11) Law of the Sea Flashcards
What is the United Nations Convention on the Law of the Sea (UNCLOS)?
(Hint: Think about its nickname and scope.)
Answer:
UNCLOS, often called the "constitution for the oceans," governs state rights and responsibilities over maritime zones. It establishes rules for navigation, resource use, environmental protection, and dispute settlement.
Connection: UNCLOS balances state sovereignty with global interests, ensuring equitable use of maritime spaces.
What is the territorial sea, and what rights do states have over it?
(Hint: Think about sovereignty and passage.)
Answer:
Coastal states exercise sovereignty over waters up to 12 nautical miles from their baselines (Article 2, UNCLOS). Foreign vessels may navigate under innocent passage (Article 17).
Connection: The territorial sea ensures state control while maintaining navigation rights for other states.
What is the Exclusive Economic Zone (EEZ)?
(Hint: Think about resource rights.)
Answer:
The EEZ extends 200 nautical miles from baselines. Coastal states have rights to explore and exploit resources (Article 56), while others retain navigation and overflight freedoms.
Connection: The EEZ balances economic control for coastal states with shared global use.
What is the continental shelf, and how does it extend beyond the EEZ?
(Hint: Think about seabed rights.)
Answer:
The continental shelf includes the seabed and subsoil beyond 200 nautical miles, where coastal states may exploit resources (Article 76).
Connection: This zone ensures sovereign rights over seabed resources, subject to international verification.
What freedoms are guaranteed on the high seas?
(Hint: Think about shared rights.)
Answer:
Under Article 87, freedoms of the high seas include navigation, overflight, fishing, and scientific research.
Connection: The high seas remain a global commons, fostering international cooperation and sustainability.
What is the contiguous zone, and what laws can states enforce there?
(Hint: Think beyond the territorial sea.)
Answer:
The contiguous zone extends 24 nautical miles from baselines, where states enforce laws on customs, immigration, and sanitation (Article 33).
Connection: This zone allows states to protect their borders while ensuring compliance with international law.
What jurisdiction applies to vessels on the high seas?
(Hint: Think about the flag state.)
Answer:
High seas vessels fall under the jurisdiction of their flag state, which must ensure compliance with international regulations (Article 94).
Connection: This ensures accountability while maintaining freedom of navigation.
What are key challenges in maritime boundary disputes?
(Hint: Think about overlaps and adjudication.)
Answer:
Overlapping claims between states often require adjudication or arbitration under UNCLOS mechanisms. Example: The North Sea Continental Shelf Case involved delimiting maritime boundaries.
Connection: Boundary disputes test the effectiveness of international dispute resolution mechanisms.
What tensions exist between freedom of navigation and state control?
(Hint: Think about strategic straits.)
Answer:
Innocent passage through territorial seas and transit passage in straits like Hormuz often conflict with coastal state security and economic interests.
Connection: Resolving these tensions is vital for maintaining international maritime stability.
Why is UNCLOS considered a global maritime order framework?
(Hint: Think about sovereignty and shared interests.)
Answer:
UNCLOS establishes rules for equitable use of maritime zones, balancing state sovereignty with global interests in navigation, trade, and conservation.
Connection: It creates a structured legal framework to address complex maritime issues.
How does UNCLOS handle conflict resolution?
(Hint: Think about dispute settlement.)
Answer:
Part XV of UNCLOS provides for peaceful dispute resolution through arbitration, negotiation, or ICJ adjudication.
Connection: This ensures conflicts are addressed legally, reducing the risk of escalating disputes.
How does UNCLOS integrate customary international law?
(Hint: Think about its application to non-parties.)
Answer:
Many UNCLOS provisions, such as freedom of navigation, reflect customary international law, binding even non-party states like the United States.
Connection: This enhances the convention’s relevance and applicability globally.
