsula tantamount to acts of aggression and disregard for Cameroon’s sovereignty.[7] The court instructed Nigeria to expeditiously withdraw administration from the Bakassi Peninsula.

Law of the Sea

Water bodies constitute at least 70% of the Earths total surface; providing food, recreation, oil and natural gas from continental shelves whilst serving as a liquid pathway for global-commerce shipping vessels.[8] Its largest bodies are typically referred to as oceans (e.g. Pacific and Atlantic) and lesser bodies ‘seas’ (e.g. Bering Sea or North Sea). The oceans and seas are considered res communis – available for the use of all States.

During the 13th and 14th Century, Portugal and Spain were recognized as dominant sea faring States, and an arrangement to control the seas was orchestrated through-to-legitimacy by the 1494 Treaty of Tordesillas when Pope Alexander VI graced Portugal and Spain with a Papal Bull.[9] The oceans were divided between Portugal (owning the eastern waters) and Spain (owning the western waters) - with thousands of miles of ocean expense crossing places like (present) Brazil. ??????

This ‘closed sea’ approach was criticized by Hugo Grotius, a Dutch lawyer and diplomat who argued in Mare Liberum (1609) that the enormity of the oceans by their inherent nature cannot be owned like land but should be of benefit to all merchant vessels.[10]?

In the interim, international customary law served as the norm for the provision of rules regulating large body of waters. After colonization ended and new States were formed, there became a disruptive tide in the regulation of international waters. Ambitious States sought control of the sea and continental shelf to enhance themselves with the earth’s natural resources – including but not limited to oil and fish. ???????????

Series of consultations were had concerning the codification of rules for the sea. Between 1973 and 1982, meetings were held in New York City – ultimately concluding in Montego Bay, Jamaica where 160 States contributed to the creation of over 320 Articles of Convention (excluding annexes) which resulted in the 1982 Law of the Sea Convention (LOS).[11]

The LOS is the Constitution of the Seas. Seaward jurisdictions start with the baseline of a coastal State which is where water and land are demarcated by low tides (easily seen at a coastline). Archipelago States (States with indentures or islands) are allowed to have a straight baseline along their outermost island which enables for the exercise of sovereignty over the waters within the baselines of the Islands as recognized in the 1951 Anglo-Norwegian Fisheries case.[12] This further compliments the ability of States to exercise complete sovereignty over their internal waters (rivers, lakes, ports, bays etc.) which are generally on the landward side of baseline. ?????????

Internal waters though mentioned under the LOSC are regulated by international customary law. In the same vein, a foreign ship moored in a States harbour can manage its affairs unless the ship impacts the peace and good order of the harbour. Significantly, the sea refers to waters along the State’s coast under exclusive sovereignty, including the airspace above and seabed below. The LOS conference agreed on 12 nautical miles of territorial sea extending outward from the baseline (1 nautical mile being 1.15 land miles).

Seaward Jurisdictions

Source: Justin A. Brown, Understanding International Law.

The existence of the right to ‘innocent passage’ at sea guarantees ‘continuous’ and ‘expeditious’ voyage of foreign vessels through the territorial waters of a coastal State - provided no harmful activities take place. Ships making a passage through a strait (e.g. the Suez Canal) have a right of transit within the territorial jurisdiction of one or two States.[13]

The contiguous zone (which overlaps the territorial sea) extends 24 miles from the base line of a coastal State. The contiguous zone dates back to English ‘hovering acts’ of the 18th century which permitted English authorities to police the smuggling of illegal drinks and drugs whilst enabling for the enforcement of immigration and environmental laws.

Furthermore, States are entitled to exercise authority to the extent of 200 miles of sea from their baseline, (sometimes 350 miles) depending on the natural extension of the States territory (known as the continental shelf). This also enables for the greater enjoyment of natural gas, oils, and minerals.

The Exclusive Economic Zone (EEZ) is 200 miles of sea measured from the baseline and overlaps all other jurisdictions. All Coastal States have sovereign rights to conserve and exploit living and non-living resources in the waters and seabed whilst landlocked States and, States with limited access to water resources share with coastal States. ?

