Law Of The Sea Flashcards
Internal waters
Landward of the baseline from which territorial seas are measured
Territorial seas
Belt of ocean measured seaward up to 12 nautical miles from the baseline of the coastal nation and subject to its sovereignty. Ships enjoy the right of innocent passage in territorial sea but this does not include aircraft overflight of territorial seas
Contiguous zone
Area extending seaward from baseline up to 24nm in which the coastal nation may exercise the control necessary to prevent or punish infringement of customs, fiscal, immigration, and sanitary laws and regulations that occur within its territory. Ships enjoy high seas freedoms including overflight in this zone
Exclusive economic zone
Resource-related zone adjacent to the territorial sea where a state has certain sovereign rights and may not extend beyond 200nm from the baseline.
High seas
Includes all parts of the ocean seaward of the EEZ
Military aircraft
Enjoy sovereign immunity from foreign search and inspection
May not enter national airspace or land on sovereign territory without that nations authorization
Foreign officials may not enter the aircraft without Aircraft commander permission
Innocent passage
Continuous and expeditious traversing of the territorial sea for proceeding to or from internal waters. Passage shall not be prejudicial to peace and good order, or security of the coastal nation
Assistance entry
May enter territorial sea without permission of the coastal nation to engage in efforts to render emergency assistance to those in danger or distress at sea
Reasonable certainty that there is a person in distress, location is well known, and effective assistance can be provided.
Shall not ask permission, shall make timely notification to appropriate authority without delaying action
Archipelago sea lanes passage
Exercising freedom of navigation and overflight for the continuous and expeditious transit through archipelagic waters in normal operating modes of ships and aircraft
Required to remain within 25nm either side of the axis line and must approach no closer to the coastline than 10 % the distance between points on islands bordering the sea lane and axis line
-Asylum
-In territorial or international waters
-In foreign jurisdiction
International law recognizes the right of a state to grant asylum to foreign nations, who due to persecution or fear of persecution on account of race/religion/gender are unable/unwilling to avail themselves of protection of his/her country
Territorial/International waters: any person requesting asylum will be received on board US Navy vessels.
In foreign jurisdiction, asylum is NOT authorized however in extreme circumstances involving imminent danger to life and safety of persons, temporary refuge may be granted
Temporary refuge
Who can terminate it
Protection afforded solely for humanitarian reasons to a foreign national in a DOD installation or vessel within territorial jurisdiction of a foreign nation under conditions of urgency in order to secure the life and safety of that person against imminent danger, such as pursuit by mob
Protection may be terminated only by sec nav or higher
Right of approach and visit (WSSUP)
A warship or military aircraft may approach a vessel in international waters to verify its nationality. Unless it is a vessel of another foreign military it may be stopped, boarded and examines if there is reasonable suspicion of:
1. Without nationality
2. Engages in the slave trade
3. Same nationality as the warship, though flying a foreign flag, or refusing to show its flag, is the
4. Engaged in unauthorized broadcasting
5. Engaged in piracy
Posse Comitatus
A force to aid civilian law enforcement authorities in keeping peace and arresting felons, or otherwise to execute domestic law is prohibited unless expressly authorized by the constitution or act of Congress.
Warning shots
To warn offending vessel to stop or maneuver, does not constitute a use of force
Disabling fire
Used if warning shots go unheeded and you fire into the non complaint vessels rudder, engine room, to stop it
Right of self defense elements
Use of force rests upon two elements:
1. Necessity: requirement that a use of force be in response to a hostile act or demo of hostile intent
2. Proportionality: use of force is limited in intensity, duration and scope to that which is reasonably required to counter the attack or threat of attack and ensure continued safety of US Forces
Anticipatory self-defense
Inherent right to protect itself from imminent attack and no reasonable choice of peaceful means is available
DOD assistance
What are the things you can do?
Some activities to aid civil law enforcement may be authorized under the military purpose act. Congress has specifically authorized the limited use of military to assist in DIO and in certain circumstances counter terrorism ops
-Detect, monitor, communicate with sea/air traffic, aerial recon
All US Military Vessels are immune to SAFEP
Search and Inspection
Arrest
Foreign Taxation
Exclusive Control of persons on board
Protection of identity, stores, weapons, property
Does US recognize validity of security zone claims?
What are these claims
NO
A claim to limit/control the activities outside territorial waters of military vessels.
Definition of Assistance Entry
What is required for Right of Assistance Entry (RLIP)
A humanitarian duty to render assistance to persons in distress
Aircraft have the authority to enter corresponding airspace without permission of coastal state when…
1. Reasonable Certainty exist that person is in distress
2. Location reasonably well known
3. In position to render timely and effective assistance
4. Provide timely notification to State
What does right of assistance entry not include
Does not include conducting search operations
Define Force Majeure
right of emergency entry into territorial waters of coastal state to take refuge from extreme perils of the sea
Can Force Majeure be denied
Yes, if coastal state believes there are other avenues of safety available
Duty of Naval Commander
Insofar as he/she can do so without serious danger to his/her ship or crew. CO SHALL proceed in all possible speed to rescue persons in distress
During Transit Passage ship’s and aircraft shall (PRN)
Proceed without delay
Refrain from threats/use of force
Normal mode of continuous/expeditious transit unless in distress/force majeure
Who’s decision is it to terminate temporary refuge?
Secretary of the Navy or Higher
When does hot pursuit being
What is required for Hot Pursuit (WACT)
When a ship fails to heed an order to stop and submit to law enforcement of a State hot pursuit may be initiated
1.Can only be exercised by warship/aircraft
2. Allows for prosecution even if vessel is no longer in State’s maritime zone where violation occurred
3. Must be continuous in pursuit
4. Terminates when pursued ship enters territorial sea of another country. Unless other country is cool with it.
Hostile Act
attack/use of force against U.S, U.S forces or persons/property. Includes force to impede mission.
Hostile Intent
imminent threat of use of force against U.S forces, persons or property
