Law of the Sea

Question 1

Where is the normal baseline measured for a nation’s maritime claims?

Answer 1

The low-water line along the coast

Question 2

Territorial Seas

Answer 2

Area extending from the baseline out to 12 NM.

Ships have right of innocent passage in territorial sea. Aircraft overflight of territorial sea do not have right of innocent passage.

Question 3

Contiguous Zone

Answer 3

Area extending from the baseline up to 24 NM.

Nation may exercise control necessary to prevent or punish infringement of customs, fiscal, immigration, and sanitary laws and regulations that occur within territory or territorial sea.

Ships and aircraft enjoy high seas freedoms, including overflight.

Question 4

Exclusive Economic Zones (EEZ)

Answer 4

Resource-related zone adjacent to territorial sea not to extend beyond 200 NM from baseline.

Ships and aircraft enjoy high seas freedoms, including overflight.

Question 5

High Seas

Answer 5

Include all parts of the ocean seaward of the EEZ.

Question 6

What is considered an island?

Answer 6

An island is defined as a naturally formed area of land, surrounded by water, which is above water at high tide.

Rocks are islands that cannot sustain human habitation or economic life of their own.

Question 7

National vs. International Airspace

Answer 7

National airspace: Over land, internal waters, and territorial seas of a nation.

International airspace: Over contiguous zones, EEZs, high seas, and territory not subject to sovereignty of any nation.

Question 8

Innocent Passage

Answer 8

• Ships (but not aircraft) of all nations enjoy right of innocent passage for the purpose of continuous and expeditious traversing of the territorial sea or for proceeding to or from internal waters.
• Innocent passage includes stopping and anchoring, but only insofar as incidental to ordinary navigation, or as rendered necessary by force majeure or by distress.
• Passage is innocent so long as it is not prejudicial to the peace, good order, or security of the coastal nation.

Question 9

Assistance Entry

Answer 9

• All ship and aircraft commanders have an obligation to assist those in danger of being lost at sea.
• This permits assistance entry into territorial sea by ships or aircraft without permission of coastal nation.
• Must be engaged in bona fide efforts to render emergency assistance to those in danger or distress at sea.
• Location of danger or distress must reasonably be well known.
• Consent required of coastal nation to conduct a search.

Question 10

Transit Passage

Answer 10

• Exists throughout the entire strait (shoreline-to-shoreline) and not just the area overlapped by the territorial sea of the coastal nation(s).
• Ships and aircraft of all nations, including warships and military aircraft, enjoy the right of unimpeded transit passage through such straits.
• Exercise of the freedoms of navigation and overflight solely for the purpose of continuous and expeditious transit in the normal modes of operation utilized by ships and aircraft for such passage.

Shall:

• Proceed without delay
• Refrain from any threat or use of force against sovereignty
• Refrain from any activities other than those incident to normal modes of continuous expeditious transit unless rendered necessary by force majeure or by distress.

Question 11

Asylum

Answer 11

United States defines “asylum” as:

Protection and sanctuary granted by U.S. government within its territorial jurisdiction or in international waters to a foreign national who applies for such protection because of persecution or fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

Question 12

Temporary Refuge

Answer 12

Protection afforded for humanitarian reasons to a foreign national in a DOD shore installation, facility, or military vessel within the territorial jurisdiction of a foreign nation, under conditions of urgency in order to secure the life or safety of that person against imminent danger.

Question 13

Who can be embarked with PIC discretion: persons seeking asylum or temporary refuge?

Answer 13

Commanders of military aircraft are not authorized to receive on board foreign nationals seeking asylum.

If exceptional circumstances exist involving imminent danger to the life or safety of the person, temporary refuge may be granted.

U.S. armed forces personnel shall neither directly nor indirectly invite persons to seek asylum or temporary refuge.

Question 14

Hot Pursuit

Answer 14

• Should a foreign ship fail to heed an order to stop and submit to a proper law enforcement action when the coastal nation has good reason to believe that the ship has violated the laws and regulations of that nation, hot pursuit may be initiated.
• Right ceases as soon as the ship pursued enters the territorial sea of its own nation or of a third nation.
• Hot pursuit may be exercised only by warships, military aircraft or other ships/aircraft clearing identifiable as being on government service.

Question 15

Piracy

Answer 15

International crime consisting of illegal acts of violence, detention, or depredation committed for private ends by the crew or passengers of a private ship or aircraft in or over international waters against another ship or aircraft or persons and property on board.

If pirate vessel or aircraft fleeing from pursuit by warship or military aircraft proceeds from international to territorial waters/airspace, every effort should be made to obtain consent from sovereign nation to continue pursuit.

The nature of the crime of piracy may allow continuation of pursuit if contact cannot be established in a timely manner with the coastal nation to obtain consent. In such a case, pursuit must be broken off immediately upon request of coastal nation and, in any event, the right to seize the pirate vessel or aircraft and try the pirates belongs to that nation.