1. Core Legal Answer & Context: Territorial Jurisdiction of States: Territorial jurisdiction refers to the power of a state to prescribe, adjudicate, and enforce laws within its geographical boundaries. It is the most fundamental and universally accepted basis for a state's jurisdiction, stemming directly from the principle of state sovereignty. This jurisdiction extends over a state's land territory, internal waters, territorial sea (up to 12 nautical miles from the baseline), and the airspace above these areas. It encompasses all persons, property, and events occurring within these limits, subject to certain exceptions like diplomatic immunity or the status of visiting foreign forces. The territorial principle asserts that a state has exclusive authority to regulate conduct within its borders, and conversely, generally refrains from exercising jurisdiction over acts committed outside its territory, unless other principles of jurisdiction (e.g., nationality, protective, universality) apply.

Right to Seek Asylum under International Human Rights Law: I agree with the view that the 'right to seek asylum' is firmly established under international human rights law, though it is crucial to distinguish it from a 'right to be granted asylum'.

• Right to Seek vs. Right to Be Granted: The Universal Declaration of Human Rights (UDHR), Article 14(1), states: "Everyone has the right to seek and to enjoy in other countries asylum from persecution." This establishes an individual's right to approach a state and apply for asylum, and for that application to be considered. It does not, however, confer an absolute right to be granted asylum by any state. The decision to grant asylum remains largely within the sovereign discretion of individual states, subject to their international obligations.

• Principle of Non-Refoulement: The cornerstone of the right to seek asylum, and its most firmly established aspect in international law, is the principle of non-refoulement. This principle, enshrined in Article 33(1) of the 1951 Convention Relating to the Status of Refugees, prohibits states from expelling or returning a refugee "in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion." This principle has evolved beyond refugee law and is now widely recognized as a norm of customary international law, applicable not only to refugees but also to individuals facing a real risk of torture, cruel, inhuman, or degrading treatment or punishment, or arbitrary deprivation of life, as protected by various human rights treaties.

• Broader Human Rights Framework: The right to seek asylum is reinforced by other international human rights instruments. For instance, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), Article 3, explicitly prohibits states from expelling, returning, or extraditing a person to another state where there are substantial grounds for believing that he would be in danger of being subjected to torture. Similarly, the International Covenant on Civil and Political Rights (ICCPR) and regional human rights conventions (e.g., European Convention on Human Rights) protect rights to life and freedom from torture, which implicitly require states to consider asylum claims to prevent violations of these fundamental rights.

2. Relevant Statutes and Sections:

• Territorial Jurisdiction: Primarily based on customary international law. UN Charter Article 2(7) (non-intervention in domestic affairs) implicitly supports territorial jurisdiction.
• Right to Seek Asylum:
  • Universal Declaration of Human Rights (UDHR) 1948, Article 14(1).
  • 1951 Convention Relating to the Status of Refugees, Article 33 (Non-refoulement).
  • 1967 Protocol Relating to the Status of Refugees.
  • Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) 1984, Article 3.
  • International Covenant on Civil and Political Rights (ICCPR) 1966, Articles 6 (right to life) and 7 (freedom from torture).
  • Regional instruments like the European Convention on Human Rights (ECHR) 1950, Articles 2 (right to life) and 3 (prohibition of torture).

3. 1-2 Important Landmark Cases:

• Territorial Jurisdiction: The S.S. Lotus Case (France v. Turkey) (PCIJ, 1927) affirmed the territorial principle as the primary basis for jurisdiction, stating that a state cannot exercise its power in any form in the territory of another state, but within its own territory, it may exercise its jurisdiction in any case which is not prohibited by international law.
• Right to Seek Asylum: The Soering v. United Kingdom (ECtHR, 1989) case established that extradition to a country where the individual faces a real risk of torture or inhuman/degrading treatment would violate Article 3 of the ECHR. This landmark ruling significantly strengthened the principle of non-refoulement as a human rights obligation, extending its application beyond the strict confines of refugee law.

4. Clear Conclusion: While states possess inherent territorial jurisdiction as a core aspect of their sovereignty, this power is not absolute and is increasingly constrained by international human rights law. The 'right to seek asylum' is indeed firmly established, primarily through Article 14 of the UDHR and, more robustly, through the principle of non-refoulement enshrined in the 1951 Refugee Convention and reinforced by other human rights treaties. This principle, now considered customary international law, obliges states to refrain from returning individuals to places where they face persecution, torture, or other severe human rights violations, thereby providing a crucial legal safeguard for those seeking protection, even if the ultimate decision to grant asylum remains a sovereign prerogative.