Consequent to the forgoing sea jurisdictions, what is left of global waters is considered the high seas. Recognized as res communis–open to all States for navigation, fishing, over-flight by aircraft, and the laying of cables and pipelines. The LOS convention is internationally recognized as customary law[14] and in accordance with Article 91 LOSC requires States to register ships-fixing conditions for the grant of vessel nationality and State flags on sea vessels thereof. Today, over 164 States have ratified the LOSC since its effective date in 1994.[15]

Airspace

The idea of using the air space (immediately) above us as humans common heritage developed shortly after the Wright brothers’ made their first plane flight in 1903. Civilian as well as military personnel developed interest in using airspace as a navigable transport medium and, with the occurrence of the first and second world wars, ideas of using airspace similar to the purpose of high seas gave path to air combat practices. The early 20th Century witnessed the introduction of airplanes fortified with machine guns and small bombs which could be launched during air flight.

In terms of airspace regulation, the 1919 Paris Convention for the Regulation of Aerial Navigation enables States to exercise exclusive sovereignty over the airspace overlying their territories and waters; thereby regulating entry and exit. Aircrafts of contracting States are granted the Nationality of their State registration. The 1944 Chicago Convention on International Civil Aviation (ICOA) further confirms that States enjoy exclusive control over their airspace and provides rules regarding the registration of airplane nationality.[16]

The Chicago Conventions most important contribution was the creation of the International Civil Aviation Organization (ICAO) which became a specialized agency of the United Nations in 1947. The Executive Council of the ICAO has severally recommended rules to enhance the navigation and safety of airspace.

Despite the foregoing Treaties, violation of a States airspace remains a sensitive issue. Violators of airspace are intercepted by means of jet fighters, ground to air missiles or both. As history presents, a diplomatic incident ensued in 1960 which cancelled a Paris Summit conference when (then) Soviet Union shot down an American U-2 spy plane with a ground-to-air missile. According to Article 3bis of the ICAO, States must refrain from using weapons on civilian aircraft in the event of airspace violation.

Several other instances of international air violation have occurred not forgetting the internationally renowned 9/11 attack which witnessed terrorist hijack planes – flown into the World Trade Center where over 3000 lives were lost in New York, USA. Several Treaties including the 1970 Hague Convention for the Suppression of Unlawful Seizure of Aircraft directly addresses the issue of hijacking airplanes. State parties to this Convention must try the hijackers or extradite them to another jurisdiction for trial.[17] There is also the 1971 Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation which deals with sabotage. It covers harming persons on board planes, damages to aircraft in flight, explosives on the plane, interference with navigation facilities, amongst others. ?????????

Article 25 of the ICAO requires State signatories to provide assistive measures to aircraft in distress within its territory as may be practicable; permitting the aircrafts authorities of the registered State to provide assistance. Furthermore, contracting states in search for a missing aircraft are required to take reasonable steps to provide collaborative effort. Analogically, what the LOSC means to sea is what The Chicago Convention means to airspace.

Outer Space

Jurisdictional concerns for outer space and the need for its regulation gained international recognition with (then) Soviet Unions satellite exploration in 1957.[18] After their successful outer-space feat in 1957 - the US, China, France, Great Britain and Japan joined in the pursuit of outer space exploration by propelling satellites into orbit through rockets.

The United Nations remains a leading actor concerning international space law. By 1959, the Committee on the Peaceful Uses on Outer Space (CUPUOS) was formed by the United Nations General Assembly to ‘govern the exploration and use of space for the benefit of humanity: peace, security and development’.[19] Specialized bodies of the United Nations including notables like: The International Telecommunications Union (ITU) regulates the radio-frequency spectrum and orbital resources of space radio stations. By virtue of No. 196, ITU Constitution, Article 44 provides for the equitable, efficient and economic use of natural resources for radio frequencies and satellite orbits. ??????

The UN Education, Scientific, and Cultural Organization (UNESCO) recognizes the international recognition and protection of space equipment; The ICAO is dedicated to ensuring an opportunity for every State to operate international airlines whilst considering the likelihood of falling space debris affecting aircrafts, and, the demarcation line between airspace and outer space. The European Space Agency studies outer space and the Earth’s environment for scientific purposes – inclusive of the operational space application systems. The African Space Agency recently had its Policy and Strategy structure approved by the African Union Executive Council in 2016 – constituting one of the flagship programmes of AU Agenda 2063.[20] ???????????

