What do you understand by territorial jurisdiction of States ? Do you agree with the view that Right to Seek Asylum is firmly established under International Human Rights Law ? If so, substantiate your answer with reasons.

Territorial Jurisdiction of States

Territorial jurisdiction refers to the power of a state to exercise its legal authority over persons, property, and events within its territory. It's a fundamental aspect of state sovereignty and is generally considered the most universally accepted basis for jurisdiction. However, it's not absolute; international law permits states to exercise jurisdiction based on other grounds like nationality, passive personality, and universality (though these are more limited).

The scope of territorial jurisdiction isn't always clear-cut. For example, the concept of “hot pursuit” allows coastal states to chase vessels engaged in illegal activities into their territorial waters. Similarly, the principle of “continuous voyage” permits a state to assert jurisdiction over offenses committed on a ship or aircraft while within its territorial waters but originating elsewhere.

Limitations to Territorial Jurisdiction

• Exclusive Economic Zones (EEZ): While a state has sovereign rights within its EEZ for purposes of exploring and exploiting natural resources, jurisdiction remains limited to certain matters like marine pollution, fishing, and customs.
• International Airspace and High Seas: These areas are generally outside the territorial jurisdiction of any single state, governed by international law and treaties.
• Diplomatic Immunity: Diplomatic agents enjoy immunity from the jurisdiction of the host state.

The Right to Seek Asylum

The right to seek asylum has a complex history, evolving from ancient practices of providing sanctuary to refugees fleeing persecution. The 1951 Refugee Convention and its 1967 Protocol are the primary legal instruments governing asylum. However, the convention itself doesn't explicitly grant a *right* to seek asylum; rather, it defines who is a refugee and outlines the obligations of states towards them.

The concept of "non-refoulement," enshrined in Article 33 of the 1951 Refugee Convention, is crucial. It prohibits states from returning refugees to a country where they face persecution. This is considered a peremptory norm of international law (jus cogens), meaning it cannot be derogated from by treaty or national law.

Arguments for Firm Establishment under International Human Rights Law

• Non-Refoulement as a Fundamental Principle: The widespread acceptance and near-universal ratification of the 1951 Refugee Convention demonstrate the strong international consensus on the principle of non-refoulement.
• Human Rights Law Considerations: The right to seek asylum is inextricably linked to other fundamental human rights, such as the right to life, freedom from torture, and freedom of thought, conscience, and religion. Denying asylum can constitute a violation of these rights.
• State Practice: Despite occasional instances of restrictive asylum policies, the general practice of states reflects a commitment to providing protection to refugees.
• Universal Declaration of Human Rights (UDHR): Article 14 of the UDHR recognizes the right to seek and be granted asylum in other countries. While not legally binding, it is a foundational document influencing the development of human rights law.

Counterarguments and Challenges

• State Discretion: The 1951 Refugee Convention allows states considerable discretion in determining who qualifies as a refugee. This can lead to inconsistent application and denial of asylum based on political considerations.
• Border Controls and Securitization: Increasingly, states are prioritizing border security and immigration control, leading to restrictive asylum policies and practices.
• "Safe Country of Origin" Doctrine: This doctrine allows states to reject asylum claims from individuals originating from countries deemed "safe," even if those individuals face persecution. Its application remains controversial.
• Dublin Regulation: This EU regulation determines which member state is responsible for examining an asylum claim, often leading to "burden-sharing" issues and pushbacks.

Case Study: The Rohingya Refugee Crisis

The Rohingya refugee crisis, beginning in 2017, exemplifies the challenges in upholding the right to seek asylum. Over 700,000 Rohingya Muslims fled Myanmar's Rakhine State due to violence and persecution, seeking refuge primarily in Bangladesh. While Bangladesh provided humanitarian assistance, it did not formally grant asylum, highlighting the complexities of state responsibility and the limitations of international protection mechanisms. The crisis also raised questions about Myanmar’s obligations under international law and the role of the international community in preventing persecution.

Principle	Description
Territorial Jurisdiction	A state's authority over persons, property, and events within its territory.
Non-Refoulement	Prohibition against returning refugees to a country where they face persecution.
Jus Cogens	Peremptory norms of international law that cannot be violated.