Law of the Sea

Question 1

What are the maritime zones?

Answer 1

Territorial sea- Article 3 UNCLOS

Contiguous zone-
Article 33 UNCLOS

Exclusive Economic Zone-
Article 56 and 57 UNCLOS

Question 2

What is the territorial sea?

Answer 2

Measured from the low water baseline, must not exceed 12nm. Is the State’s territory essentially. May sometimes be measured in other ways.

Question 3

What is the Contiguous Zone?

Answer 3

Zone contiguous to territorial sea, extends for a further 12nm or 24 nm from the low water baseline.

Question 4

What may a coastal State do in the contiguous zone?

Answer 4

Exercise control necessary to:

a) Prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations
b) Punish infringement of the laws and regulations committed within its territory or territorial sea

Question 5

What is the Exclusive Economic Zone?

Answer 5

No more than 200nm from the baseline. Subject to specific restrictions.

Question 6

What can the coastal State do in the Exclusive Economic Zone?

Answer 6

Has sovereign rights for exploring and exploiting, conserving and managing natural resources.

Includes sea bed and its subsoil

Question 7

What are the High Seas?

Answer 7

Any mass of salt water that is not part territorial see or internal waters. Article 87 UNCLOS

Question 8

What is the right of innocent passage?

Answer 8

UNCLOS Art 17- Ships of all States enjoy right of innocent passage through the territorial sea.

Question 9

What are the rules for maritime delimitation?

Answer 9

States are free to apply the equidistance principle or others to delimit. When coasts are adjacent, neither can extend the territorial sea beyond the median line as per article 15 UNCLOS.

Question 10

Who can pass through the EEZ?

Answer 10

Anyone- same as High Seas

Question 11

Who has jurisdiction over territorial sea?

Answer 11

Coastal State but this doesn’t extend to those exercising peaceful passage- Article 27 UNCLOS.

Question 12

What is the Sic Utere principle?

Answer 12

States should respect the environment of other States.

Question 13

What is the Prevention principle?

Answer 13

Cornerstone of international environmental law. Stockholm Convention. Harm should be prevented as irreversible.

Question 14

What is the principle of cooperation?

Answer 14

There should be consultation between States when there’s a risk of transboundary environmental harm.

Question 15

What is the issue with environmental customary law?

Answer 15

Only really applies after the damage is done.

Question 16

What are the principles of environmental customary law?

Answer 16

Due Dilligence
Polluter-pays
Precautionary
Prevention 
Sic Utere
Cooperation

Question 17

Anglo Norwegian Fisheries Case

Answer 17

Norway has unconventional coastline

Issue of how the territorial sea should be measured. The UK argued that they should be allowed to fish in the disputed water following 12nm low water baseline.

ICJ ruled in Norway’s favour. The geographical peculiarities could not be ignored.

Question 18

Corfu Channel Case

Answer 18

ICJ

Every state is obliged not to knowingly allow its territory to be used to commit acts against the rights of any other state. This meant Albania was obliged to warn others that its territorial waters were mined.

Question 19

Gabcikovo-Nagymaros