Private persons/corporations have joined States in outer space exploration. Richard Branson and Paul Allen (had) in 2005 teamed to launch a private spacecraft, which reached a 62-mile altitude and, returned safely to earth - earning them a $10 million (USD) Ansari X Prize.[21] Richard Branson was in outer space in 2021, as well as his colleague Jeff Bezos. Elon Musk (another outer space enthusiast) is veritably reported to foster ideas on outer space tourism.[22] ?

The 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space, was formed to serve as a foundation for outer space exploration and subsequently resulted in the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies. The 1967 Treaty allows for scientific exploration but forbids sovereign ownership of outer space and ‘heavenly’ bodies; it prohibits placing weapons of mass destruction in space whilst requiring all States to assist astronauts by treating them as envoys of humanity.??????

Other important Treaties are the 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space; the 1972 Convention on International Liability for Damage Caused by Space Objects; the 1976 Convention on Registration of Objects Launched into Outer Space; as well as the 1984 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies.

The 1976 Convention on Registration of Objects Launched into Outer Space requires States to carefully mark all parts of space vehicles for easy identification with a record of objects being kept by the office of the UN Secretary-General. This identification system assists in determining legal liability and proper record keeping. Interestingly, there exist the Inter-Agency Space Debris Coordination Committee which acts as an inter-government forum of space-faring States comprising of India, France, Italy, China, Canada, Germany, Japan, Korea, USA, Russia, Ukraine and the United Kingdom (UK).[23] The Committee’s primary function is to exchange information on space debris research and identify debris mitigation options.

It is pertinent to highlight that, a lacuna exist at international law concerning the distinction between Airspace and Outer space. No existent Treaty nor Principle governing space distinguishes airspace and outer space.?? Should the altitude at which a plane loses ‘lift’ under its wings and begins to operate entirely from the thrust of its engines (therefore becoming a rocket) be the distinction? Russia had proposed at some point that outer space should begin at 100 to 110 Kilometers (62.1 to 68.3 miles) above earth.[24]

In any event, the use and operation of Satellites remains a functional aspect of international law. By virtue of their sensory-orbiting nature, Satellites are relevant for weather assessment, environmental research, navigation and indeed, the global transmission of data. Their remote sensing functions (HD photography and image radar sensitivity) easily aid the ‘scooping’ of National information from space through Satellite electronic footprints.

In a bid to obtain information, the United States gathered intelligence on the North Korean atomic weapons program by employing satellites to track the Iraqi Army and guide smart-bombs to target. Steven Lambakis famously designated the Persian Gulf War of 1990 as the first ‘space war’. Though, the UN 1986 Principles Relating to Remote Sensing of the Earth from Outer Space seems to protect the sovereignty of States from surveillance by other States[25] – it is reasonable to assert that sensing does not require the explicit permission of another State; especially since outer space is res communis. Satellite sensing activities are therefore not violations of international outer space law.[26]

Polar Regions

The Polar Regions comprise of the North Pole and South Pole of planet Earth. The Northern Polar region known as the Artic consist of floating - packed ice (2-3m) thick, surrounded by the Land masses of Finland, Iceland, Denmark, Canada, Norway, Russia, Sweden and Alaska (of the United States). The Southern Polar region is an ice cap known as Antarctica and averages about 2000m in thickness (height).[27] As the fifth largest continent on earth with over five and half million square miles, Antarctica is a frozen land with treasure-troves of oils, minerals, fresh water, birds and marine life. Today, there are over 70 scientific stations on the Antarctic continent representing many countries. There are however no scientific stations at the North Pole because the Artic is constantly drifting.[28]

The 1959 Antarctic Treaty (Treaty of Washington) produced a framework whose provisions provide for peaceful, scientific and cooperative use of the Antarctica region for observatory and investigatory purposes. The results therefrom are to be exchanged and made freely available.[29] It is pertinent to note that Observers, Scientific personal and staff of such persons are subject only to the jurisdiction of the contracting State which has a presence on Antarctica as far as the exercise of their functions are concerned.[30] There exist the Antarctic Treaty System (ATS) which is the whole complex of arrangements made for the purpose of regulating relations among State parties. Fifty four (54) States belong to the Antarctic Treaty Consultative Parties with a view to regulating the Antarctic region.[31]

The Artic is surrounded by lands across Asia, Europe and North America. With its two major inlets being the Bering Strait and the Denmark Strait. It is commonly referred to as the Polar Mediterranean.

