Law Of The Sea

Question 1

Internal waters

Answer 1

Landward of the baseline from which territorial seas are measured

Question 2

Territorial seas

Answer 2

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

Question 3

Contiguous zone

Answer 3

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

Question 4

Exclusive economic zone

Answer 4

Resource-related zone adjacent to the territorial sea where a state has certain sovereign rights and may not extend beyond 200nm from the baseline.

Question 5

High seas

Answer 5

Includes all parts of the ocean seaward of the EEZ

Question 6

Military aircraft

Answer 6

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

Question 7

Innocent passage

Answer 7

Continuous and expeditious traversing of the territorial sea or for proceeding to or from internal waters. Passage shall not be prejudicial to peace and good order, or security of the coastal nation

Question 8

Assistance entry

Answer 8

-All ship and aircraft commanders have an obligation to assist those in danger of being lost at sea.

-Permits assistance entry into the territorial sea by ships or, under certain circumstances, aircraft without permission of the coastal nation to engage in bona fide efforts to render emergency assistance to those in danger or distress at sea.

-This right applies only when the location of the danger or distress is reasonably well known. It does not extend to entering the territorial sea or superjacent airspace to conduct a search, which requires the consent of the coastal nation.

Bona fide efforts
Location well known
Not a search

Question 9

Archipelago sea lanes passage

Answer 9

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

Question 10

Asylum

Answer 10

Protection and sanctuary granted by the US gov within its territorial jurisdiction or in international waters to a foreign nation who applies for such protection because of persecution or fear of persecution on account of race, religion etc. this is a higher authority decision

Question 11

Temporary refuge

Answer 11

Protection afforded 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

Question 12

Right of approach and visit

Answer 12

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. Engaged in piracy
2. Engages in the slave trade
3. Engaged in unauthorized broadcasting
4. Without nationality
5. Though flying a foreign flag, or refusing to show its flag, is the same nationality as the warship

Question 13

Posse Comitatus

Answer 13

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.

Question 14

Warning shots

Answer 14

To warn offending vessel to stop or maneuver does not constitute a use of force

Question 15

Disabling fire

Answer 15

Used of warning shots go unheeded and you fire into the non complaint vessels rudder, engine room, to stop it

Question 16

Right of self defense

Answer 16

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

Question 17

Anticipatory self-defense

Answer 17

Inherent right to protect itself from imminent attack and no reasonable choice of peaceful means is available

Question 18

DOD assistance

Answer 18

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