17-22

Question 1

codification of law of seas

Answer 1

UN heldits rstConferenceontheLaw of the Sea (UNCLOS I) in Geneva, Switzerland, which resulted in four treaties concluded in 1958: (TCHF)

○ Convention onthe Territorial Sea and Contiguous Zone
○ Convention onthe Continental Shelf, entry into force
○ Convention onthe High Seas, entry into force
○ Convention onFishing and Conservation of Living Resources of the High Seas

UNCLOS 1 was a success but did not address the issues of territorial waters

Question 2

Territorial Sea

Answer 2

• Sovreignty of state is conned not only to the waters and landlying within its boundaries but also extends to a part of the sea which is adjacent to the costal state.
  Baseline
  ● The different maritime zones of a coastal state are measured from the a line called the baseline.
  ● The width of the territorial sea is de ned from the low-water mark around the coasts of th

Question 3

Anglo-NorwegianFisheries: ICJ

Answer 3

TheCourt noted that the normal method of drawing baselines that are parallel to the coast was not applicable in this case because it would necessitate complex geometrical constructions in view of the extreme indentations of the coastline and the existence of
the series of islands fringing the coasts.
○ The Court also made the point that the Norwegian system had been applied consistently over many years and had met no objections from other states, and that the
UK had not protested until many years after it had rst been introduced- therefore customary international law

Question 4

territorial sea, contigious zone, EEZ

Answer 4

Territorial Sea
The territorial sea is the belt of coastal waters extending up to 12 nautical miles from the baseline (usually the low-water mark along the coast).

Rights:
Sovereignty: The coastal state exercises sovereignty over the territorial sea, including the airspace above it and the seabed and subsoil beneath it.
Innocent Passage: Ships of other states enjoy the right of innocent passage, provided it is not prejudicial to the peace, good order, or security of the coastal state (Article 17, UNCLOS).

Contiguous Zone
The contiguous zone extends beyond the territorial sea up to 24 nautical miles from the baseline.

Rights:
The coastal state has limited control in this zone to prevent and punish infringements of:
* Customs
* Fiscal laws
* Immigration laws
* Sanitation laws (Article 33, UNCLOS).
Purpose:
This zone allows coastal states to enforce their laws in areas critical to their sovereignty without extending full territorial control.

Exclusive Economic Zone (EEZ)- 200 NM from baseline

Rights:
Sovereign rights: The coastal state has sovereign rights over:
Exploration, exploitation, conservation, and management of natural resources (both living and non-living) in the water column, seabed, and subsoil.
Activities like the production of energy from water, currents, and wind.
Jurisdiction: The coastal state can regulate artificial islands, installations, marine scientific research, and environmental protection.
Other States’ Rights in eez
Other states have freedom of navigation, overflight, and the laying of submarine cables and pipelines, subject to compliance with international law (Article 58, UNCLOS).

Question 5

right of innocent passage

Answer 5

• foreign merchant ships have right to pass unhindered through the territorial sea of a coast and it is for ships os ALL states
• ## passage includes stopping and anchoring but only if it is incidental to ordinary navigation or rendered necessary by force majeure or is for distresss or giving assistance to others in distress

Question 6

Continental Shelf

Answer 6

the ledges that project from the continental landmass into the seas and which are covered with only a relatively shallow layer of water (some 150–200 metres) and which eventually fall away into the ocean depths (some
thousands of metres deep). this continental shlef is typically rich in oil and gas and thus law of seas has developd to include the continental shelf under eez

Question 7

High Seas

Answer 7

high seas are the open part of a sea orocean,especially outside territorial waters. They are also known as areas beyond national jurisdiction. open to all states whether coastal or landlocked
(a)freedom of navigation;
■ (b)freedom of overflight;
■ (c)freedom to lay submarine cables and pipelines, subject to Part VI;
■ (d) freedom to construct artifcial islands and other installations permitted under international law, subject to Part VI;
■ (e)freedom of fishing, subject to the conditions
freedom of scientific research

high seas shall be reserved for peaceful purposes, and no state can claim sovreignity

ships can sail under the flag of only one state and cannot change its flag during voyage unless there is a REAL transfer of ownership

Answer 8

The principles of the United Nations (UN), as outlined in the UN Charter, guide its actions and objectives. Key principles include:

1. Sovereign Equality: All member states are equal under international law (Article 2(1)).
2. Peaceful Dispute Resolution: States must resolve conflicts through peaceful means without threatening international peace (Article 2(3)).
3. Prohibition of Force: Use of force against the territorial integrity or political independence of any state is prohibited, except in self-defense or with UN Security Council authorization (Article 2(4)).
4. Non-Interference: The UN cannot interfere in the domestic affairs of states, except when enforcing international peace and security (Article 2(7)).
5. Cooperation: Members should work together to address global issues like development, human rights, and environmental challenges.
6. Self-Determination: The UN promotes the right of peoples to determine their political status and development.
7. Collective Security: The UN aims to prevent aggression and maintain peace through collective action.

These principles aim to uphold peace, security, and cooperation worldwide.