Several articles of the LOSC have relevance for both polar regions. These articles require the conservation of fish stocks and marine animals, other articles regulate pollution resulting from ecological fragility. Article 234, LOSC specifically calls upon coastal States to protect the ice-covered areas of the Earth from marine pollution.

Nationality

The 1948 Universal Declaration of Human Rights in Article 15 provides that every person has the right to a nationality. Article 24, International Covenant on Civil and Political Rights, 1966 also provides that every child has a legal right to nationality. It is therefore important for every human to possess a Nationality and a means of proving same, internationally.[32]

Nationality may be determined by jus soli (i.e. law of the soil) or ius sanguinis (i.e. law of blood). In Italy, the ius sanguinis principle is mostly applicable. To obtain Italian citizenship, it is necessary that at least one of the applicant’s parents or direct ancestors is/was Italian. The Ius soli principle may apply in limited circumstances where: a child is born in Italy from unknown or Stateless parents; a child is born in Italy but cannot acquire the citizenship of the parents due to the (restrictive) laws of such parent’s countries; a child is born and abandoned in Italy by unknown parents-whose citizenship origins cannot be identified.[33]?????????

Exceptions are often made for children born to diplomats or parents resident in foreign territories for military or other government related purposes.

An individual may change nationality through the lawful process of naturalization. It is the norm for naturalized citizens to swear allegiance to the new State and renounce ‘legal’ ties with the old. International law provides for some reforms in the 1933 Montevideo Convention on the Nationality of Women as well as the 1957 Convention on the Nationality of Married Women which recognizes the right of women to choose desired Nationality – without (mandatory) considerations of their husbands Nationality. Article 9, Convention on the Elimination of All Forms of Discrimination against Women, 1979 grants women equal legal rights with men to acquire, change or retain their nationality. Furthermore, neither marriage to an alien nor change of nationality by husband during marriage shall automatically change wife’s nationality, force her to accept nationality or, render her Stateless. ?????

A person may voluntarily ‘denaturalize’ by denouncing a citizenship, taking up another citizenship or by becoming refugees in another country. Such individuals before obtaining another citizenship are ‘Stateless’ persons. ??

Stateless persons are regulated by two very important international laws. The 1954 Convention Relating to the status of Stateless Persons defines a Stateless person as someone who is not recognized as a national by any state under the operation of its law; therefore no citizenship. The 1961 Convention on the Reduction of Statelessness provides for the international framework to ensure the right of every person to a Nationality.[34]?

Dual Nationality also exist as highlighted in the 1930 Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws. Different State laws have provisions that enable for dual citizenship. Some persons have more than two citizenships. The laws of different countries may require for the forfeiture of a citizenship on the acquisition of another. For example, Section 28, 1999 Constitution of the Federal Republic of Nigeria (as amended) provides as a pre-condition, the renunciation of any foreign citizenship not acquired by birth, within twelve months of the foreign person’s application to be a citizen of Nigeria. Albeit, a person does not automatically lose Nigerian citizenship solely on the premise that another citizenship or nationality is acquired – regardless of whether the foreign citizenship was acquired by birth. In Europe, there exist the 1997 European Convention on Nationality which accepts citizenships from nationals of two countries and provides laws for the regulation of associated conflicts. Under Chinese law, once a person is naturalized in another State S/he automatically loses Chinese citizenship.[35]

Ipso facto, some States distinguish Nationality from Citizenship. Nationality may refer to place of birth whilst citizenship is granted by the government of a country upon the fulfilment of specific legal requirements. Citizenship is therefore more of a political status because it indicates which country identifies a person as its citizen by endowing them with a ‘full set of rights’ whilst Nationality relates more with place of birth and may signify obligations of (natural) allegiance.[36] Both terms are used interchangeably in this write.

