Law of the Sea Flashcards
UNCLOS
United Nations Convention of the Law of the Sea
US is not a party to the Convention, but considers the navigation and overflight provisions, except for the deep seabed mining provisions.
Reagan’s 1983 Ocean Policy Statement
US will accept and act in accordance with the balance of interests relating to traditional uses of the ocean such as navigation and overflight. The US will recognize the rights of States in the waters off their coasts.
The US will exercise and assert its navigation and overflight rights and freedoms on a worldwide basis in a manner that is consistent with the Convention. The US will not acquiesce in unilateral acts of other States designed to restrict the rights and freedoms of the international community in high seas uses.
Territorial Seas
Belt of ocean measured seaward up to 12 nm from the baseline of the coastal State and subject to its sovereignty.
Contiguous Zone
Area extending seaward from the baseline up to 24 nm in which the country exercises the following laws:
Customs
Fiscal
Immigration
Sanitary
Exclusive Economic Zone
Resource related zone adjacent to territorial sea not to exceed 200 nm from the baseline.
High Seas
All parts of the ocean seaward of the EEZ.
Low Water Line
The normal baseline from which maritime claims of a State are measured.
Bay
Water area of a bay must be as large or larger than that of a semicircle whose diameter is the length of the line drawn across the mouth. Baseline across the mouth must not exceed 24 nm.
Internal Waters
Landward of the baseline from which the territorial sea is measured.
Artificial Islands and Off-Shore Installations
Have no territorial sea of their own.
Archipelagic Waters
State constituted wholly of one or more groups of islands. States may draw archipelagic baselines provided the ratio of water to land within the baselines is between 1:1 and 9:1.
International Waters
Include all ocean areas not subject to the territorial sovereignty of any State. All waters seaward of the territorial sea.
Coastal Security Zone
States that have claimed the right to establish military security zones, beyond the territorial sea, to regulate the activities of warships and military aircraft of other States by restrictions such as prior notification or authorization for entry, limits on ships or aircraft present, operational activities, etc.
Safety Zone
Established to protect artificial islands, installations, and structures located in their internal waters, territorial seas, etc. may not extend 500 meters from the outer edge of the facility in question.
National Airspace
That airspace over land, internal waters, archipelagic waters, and territorial seas.
International Airspace
That airspace over contiguous zones, EEZ, the high seas, and territory not subject to the sovereignty of any State.
Sovereign Immunity
The principle that vessels and aircraft operated by a State, are immune from arrest, search, inspection, and foreign taxation.
Warship
Ship belonging to the armed forces of a State bearing the external markings and under the command of a commissioned officer.
Warships Exercising Belligerent Rights
During conflict at sea, warships are the only vessel that may exercise belligerent rights, which include the right to conduct offensive attacks.
Auxiliary and merchant ships may not conduct offensive attacks, however may defend themselves.
Crew Lists and Inspections
US policy prohibits providing a list of crew members on board a vessel as a condition of entry into a port or to satisfy local immigration laws.
It is US policy to refuse host government requests to conduct inspections of US Navy and Coast Guard vessels.
Quarantine
Aircraft commander must comply with quarantine regulations and restrictions. Aircraft commanders shall not permit inspection of their vessel or aircraft, but shall afford health officials assistance and give all information required.
Military Aircraft
Any aircraft operated by the armed forces of a State, bearing the military markings of that State, commanded by a member of the armed forces.
State Aircraft
Military, customs, police, and other aircraft operated by a government exclusively for noncommercial purposes.
Innocent Passage
Innocent passage for the purpose of continuous and expeditious traversing of the territorial sea or for proceeding to or from internal waters. Passage is innocent so long as it is not prejudicial to the peace, good order, or security of the coastal State.
No overflight.
Submarines must transit on the surface.
Right of Assistance Entry
The principle allowing entry into a foreign State’s territorial seas to render assistance to persons in distress when:
There is reasonable certainty that a person is in distress
Their location is reasonably well known
The rescuing unit is in a position to render timely assistance
State approval is not required but timely notification shall be made to the States search and rescue authorities.
What does the Right of Assistance Entry not include?
Search operations
Rescue of property
Assistance to persons not in distress
Transit into internal waters or over land mass
Archipelagic Sea Lane Passage
Ships and aircraft are required to remain 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 lanes and the axis line.
