Law of the Sea Flashcards
National Airspace / Territorial Sea
12 NM
Contiguous Zone
24 NM
Economic Exclusion Zone
12-200 NM
High Seas
200 NM and beyond
Low Water Line
The normal baseline from which maritime claims of a state are measured is the low-water line along the coast
Territorial Seas
Belt of ocean that is measured seaward up to 12 NM from the baseline of the coastal state.
Right of innocent passage for ships.
Innocent passage does not include right for aircraft overflight.
Contiguous Zone
Seaward from the baseline up to 24 NM in whcih coastal state may exercise control necessary to prevent or punish infringement of its customs, fiscal, immigration, and sanitary laws.
Ships and aircraft enjoy high seas freedom, including overflight.
Exclusive Economic Zone
EEZ beyond 200 NM from the baseline.
Ships and aircraft enjoy high seas freedoms including overflight
Archipelagic Waters and Sea Lanes
A state that is constituted wholly of one or more groups of islands.
Archipelagic baselines joining the outermost points of their outermost islands
May designate sea lanes suitable for continuous and expeditious passage of ships and aircraft
Sovereign Immunity
All vessels owned or operated by a state are entitled to sovereign immunity.
Such vessels are immune from arrest or search
Aircraft retain sovereign immune status until relinquished or abandoned
Warship
A ship belonging to armed forces of a nation bearing the markings distinguishing the character and nationality under the command of an officer duly commissioned by that government
Auxiliary Vessel - Other than warships owned by or under the control of the armed forces
Military Aircraft
Include all aircraft operated by commissioned units of the armed forces of a nation, commanded by a member of the armed forces
State Aircraft and under sovereign immunity, subject to the right of transit passage and entry in distress
May not enter international airspace or land in the nation without authorization
Foreign officials may not board the aircraft without the consent of the aircraft commander
Overflight of National Waters
Exceptions to the rule of non-entry into internal water without coastal nation permission arise when rendered necessary by force majeure or distress
Innocent Passage
Ships (not aircraft) enjoy right of passage for continuous and expeditious traversing of the territorial sea
Passage is innocent so long as it is not prejudicial to the peace, good order, or security of the coastal nation
- Launching, landing, taking onboard aircraft is prejudicial
Assistance Entry
All ship and aircraft commanders have an obligation to assist those in danger of being lost at sea
Aircraft have the right to enter without the permission of the coastal nation to engage in bona fide efforts to render emergency assistance when the location is reasonably know. Does not include entering the territorial sea or airspace to conduct a search
International Straits
Transit Passage between high seas to another high sea
Ships and aircraft enjoy the right of unimpeded transit through straits
Solely for the purpose of continuous and expeditious transit.
Exercising right of Transit Passage
-shall proceed without delay through strait
-shall refrain from any threat or use of force
-shall refrain from any activity other than those of normal mode of continuous transit
Archipelagic Sea Lane Passage
All ships and aircraft may transit through archipelagic waters and adjacent territorial seas via all routes normally used for international navigation and overflight
Archipelagic Designated Sea Lane Passage
Designated sea lane
-ships and aircraft stay within 25 NM either side of the axis line, and must approach no closer to the coastline than 10% of the distance between the points on islands bordering the sea lane
High Seas Freedom
Ships and aircraft enjoy complete freedom of movement and operation on and over the high seas.
Any nation may declare a temporary warning area to advise other nations of the conduct of activities are hazardous to navigation or overflight.
Not required to stay out of warning areas
Innocent Passage of aircraft through territorial seas
No right of innocent passage through the airspace over the territorial sea
Foreign state aircraft in distress are entitled to enter national airspace to make emergency landings
International Airspace
Airspace over contiguous zone, exclusive economic zone, the high seas and territories not subject to sovereignty
Military aircraft may engage in flight ops, ordnance testing/firing, ISR, and support of other naval activities
Convention of International Civil Aviation
Does not apply to state aircraft
State aircraft are required to operate with “due regard for the safety and navigation of civil aircraft”
Flight Information Regions
Area of airspace within which flight info and alerting services are provided
national and international airspace
ADIZ
Legal basis for ADIZ is the right of nations to establish reasonable conditions of entry into its territory.
US military aircraft not intending to international airspace should not identify themselves or comply with ADIZ procedures unless the US has specifically agreed to do so
Asylum
US protection or sanctuary granted by the US government within its territorial jurisdiction to a foreign national who applies for such protection because of persecution or fear of persecution on account of race, religion, nationality, or political opinion
Any person requesting asylum in international waters or its territories will be received onboard
Under no circumstances will a person seeking asylum be surrendered by the US Navy unless at the personal direction of SECNAV or higher
Temporary Refuge
Protection afforded for humanitarian reasons, the OIC must decided which measures can prudently be taken.
Temporary Refuge should be terminated when the period of danger is ended
Inviting Asylum
US armed forces personnel shall neither directly nor indirectly invite persons to seek asylum or temporary refuge
Right of approach and visit
Aircraft may approach any vessel in international waters to verify its nationality.
Unless the vessel is a warship, it may be stopped and boarded if there is reasonable suspect:
-engaged in piracy
-engaged in self trade
-engaged in unauthorized broadcasting
-without nationality
Pursuit of Pirates
vessels or aircraft fleeing from pursuit by a warship proceeding into international waters or airspace
Every effort should be made to obtain the consent of the nation
May allow continuation of a pursuit if contact cannot be established in a timely manner
Hot Pursuit
Right of hot pursuit applies to the contiguous zone if the foreign ship violats the rates of that zone
Posse Comitatus
A force to aid civilian law enforcement authorities in keeping the peace and arresting felons is prohibited by the posse comitatus
Does not apply outside US territory
DOD Assistance
Congress authorized the limited use of military personnel, and equipment to interdict at sea narcotics and other controlled substances, and to assist with domestic counterterrorism ops
Right of Self Defense
Necessity - A use of force be in response to a hostile act or hostile intent
Proportionality - Use of force limited in intensity, duration, and scope to that which is reasonably required to counter the attack and ensure the safety of US forces
Anticipatory self-defense
Armed force where attack is imminent and no reasonable choice of peaceful means is available
Hostile Intent
The threat of the imminent use of force against the US
Noncombatant
Those members of the armed forces who do not take direct part in hostilities becasue of their status