A non-citizen within the territory of a State is an Alien. Aliens are lawfully permitted to reside in a foreign territory through visa stamps or residency permits. As various municipal laws provide, any State may remove an alien by way of expulsion usually in the interest of public order, health or law. In any event, whilst aliens must be law abiding in their territories of residence, international law requires States to responsibly treat aliens fairly before their municipal courts. The Calvo Clause (distinct from the Calvo Doctrine)[37] requires aliens to rely on local remedies rather than resorting to diplomatic services of their countries with respect to commercial relations. There exist the Draft Articles on Responsibility of International Wrongful Acts, 2001 developed by the International Law Commission. Though not binding, it serves as ‘soft law’ concerning State responsibility for wrongful conduct and the incidental legal consequences. It also excludes international organizations or non-State entities with respect to international responsibility.[38]

State Immunity?????????

State immunity is the exemption of a governments public acts and property from the court cases of another State. Until the mid-twentieth century, State immunity was seen as absolute. In the 1812 case of Schooner Exchange v McFadden, The French Navy had seized a private US-flagged schooner during its period of resentment with Great Britain and armed same as a warship Balaou. France thereafter forced the warship into the Port at Philadelphia during storm and McFadden (subsequently) instituted an action against France. The US Supreme Court held that the warship was under the sovereign immunity of France albeit, McFadden eventually received compensation from France through diplomatic entreaties.

Acts of State involving security or diplomacy are acta imperii and therefore States enjoy absolute immunity (concerning such issues) before foreign courts. Commercial transactions are acta gestionis and therefore foreign courts have legal powers to resolve disputes concerning State’s business transactions. This is also known as the doctrine of Restrictive immunity.

The Council of Europe attempted to harmonize the practice of State immunity amongst its membership with the 1972 European Convention on State Immunity. Particularly, Article 2 provides that a contracting State cannot claim immunity from the jurisdiction of a court of a contracting State if it has undertaken to submit to the jurisdiction of that Court by means of international agreement, express contractual term, or express consent-after a dispute arises. The 2004 UN Convention on Jurisdictional Immunities of States and Their Properties essentially allows cases against States to proceed in court when commercial transactions are involved; re-echoing the practicality of restrictive immunity. Albeit, this Convention is yet to be effective because it requires two more State ratifications to meet the thirty (30) ratifications benchmark.[39]

Extraterritoriality

Every State has a mandate to exercise control over those within its territory safe for the immunities (absolute and restrictive) earlier defined. When a State exercises authority beyond its borders in accordance with international law, extraterritorial jurisdiction may become effectual on the basis of Nationality, Passive personality, Effective, or Protective principles.

The Nationality principle focuses on the relationship between the State and people within its territory through the concept of nation-hood. It bestows the government with the legal mandate to prosecute a citizen or cooperation for violations of its laws even though the criminal act may have taken place in another State.

The Passive personality principle applies when a criminal act is committed against a States citizen in foreign territory. The legal personality of the State is therefore affected ‘passively’ when one of its citizens is the target of an illegal act. The PCIJ held in the SS Lotus case that Turkey had jurisdiction to try a French officer whose ship collided with a Turkish ship on high seas resulting in the death of some of its crewmembers. ????????? In the wake of terrorist and human rights activities however, the international community has accepted passive jurisdiction because citizens of any State could become victims of terrorist or political repression in foreign territory.

The 'effective' and 'protective' principles are sometimes 'fused' by legal scholars. They generally apply on the basis of activities in a foreign State which have a (negative) impact on the State seeking to exercise jurisdiction.

However, the effective principle will usually apply to non-security issues such as environmental damage that begins in Country A and affects Country D, for example. In the case of Trail Smelter between Canada and the US, United States territory was environmentally harmed by a smelting process of sulphur-dioxide from a Canadian smelter built in a Valley between British Columbia and the state of Washington.[40]

The protective principle enables a foreign State to exercise jurisdiction over aliens who have committed an act abroad, which is prejudicial to the foreign States security. This principle is justified on the need for States to protect its vital interests. When security threats arise outside a State, the perpetrators whether citizens or aliens of the threatened State may find themselves sought under the protective principle. Acts which involve coups, espionage, smuggling, counterfeit currency prints, highlight the essence of this principle.?

