Law of the Sea Flashcards
List the sources of the International Law of the Sea
-Treaties
-UNCLOS
-CIL
-GP (some, arguaably)
-etc. etc
Explain what is meant by “the land dominates the Sea”
-landmass need in order 2 delimit the sea
List the justifications for claiming territory
- Discovery
- Effective occupation- terra nullius
- Prescription- terra derelicta- land has been abandoned
4.Conquest
5.Cession
6.Avulsion/accretion–> new land when river change course NATURALLY
True or False: Artifical Islands do not create maritime zones
-True
What did the Spain v. Netherlands(Island of Palmas) case conclude about territroy through discovery
-INCOHATE title
Planting flag by spain was not enough
-law had dev. 2 state that disc. not enough to claim territory, eventhough at the time discovery was a-okay
-right must dev. with law
-Dutch had imposed effec. control thru taxation
What does airspace constitute
air= atmosphere, gases: nit., oxygen
TRUE or FALSE: no one CAN have sovereignty over outer space
-twue (Outer Space Treaty) -yes j cite it like that
How is the baseline calculated?
-Usually from low water line from the coast
-Other conditions for:
-reefy waters
-bay
-unstable natural conditions (Anglo Fisheries case) –> allows straight baseline
-mouths of rivers
-Art. 5-7 UNCLOS
What is a state’s territorial sea?
-12 nautical miles from the baseline
Which art. governs law of the sea on islands?
-Art. 121 UNCLOS
How far from the coastline is the exclusive economic zone?
-200 nm
How far from the coastline is the contiguous zone?
-24 nm
How far from the coastline is the continental shelf?
-200-350m (up to 350m is claimable)
True or False; you have to proclaim the EEZ to have it
yes
Which Article governs the contiguous zones and a state’s right there
Art. 33 UNCLOS
What rights does a state have in its exclusive economic zone?
-functional jurisdiction over:
-exploring, exploiting, conserving,managing natural resources
Which articles govern the exclusive economic zone?
-Art. 55-57 UNCLOS
What are the rights guaranteed to a state towards their continental shelf?
-Explorat. + exploit. of nat. res. of the seabed
Describe the process of Delimitation
- Draw a prov. equidistance line from chosen base point-draw a line split in middle
2.Adjust prov. line in light of rel. circ.
-coastline length
-access to ocean
-landmass
-anything - Equity check
What did the ICJ,Maritime Delimitation in the Black Sea case determine about delimitation?
-Equidistance lines
-should check geo. of coastline to see if any adjustments need to be made
-PRACT. approach
-unless clear evidence
-give + take everybody a little som
-middle ground
Under which conditions can the right to innocent passage occur?
-innocent (no hanky panky shi, war shi, type shi)
-continous—> continually travelling
-17-26 UNCLOS
What did the Libya/Malta Case conclude about maritime zones?
-Based on equity as well
-and size of state
-Malta cannot consume so much Lib. pot. waters
-microscopically small
What did the Canada France case conclude about delimitation
-island having full maritime zone, would cut Canada off the Atlantic Ocean
-only a bit of it had full effect
-Compro. solution was found
-Equity principle
True or False: contrary to popular belief, states do not have universal jurisdiction over piracy
-false
Which art. codifies the flag principle?
-Art. 92
Can states pursue ships in the high seas?
-Ya
-Right of hot pursuit
-Art. 111 UNCLOS
What are the requirements of hot pursuit?
-good reas. to beli. a foreign ship has viol. laws and regulations of the coastal states
-visual or audit. signal r given by spec ship
-continual pursuit
-start within the internal/ archip. waters, terr. sea., contingous zone, EEZ or CS
Where is piracy defined
-Art. 101UNCLOS
What did the Greenpeace case conclude in terms of Piracy?
-even if you protecting da whales could still be piracy
-protect. of wahales= politic. ideology- priv. ends
-priv. ends does not only just mean mon. gain
