Law of the Sea

Question 1

Define Internal Waters?
What’s required to enter
Innocent Passage allowed?

Answer 1

Internal waters are inland of the baseline.
You must have State’s permission to enter
Innocent Passage does not apply

Question 2

Territorial Seas

Answer 2

-up to 12 nm from baseline.
-Subject to sovereignty of State
-Innocent Passage is allowed by ships but not by aircraft

Question 3

Contiguous Zone

Answer 3

-up to 24 nm from baseline
-State may exercise necessary control to prevent/punish infringement of (CFIS)
1. Customs
2. Fiscal
3. Immigration
4. Sanitary laws of the State
-High seas freedoms practiced by both ship and aircraft

Question 4

Exclusive Economic Zone

Answer 4

-resource-related zone that extends up to 200 nm
-State has some sovereign right but not sovereignty over the zone

Question 5

Coastal Security Zones

Answer 5

U.S does NOT recognize validity of security zones

Question 6

Sovereign Immunity prevents..

Answer 6

All U.S mil vessels/aircraft are immune to (SAFEP)
1. Search and Inspection
2. Arrest
3. Foreign Taxation
4. Retain exclusive control over persons on board
5. Protects identity, stores, weapons, property

Question 7

Definition of Military Aircraft
Military Aircraft International Status

Answer 7

-operated by armed forces of a State, bearing military markings, commanded by military member
-International status is that of a State Aircraft

Question 8

State Aircraft…
May:
May not:

Answer 8

May exercise transit passage, archipelagic sea lane passage, and entry in distress
May NOT enter another states airspace or land without authorization
May NOT be boarded by foreign officials without consent of aircraft commander

Question 9

Transit Passage and where does it apply?
What SHALL you do while exercising transit passage (PRN)
Who enjoys this right?

Answer 9

-Defined as exercise of freedom of navigation AND overflight through international straits in the normal modes of operation
-while exercising the right of transit passage, the State SHALL
1. Proceed without delay through/over the strait
2. Refrain from any threats or use force against Coastal state
3. refrain from activities other than normal modes unless for rendering assistance, force majeure, distress
-Aircraft and ship enjoy the right to unimpeded transit passage through airspace above international straits.
-cannot be hampered or suspended by Coastal state for any purpose during peacetime

Question 10

Innocent Passage
Does it apply to aircraft?
When is it NOT innocent passage

Answer 10

-Ships have innocent passage for the purpose of Continuous and Expeditious traversing of territorial seas or for proceeding to/from internal waters
-Ships enjoy the right of innocent passage but Aircraft DO NOT
-Innocent so long as it is not prejudicial to peace, good order, security (PGS)