Universal jurisdiction is the final extraterritorial principle and is applicable to crimes considered so heinous that perpetrators are considered enemies-of-humankind. States which capture pirates can try them regardless of where the crime was committed, the nationality of the victim(s) or that of the accused. According to the Princeton Principles on Universal Jurisdiction (2001), international crimes falling within the ambit of universal jurisdiction are: piracy, slavery and slave trafficking, war crimes, crimes against humanity, genocide and torture.[41]

Extradition

In preserving law and order, Governments internationally cooperate through Treaty measures which enable for the request of wanted person(s). When a State makes an extradition request, it is usually because of a risk in one of the States. Laws that may have been breached could involve murder, bank fraud, prison escape, amongst others.

Whilst different extradition treaties exist, it is a common feature of bilateral extradition treaties to:

(a) Define the crime in law;

(b) Have sufficient evidence of a triable offence by accused;??????

(c) Alleged offence must be recognized in requesting State and granting State; and????

(d) The speciality rule requiring that wanted person must be tried for the charge he is requested for.

Procedurally, it is customary for an extradition request to be sent to a foreign ministry, which, seeks the Attorney General of the requesting State to obtain a warrant from a Court of Law. The presiding Judge holds a hearing to determine whether the extradition request is justifiable on the basis of prima facie evidence presented. When determining the extradition of an accused person especially on issues bordering human rights, requested States may not extradite a person unless the requesting State will not implement the death penalty.

The UN Model Treaty on Extradition, 1990 exist to promote international commonality amongst bilateral treaties and gives priority to international crimes. There also exist the 1957 European Convention on Extradition.???

Cyberspace???

An interesting and developing area of international law is cyberspace. Cyberspace can be defined as ‘a global domain within the information environment consisting of the interdependent networks of information technology infrastructures and resident data, including the internet, telecommunications networks, computer systems, and embedded processors and controllers’.[42] Arguably a fictional territory, cyberspace is nonetheless existent through the tangible infrastructure located within the territorial sovereignty of a State. According to the 2013 report of the United Nations Group of Governmental Experts (UNGGE), the territorial sovereignty of a State as well as international norms and principles apply to the conduct and jurisdiction of Information Communication Technology (ICT) activities within their territory.[43]

Since a prime characteristic of Statehood is the (lawful) power to define and enforce rights which control the conduct of natural and juridical persons – it cannot be gainsaid that a State has jurisdiction concerning the areas where it can exercise sovereignty within its territory or extraterritorially (including ships, aircraft, spacecraft, satellites and similar equipment’s). I therefore align myself with the UNGGE Report (2013) that a States jurisdiction applies to cyber infrastructures located within its territory whether on land, sea, archipelagic waters, registered ships, aircrafts, air or outer space and satellites, amongst others.??

In conclusion, the global health emergency has highlighted the essence of developing the international legal system given the increasing reliance on technology to facilitate interactions in a borderless cyberspace territory where, jurisdictional issues are becoming less of State roles and more of Private Institutional roles. Whilst scholarly views in this regard is a discourse for another write, it is key to note that humans have not advanced this far to fear the development of a progressive international commune. We came this far to shape the future because we understand that international law will create positive change.

Footnotes?

[1] History.com Editors, “Sputnik Launched” (HISTORY February 21, 2019) <https://www.history.com/this-day-in-history/sputnik-launched> accessed October 19, 2021.

[2] (Iurisdictio) refers to administration of justice and is formed from the phrase iuris diction a genitive of ius - ‘law, right’. See: ONLINE ETYMOLOGY DICTIONARY, “Jurisdiction | Origin and Meaning of Jurisdiction by Online Etymology Dictionary” (www.etymonline.com) <https://www.etymonline.com/word/jurisdiction> accessed October 5, 2021.

[3] Bryan A Garner, “Jurisdiction” 927.

[4] United Nations, “A/RES/2625 (XXV) of 24 October 1970” (unispal.un.Aorg) <https://unispal.un.org/DPA/DPR/unispal.nsf/0/25A1C8E35B23161C852570C4006E50AB> accessed October 21, 2021.

[5] Sir Michael Wood, “Non-Intervention (Non-Interference in Domestic Affairs)” (The Princeton Encyclopedia of Self-Determination) <https://pesd.princeton.edu/node/551> accessed October 20, 2021.

