4: Law of the Sea Flashcards
Baselines:
must be established to measure each of the zones.
Arts 3-14: measured from low-water line along the coast marked on large-scale charts recognised by the coastal state.
particular rules for:
straight baselines
fringing reefs - low water line of reef
bay & river mouths
islands vs. rocks
deeply indented coastlines - baselines can be drawn along tips of the outer reaches.
Bays:
Art 10: a well-marked indentation, distance shall not exceed 24nm.
area is at least as large than that of a semi circle whose diameter is a line drawn across its mouth.
historic bays:
nation must demonstrate its open, effective, long term authority over the bay.
Islands:
Art 121: naturally formed area of land surrounded by water but above water at high tide.
capable of sustaining human habitation or economic life on its own.
generates its own territorial sea & other zones inc. EEZ.
Rocks:
Art 121(3): defined as islands which cannot sustain human habitation or economic life.
can have territorial sea and CZ provided it remains above water level at high tide, but no EEZ or CS.
Internal Waters & Sovereignty:
Art 8(1): waters on the landward side of the baseline.
any port is automatically internal water,
state has complete sovereignty over internal waters.
other states have no right of access or innocent passage, need permission.
only exception: right of distress allows into port only if imminent peril.
Territorial Sea:
Breadth of 12nm
Above territorial sea = national airspace so no right of flight. (AUS says 100kms)
Satellites: no prohibition.
Innocent passage? Yes, but must meet all requirements.
Submarines must be on surface and showing their flag.
Innocent Passage:
Art 17: permitted, provided that:
continuous & expeditious
non-prejudicial to peace and security of state.
submarines must be surface with flag.
aircraft do not have IP.
warships? no requirement for permission, and do have a right to IP. however, certain military activities prohibited.
Prohibited in Innocent Passage:
Art 19:
threats or use of force
weapons
collection of intelligence
breaches of local regulations
research/surveys
serious pollution
launching or landing of aircraft
launching military devices
Potential responses to prohibited activities:
Art 25(1) and (3):
may take the necessary steps in territorial sea to prevent passage.
coastal state can suspend areas of its territorial sea - but only temporarily.
shall only take effect id duly published.
Who has sovereign immunity?
ARTS 32,96: naval & state vessels engaging in non-commercial travel.
If a warship does not comply - coastal state can ask it to leave their territorial sea (Art 30).
Resources:
coastal state enjoys sovereignty over the living and non-living resources in its:
territorial sea, airspace above territorial sea, seabed and subsoil below.
sole right to conserve or exploit these resources as it wishes.
Hot Pursuit:
Art 111: permitted, but requires:
‘good reason to believe’ ship has violated law.
valid law applicable
auditory or visual sign first
only government authorised vessel
uninterrupted
stops if ship enters third party waters.
failure of these requirements can make hot pursuit invalid.
Contiguous Zone:
Art 33: can claim CZ up to 24nm from baseline.
within this, state can expertise control necessary to:
i. prevent infringement
ii. punish infringement
Exclusive Economic Zone:
Arts 55-75: up to 200nm zone.
56: sate has jurisdiction here over:
i. exploration
ii. exploitation
iii. conservation
iv. management
all living or non-living resources, artificial islands, installations, structures, MSR + protection of environment.
Exclusive right to Marine Scientific Research (MSR):
Art 56(1)(b)(ii): other states must get permission before doing so.
however, MRS not clearly defined.
US: information not collected for the purpose of MSR does not count(navigation etc), do not need permission.
China: fiction of collection of anything constitutes as MSR; need permission.
