Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Section 2--Command Management > Commander's Handbook on the Law of Naval Operations > Flashcards

Commander's Handbook on the Law of Naval Operations Flashcards

1
Q

What qualified as a juridical bay?

A
  • Baseline across the bay may not exceed 24 NM in length
  • The water area of the bay must be as large as or larger than that of a semicircle whose diameter is the length of the line drawn across the mouth
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Does the US recognize any other country’s development of a military security station beyond its territorial seas?

A

Nope. Think Senkaku Islands.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

When was UNCLOS created? When did it take effect?

A

Created in 1982. In effect 1994.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Why did the US originally not sign UNCLOS?

A

Fundamental flaws in its deep seabed mining provisions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Has the US signed UNCLOS?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are internal waters?

A

waters that are landward of the baseline from which the territorial sea is measured

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

How far out from baseline is considered territorial waters?

A

12 nm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

How far out from baseline is considered the contiguous zone?

A

24 nm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

How far out from baseline is considered the exclusive economic zone (EEZ)?

A

200 nm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Where do the high seas start?

A

200 nm from baseline

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Where is the line between national and international airspace?

A

12 nm from baseline

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Where is the deep sea bed?

A

At the edge of the continental shelf

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Where are normal baselines measured?

A

The low-water line as marked on official large-scale charts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is a straight baseline?

A

Where the coastline is deeply indented or where there is a fringe of islands along the coast

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the general rule regarding straight baselines?

A

Must not depart from the general direction of the coast, and the sea areas they enclose must be closely lined to the land domain.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Where should a nation declare its straight baselines?

A

On its charts or via a published list of coordinates of the points joining them together

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

How do unstable coastlines affect the baseline of a nation?

A

Straight baselines may be used to connect the appropriate points on the low-water line

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is a low-tide elevation?

A

a naturally formed land area surrounded by water and that remains above water at low tide, but is submerged at high tide

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Can a straight baseline be used for a low-tide elevation?

A

No. Unless a lighthouse or similar installation, which is permanently above sea level, has been erected.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

How does one test whether a body of water classifies as a bay?

A

The semi-circle test. The water area of the bay must be as large as, or larger than, that of a semicircle whose diameter is the length of the line drawn across the mouth.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is the length limitation of the baseline across the mouth of the bay?

A

24 miles. If there are multiple mouths, the sum across all mouths is considered a single distance.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is the international standard for a historic bay?

A

the nation must demonstrate its open, effective, long-term, and continuous exercise of authority over the bay, coupled with acquiescence by foreign states in the exercise of that authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

How is a baseline drawn for rivers that flow into the sea?

A

straight line across the mouth of the river between points on the low-water line of its banks

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Can reefs be used to draw baselines?

A

Generally no. However, in the case of islands on atolls or of islands with fringe reefs, the seaward low-water line of the reef may be used.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Are harbor works considered part of the baseline?

A

Yes. The outermost harbor work may be used.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What rights do ships and aircraft have in territorial waters?

A

Ships enjoy innocent passage. No overflight of aircraft.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What can a state enforce in a gontiguous zone?

A

Control necessary to prevent or punish infringement of its customs, fiscal, immigration, and sanitary laws and regulations.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What rights do ships and aircraft enjoy on the contiguous zone?

A

High seas freedoms to include overflight

29
Q

What is an EEZ?

A

A resource-related zone. The state has certain sovereign rights, but not sovereignty.

30
Q

What rights do ships and aircraft enjoy in the EEZ?

A

High seas including overflight.

31
Q

Is there a right to innocent passage in internal waters?

A

No.

32
Q

Can ships/aircraft enter internal waters without permission of the coastal state?

A

No, unless in distress.

33
Q

Do islands have territorial seas?

A

Yes

34
Q

What is an island?

A

a naturally formed area of land, surrounded by water, which is above water at high tide

35
Q

What are rocks?

A

islands that cannot sustain human habitation or economic life of their own

36
Q

Do rocks have territorial seas?

A

Yes. Provided they remain above water at high tide.

37
Q

Do rocks have an EEZ?

A

No

38
Q

Does a low-tide elevation have territorial seas?

A

If wholly or partly within territorial seas, may be used for delimiting of territorial seas. If completely outside territorial seas, it does not.

39
Q

Can islands, rocks, and low-tide elevations be converted into another?

A

Naturally yes. Man-made changes or reclaimations cannot.

40
Q

Do artificial islands and off-shore installations have territorial seas?

A

No

41
Q

Who can lay submarine cables and pipelines on the continental shelf of a coastal state?

A

All states.

42
Q

How far can a coastal state establish a Safety Zone around artificial islands?

A

Out to 500 meters, as long as the artificial island is within the coastal state’s EEZ

43
Q

Discuss the concept of Sovereign Immunity with respect to international law on the sea.

A

Any vessel or aircraft operated by a state’s government is immune from arrest, search, and inspection, as well as foreign taxation.

This right extends to protecting the identify of personnel, stores, weapons, or other property onboard the vessel.

44
Q

What ships does the US consider sovereign?

A 
USS
USNS
USCGC
MSC
Any other vessel owned directly by the US
45
Q

What is the US’ stance on sunken warships, downed aircraft or government spacecraft?