[6] Conway W Henderson, Understanding International Law (Wiley-Blackwell 2010).

[7] International Court of Justice, “Latest Developments | Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria: Equatorial Guinea Intervening) | International Court of Justice” (Icj-cij.org2019) <https://www.icj-cij.org/en/case/94> accessed November 1, 2021.

[8] Bureau of Reclamation, “Water Facts - Worldwide Water | Bureau of Reclamation” (Usbr.gov2019) <https://www.usbr.gov/mp/arwec/water-facts-ww-water-sup.html> accessed November 7, 2021.

[9] Spain and Portugal were the only signatories of the 1494 Treaty of Tordesillas because they were the only European powers who had established a presence in the Americas.

[10] Hugo Grotius is considered to be the Father of international law; thanks to his work on The Law of War and Peace In 1625. He proposed a system of laws, rules and Treaties for all people, and that by way of moral duties, countries should strive for altruism in their relations with other States.

[11] Sir Michael Wood, “Non-Intervention (Non-Interference in Domestic Affairs)” (The Princeton Encyclopedia of Self-Determination) <https://pesd.princeton.edu/node/551> accessed October 20, 2021.

[12] This case concerned a Norwegian decree which enabled Norway to have reserved certain fishing grounds for exclusive use by its fishermen; concurrently determining the width of Norwegian territorial waters and allowing for the enjoyment of several fjords, bays, islands, islets and reefs at the coastal zone.

The United Kingdom contended inter alia that some of Norwegia’s baselines – accorded by the Decree were not in accordance with the general direction of the coast and were not drawn in a reasonable manner. In December 1951, the ICJ held that Norwegia’s Decree was valid and not contradictory to international law.

[13] A strait is a narrow sea passage connecting two bodies of open sea. They are typically known to provide economic lifelines which supports the global economy.

[14] The Fletcher School of Law and Diplomacy, TUFTS University, “Chapter 1: International Law, Adoption of the Law of the Sea Convention – Law of the Sea” (THE FLETCHER SCHOOL, TUFTS UNIVERSITY) <https://sites.tufts.edu/lawofthesea/chapter-one/> accessed November 19, 2021.

[15] United Nations, “Division for Ocean Affairs and the Law of the Sea Office of Legal Affairs Asdf Law of the Sea” (2013) <https://www.un.org/depts/los/doalos_publications/LOSBulletins/bulletinpdf/bulletin83e.pdf>.

[16] Global Air Navigation Plan, 2016 – 2030, ICAO.

[17] Article 7 and 8, Convention for the Suppression of Unlawful Seizure of Aircraft.

[18] The world’s first artificial satellite was about the size of a beach ball (58 cm) and weighed 83.6kg – using 98 minutes to orbit the Earth. See also:?NASA History Division, “NASA | History - Sputnik” (history.nasa.gov) <https://history.nasa.gov/sputnik.html> accessed December 2, 2021.

[19] United Nations: Office for Outer Space Affairs, “COPUOS” (www.unoosa.org2021) <https://www.unoosa.org/oosa/en/ourwork/copuos/index.html#:~:text=The%20Committee%20on%20the%20Peaceful> accessed December 2, 2021.

[20] Space in Africa, “African Union Executive Council Approves African Space Agency Structure” (Space in Africa October 20, 2021) <https://africanews.space/african-union-executive-council-approves-african-space-agency-structure/> accessed December 2, 2021.

[21] National Broadcasting Company, “SpaceShipOne Wins $10 Million X Prize” (NBC News October 4, 2004) <https://www.nbcnews.com/id/wbna6167761> accessed December 2, 2021.

[22] Jackie Wattles Business CNN, “Jeff Bezos Just Went to Space and Back” (CNN July 21, 2021) <https://edition.cnn.com/2021/07/20/tech/jeff-bezos-blue-origin-launch-scn/index.html> accessed December 2, 2021.

[23] Alberto Tuozzi - Asi, “The Inter-Agency Space Debris Coordination Committee (IADC) an Overview of IADC’s Annual Activities” (2018) <https://www.unoosa.org/documents/pdf/icg/2018/icg13/wgs/wgs_23.pdf> accessed December 8, 2021.

[24] Jonathan C McDowell, “The Edge of Space: Revisiting the Karman Line” (2018) 151 Acta Astronautica 668 <https://reader.elsevier.com/reader/sd/pii/S0094576518308221?token=2B23C0D6CEAEF756505E84FB1666ED11C45257CA2AA2B4CDD58E3BC6427A7FB7A1CA049E211D95565BB2FE6B7F70592D&originRegion=eu-west-1&originCreation=20211208203801> accessed December 8, 2021.

[25] See Principles XII and XIII, UN 1986 Principles Relating to Remote Sensing of the Earth from Outer Space.

[26] Steinhardt, Ralph G. (1997) “Outer Space,” in Christopher C. Joyner (ed.), The United Nations and International Law. Washington, DC: American Society of International Law/Cambridge University Press.

[27] Editors of Encyclopaedia Britannica, “Polar Region | Geography,” Encyclop?dia Britannica (2019) <https://www.britannica.com/science/polar-region> accessed December 13, 2021.

[28] https://oceanwide-expeditions.com/blog/a-look-into-the-international-research-stations-of-antarctica#:~:text=There%20are%20currently%2070%20permanent,from%20every%20continent%20on%20Earth.

[29] Article III, Antarctic Treaty 1959.

[30] Article VII, Antarctic Treaty, 1959.

[31] Secretariat of the Antarctic Treaty, “Parties” (Www.ats.aq2014) <https://www.ats.aq/devAS/Parties?lang=e> accessed December 13, 2021.

[32] Article 24, International Covenant on Civil and Political Rights, 1966.

[33] Censori - Studio Legale & Commerciale, “Ius Soli and Italian Citizenship: Legal Aspects and Public Debate” (Censori Tax and Law Firm April 20, 2021) <https://www.censori.eu/en/2021/04/20/ius-soli-and-italian-citizenship-legal-aspects-and-public-debate/> accessed December 13, 2021.

[34] United Nations High Commissioner for Refugees, “UN Conventions on Statelessness” (UNHCR2011) <https://www.unhcr.org/un-conventions-on-statelessness.html> accessed December 13, 2021.

[35] Article 3, National Law of the People’s Republic Of China, 1980.

[36] VISANATION, “Citizenship vs Nationality - What Is the Difference?” (Visa Nation January 28, 2021) <https://www.immi-usa.com/citizenship-vs-nationality/#:~:text=The%20word%20nationality%20refers%20to> accessed December 14, 2021. See also: Conway W Henderson, (n 7 above) at 132.

[37] Argentine jurist Carlos Salvo advanced the Calvo Doctrine concerning aliens. Succinctly, it asserts that rules governing jurisdiction of a country over aliens should apply equally to all nations, regardless of size.

[38] International Law Commission, United Nations, “Responsibility of States for Internationally Wrongful Acts” (2001) <https://legal.un.org/ilc/texts/instruments/english/draft_articles/9_6_2001.pdf> accessed December 14, 2021. See also Article 57 and 58 of the same law.

[39] United Nations Treaty Collection, “United Nations Treaty Collection” (treaties.un.org December 15, 2021) <https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=III-13&chapter=3&clang=_en> accessed December 15, 2021.

[40] Malcolm N Shaw, “International Law” <https://www.cambridge.org/core/books/international-law/23403D7B22E800C677D5955FD9110AA8> accessed December 17, 2021.

[41] Mary Robinson and in Law, The Princeton Principles on Universal Jurisdiction (Program In Law And Public Affairs, Princeton University 2001).

[42] US Department of Defense, “DOD Dictionary of Military and Associated Terms as of” (2021) <https://www.jcs.mil/Portals/36/Documents/Doctrine/pubs/dictionary.pdf> accessed December 19, 2021.

[43] UNGA, ‘Report of the Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security’ (24 June 2013) UN Doc A/68/98, para 20.

[44] Biannual conference organized under the auspices of the International Law Association - Italian Branch, with many guests from several other national branches as well. International Law Association - Italy Branch (Official Twitter), “Https://Twitter.com/Italyila/Status/1458796326997610497” (Twitter November 12, 2021) <https://twitter.com/italyila/status/1458796326997610497?s=27> accessed December 22, 2021.

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