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