4. The Law of the Sea Flashcards

Session 4

1
Q

UNCLOS key principles

A

Art. 2 Territorial sea
Art. 5 Normal baseline
Art. 7 Straight baseline
Art. 8 Internal waters
Art. 47 Archipelagic baselines
Art. 48. Exclusive economic zone
Art. 19. Right to innocent passage
Art. 76. Continental Shelf
Art. 87 Freedom of the high seas

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2
Q

Territorial sea

A

UNCLOS Art. 2

The territory from the landward baseline seaward, where there are right to innocent passage but no fishing, weapon activity or ressource exploiting nor pollution nor stopping up.

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3
Q

Straight baseline

A

UNCLOS Art. 7.
Internal waters
Connects point of the coast, if there are deep cuts in the coastline. + If there is a island vicinity around the mainland coast.

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4
Q

Archipilagic baseline

A

Article 47
Internal waters
1:9 - 9:1 of the land
Connects the outer islands (like the Phillipines)

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5
Q

Contiguous zone

A

Art. 33

Coastal state controls up to 24 nautical miles to prevent and punish customs, fiscal, immigration, or sanitary law violations in its territory or territorial sea.

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6
Q

Exclusive Economic Zone

A

Art. 48.

Sovereign Rights: Explore, exploit, conserve, and manage resources of waters, seabed, subsoil, and produce energy from water, currents, and wind.

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7
Q

Normal baseline

A

Art. 5
Internal waters
Low-water baseline. Up to 12 miles

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8
Q

Continental shelf

A

Art. 76 UNCLOS

Up to 350 Nautical miles from contigios zone.

Exploits only: Seabed, subsoil only. No waters.

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9
Q

Right to innocent passage

A

Article 19.

The ship is simply navigating through the territorial sea without stopping, except for emergencies or necessary stops.

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10
Q

Freedom of the High Seas

A

Art. 87

No one has soverignity, and therefor free passage, right to fishing, overflights, cables and pipelines + artificial islands. - Must be disputed between states.

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11
Q

Common Heritage of mankind

A

A principle declaring that areas like the deep seabed and their resources are shared by all humanity, not owned by any state, with benefits equitably distributed and sustainably managed.

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12
Q

Yi Peng

A

Innocent Passage: Anchoring in territorial waters is only allowed under specific conditions (e.g., distress).

Freedom of Navigation: Anchoring in the EEZ or beyond is legal unless tied to harmful activities like surveillance or environmental harm.

Security Concern: Proximity to vital Danish infrastructure sparks questions about the ship’s intent and legality.

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