A

They all retain their status as sovereign property unless specifically relinquished or abandoned, despite the cause of the sinking / downing / spacing.

The US does not grant permission to salvage sunken warships or military aircraft that contain the remains of deceased service personnel or explosive material.

46
Q

Which ships are the only ships in the US Navy considered “warships” and are authorized to conduct “offensive attacks”?

A

USS

USCGC

47
Q

Are you permitted, as the Captain, to allow foreign police or port authorities to board your warship?

A

Technically, yes, but tread lightly. Do not consent to an onboard search or inspection.

48
Q

After entering a foreign port, are you, as the Captain, permitted to fly the flag of the host State on your ship?

A

Nope

49
Q

Are you permitted to provide a list of crew members or any passengers onboard a USS or USCGC vessel to any port?

A

No.

50
Q

Are you required to permit your ship to following all quarantine requirements of a foreign nation?

A

Yes.

51
Q

What is a Pratique?

A

Clearance granted a ship to proceed into a port after compliance with health or quarantine regulations

52
Q

Are AAVs, LCACs, UAVs, USVs, and UUVs considered sovereign for the purposes of sovereign immunity?

A

Yes.

53
Q

Can you navigate your warship through a coastal state’s territorial sea?

A

Yes, but only if:
- Continuous and expeditious traversing of the territorial sea of a coastal state, or for proceeding to/from internal waters

54
Q

Can you fly aircraft embarked onboard your ship through territorial airspace?

A

NO

55
Q

(Essay) Discuss the various activities that are considered prejudicial to the peace, good order, or security of the coastal State that are inconsistent with Innocent Passage.

A
  • Any threat or use of force against he sovereignty, territorial integrity, or political independence of the coastal nation, or in any manner in violation of the principles of international law embodied in the Charter of the UN
  • Any exercise or practice with weapons of any kind
  • Launching, landing, or taking onboard of any aircraft or military device
  • Any act aimed at collecting information to the prejudice of the defense or security of the coastal nation
  • Any act of propaganda aimed at affecting the defense or security of the coastal nation
  • The loading or unloading of any commodity, currency, or person contrary to the customs, fiscal, immigration or sanitary laws, and regulations of the coastal nation
  • Any act of willful or serious pollution contrary to UNCLOS
  • Any fishing activities
  • The carrying out fo research or survey activities
  • Any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal nation
  • Any other activity not having a direct bearing on passage
56
Q

Does a submarine enjoy the right to innocent passage?

A

Not if it navigates submerged. Yes when surfaced.

57
Q

Can the coastal state place restrictions on the right of innocent passage of foreign vessels?

A

Yes, but they must be reasonable and necessary – like utilizing designated sea lanes and Traffic Separation Schemes

58
Q

Can a coastal state temporarily suspend innocent passage?

A

Yes, but only when it is essential for the protection of its security and publishes the notice to the international community.

It may not discriminate in form or in fact among foreign ships, though.

59
Q

Can aircraft enjoy the right to innocent passage?

A

Only if they are UNMANNED.

60
Q

Can USVs and UUVs enjoy the right of innocent passage?

A

Yes, provided they meet the requirements of not being prejudicial…

61
Q

What are the 3 requirements for Assistance Entry to enter a coastal state’s TTWs without obtaining authoritization to do so?

A
  • Reasonable certainty that a person is in distress
  • Location is reasonably well-known
  • Rescuing unit is in position to render timely and effective assistance

Same for aircraft.

62
Q

If your warship is going to execute Assistance Entry, what must you also do?

A

Contact the host nation’s Search and Rescue authorities

63
Q

What are the 5 types of International Straits?

A
  1. Straits connecting one part of the high seas or EEZ with another part of the high seas or EEZ
    a. Transit Passage applies for all vessels, aircraft, etc.
  2. Straits regulated by long-standing treaties
    a. Treaty terms apply
  3. Straits not completely overlapped by TTS (a high-seas corridor exists in the corridor)
    a. High seas freedoms apply in the corridor
  4. Straits formed by an island of a State bordering the strait and its mainland and where a route of similar convenience exists to the seaward of the island
    a. Non-suspendable innocent passage applies
  5. Straits between a part of the high seas or an EEZ and the territorial sea of a foreign state
    a. Non-suspendable innocent passage applies
64
Q

Define Transit Passage.

A

The exercise of the freedoms of navigation and overflight solely for the purpose of continuous and expeditious transit in the normal modes of operation utilizes by ships and aircraft.

  • Refrain from all activities uninvolved in expeditious, normal transit unless rendering aid or assistance.
65
Q

Are submarines free to transmit international straits submerged? Why or why not?

A

Yes, since that is their normal mode of operation

66
Q

Can you transit through archipelagos?

A

Yes – Transit Passage if in the archipelagic sea lane, Innocent Passage if within archipelagic waters.

67
Q

If you’re in a 50-mile-wide archipelagic sea lane, how close are you permitted to approach an island if the distance between those islands if 40 NM?

A

No closer than 4 NM (“10% of distance between islands)

68
Q

Does the US require other States to obtain its consent prior to conducting marine scientific research in the US EEZ?

A

Nope

69
Q

Does the US recognize any claimed territorial seas of littoral states in the Arctic or Antarctic?

A

No

Section 2--Command Management (16 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions