Territories sovereignty over

The rights and obligations that derive from the principle of sovereignty that are most relevant to cross-border hnmanitarian activities are the inviolability of the territorial integrity and political independence of the State concerned, the right of that State to exercise jurisdiction over their territory and over all persons and things therein, and the duty not to intervene in matters within the domestic jurisdiction of that State, including their internal and external affairs (principle of nonintervention). ... 

Moreover, Article 71(1) deliberately uses the phrase the Party in whose territory, while it could have been worded more specifically if it was to indicate the Party which exercises control over the territory. For example. Article 47(2)(d) of Protocol 1 employs the expression territory controlled by a Party to the con-flict. Following this formulation. Article 71(1) could have been drafted as subject to the approval of the Party to the conflict controlling the territory. The negotiating history of Article 71(1) also does not contain any indication supporting the commentary s interpretation. Therefore, Article 71(1) seems to require the consent of the State that has sovereignty over the territory in which relief action takes place. However, as a practical matter, the consent of the enemy State that has actual control over the territory may be necessary to gain access to the civilian population in need. 

By contrast outer space is outside national territorial sovereignty as it is an international area under Article II of the Outer Space Treaty (UNOOSA, 2009b). Territorial sovereignty is unequivocally prevented in outer space by international law. Outer space is agreed internationally as public space, as Article I of the Outer Space Treaty calls it the province of all mankind . It is possible for a state to have jurisdiction over objects launched into space, for example Earth observation or communication satellites, but not jurisdiction over outer space itself Article VIII of the Outer Space Treaty confers control and jurisdiction on the state on whose registry an object is launched into outer space. 

In other words, the Serbian sovereignty over Kosovo had diminished to such a minimum, because of the Serbian government s oppressive policies over Kosovo, that the notion of territorial sovereignty became trumped by the necessity of humanitarian intervention. 

Article 1 of the Chicago Convention provides that the Contracting States recognize that every State has complete and exclusive sovereignty over airspace above its territory. 

The principle of State sovereignty in airspace is embodied in Article 1 of the Chicago Convention which recognizes that every State has sovereignty over the air space above its territory, the latter being defined in Article 2 as land situated within and water adjacent to the State concerned. 

So far as international organizations, particularly the United Nations, are concerned, State sovereignty is not limited by international law, including IHL, to such an extent that international organizations are allowed to enter a State s territory without the prior consent of that State. This conclusion also applies in instances where an international organization intends to carry out humanitarian activities in a territory over which the territorial State has lost control, for example, because the enemy State or an armed group has taken control of that territory. 

Principle XII is the answer to the dilemma of Principle IV. It ensures that a sensed state, that is a state for which Earth observation data are collected by an orbiting satellite, does have the right of access to the data of its own national territory, over which it has sovereignty. It has access to the data under three conditions ... 

What I call the nation-state approach is formulated in different ways based on how the relation between nationhood and statehood is interpreted. States can simply be defined as nations. Anthony Giddens argues that a nation exists only when a state has a unified administrative reach over the territory over which its sovereignty is claimed. In this view, units that do not have corresponding states are referred to as nations only mistakenly. To discuss their political situation, Giddens argues, some other category of description should be used. 

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