4. The Law of the Sea Flashcards
Session 4
UNCLOS key principles
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
Territorial sea
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.
Straight baseline
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.
Archipilagic baseline
Article 47
Internal waters
1:9 - 9:1 of the land
Connects the outer islands (like the Phillipines)
Contiguous zone
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.
Exclusive Economic Zone
Art. 48.
Sovereign Rights: Explore, exploit, conserve, and manage resources of waters, seabed, subsoil, and produce energy from water, currents, and wind.
Normal baseline
Art. 5
Internal waters
Low-water baseline. Up to 12 miles
Continental shelf
Art. 76 UNCLOS
Up to 350 Nautical miles from contigios zone.
Exploits only: Seabed, subsoil only. No waters.
Right to innocent passage
Article 19.
The ship is simply navigating through the territorial sea without stopping, except for emergencies or necessary stops.
Freedom of the High Seas
Art. 87
No one has soverignity, and therefor free passage, right to fishing, overflights, cables and pipelines + artificial islands. - Must be disputed between states.
Common Heritage of mankind
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.
Yi Peng
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.