Incidents at Sea Agreement (INCSEA)
Agreement between US and Russia that aims to minimize harassing actions and navigational one upmanship between units operating in close proximity at sea.
Military Maritime Consultative Agreement (MMCA)
Between US and China to strengthen maritime and air safety.
Asylum
Protection granted by the US government, within the US, to a foreign national who due to persecution or a well-founded fear of persecution on account of his/her race, religion, nationality, membership to a particular social group, or political opinion, is unable or unwilling to avail himself or herself the protection of his or her country of nationality.
Decision is reserved to the Secretary of State.
Applies to territories of US and international waters.
Individual must specifically request asylum.
Temporary Refuge
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 or in international waters, under conditions of urgency in order to secure the life or safety of that person against imminent danger, such as pursuit by a mob.
Decision to terminate is held to the SECNAV or higher authority.
Right of Approach and Visit
A warship, military aircraft, or other duly authorized ships or aircraft may approach any vessel in international waters to verify its nationality, unless it is a warship or government vessel of another State.
Grounds include:
Piracy
Slave Trade
Unauthorized Broadcasting
Without Nationality
Flying a foreign flag or refusing to show its flag, and the same nationality of the warship.
Piracy
International crime of universal jurisdiction consisting of illegal acts of violence, detention, or depredation committed for private ends by the crew of a private ship or aircraft in or over international waters against another ship or aircraft.
Hot Pursuit
A ship that fails to heed an order to stop and submit to a proper law enforcement action when the coastal state has good reason to believe that the ship has violated the laws and regulations of that state, hot pursuit may be initiated.
Must be continued without interruption.
Ceases when the ship enters territorial sea if its own State or of a third party State, unless the coastal State has permitted its continuance.
Posse Comitatus
The use of forces to aid civilian law enforcement agencies in keeping the peace and arresting felons.
Prohibited and requires forces do not directly participate in civilian law enforcement activities.
No such restrictions are applicable to the Coast Guard.
Principles of the Law of Armed Conflict
Military Necessity - mandates that a belligerent not destroy or seize the enemy’s property, unless such destruction or seizure be imperatively demanded by the necessities of war.
Distinction - requires that belligerents distinguish combatants from civilians and military objectives from civilian objects.
Proportionality - weighing the military advantage gained against the incidental loss of civilian life and property resulting from attack.
Unnecessary Suffering - requires military forces to avoid inflicting gratuitous violence on the enemy.
Combatants
Persons engaged in hostility during an armed conflict.
Unprivileged Belligerents
Civilians who take a direct part in hostilities, and members of armed groups that fail to meet the criteria for lawful combatant status.
Noncombatants
Members of the armed forces who are medical personnel and chaplains.
Civilians
Person who is not combatant or noncombatant.
Forcé Majeure
A force or condition of such severity that it threatens loss of the vessel, cargo, or crew unless immediate corrective action is taken.
Can you follow pirates into territorial seas?
Every effort should be made to obtain the consent of the State, but the international nature of piracy may allow continuation of pursuit if contact cannot be established in a timely manner. Pursuit must be broken off immediately at the request of the foreign state.
Transit Passage
The exercise of the freedom 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.
2 elements of Self Defense
- Necessity - the requirement that a use of force be in response to a hostile act or demonstration of hostile intent
- Proportionality- the requirement that the use of force be in all circumstances limited in intensity, duration and scope to that which is reasonably required to counter the attack or threat of attack and ensure the continued safety of US forces.
Anticipatory Self Defense
The right of a nation to protect itself from imminent attack.
Unit and Individual Self Defense
Unit commanders always retain the inherent right and obligation to exercise unit self defense in response to a hostile act or demonstrated hostile intent.
When individuals are assigned and acting as part of a unit, individual self defense should be considered a subset of unit self defense
Hostile intent
Threat of the imminent use of force against the U.S., U.S. forces or other designated persons or property.
FIR
Flight Information Region - an area of airspace encompassing both national and international airspace within which flight info and alerting services are provided.
US military aircraft of routine point to point flights through international airspace follow ICAO procedures and utilize FIR services
When US military aircraft do not follow ICAO procedures, they must navigate with due regard for civil aviation safety
Sovereign right of Coastal State in an EEZ
Right for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non living, of the waters, seabed and it’s subsoil
