Laws of the Sea Flashcards
What is the governing treaty of the laws of the sea?
UNCLOS, Adopted in 1982. It lays down a comprehensive regime of law and order in the world’s oceans and seas establishing rules governing all uses of the oceans and their resources.
How many and what are the maritime zones?
There are 4 maritime zones namely:
Territorial Sea
Contigous Zone
Exclusicve Economic Zone
Continental Shelf
What are the rights and obligations of these 4 maritime zones?
The rights and obligations of these 4 maritime zones are:
The rights of a state in their territorial sea are they are free what ever they please to do (security, reseach, economics, passage etc.). They have sovereign control over it. While their obligation to it is they have to respect the right of innocent passage of vessels of other nations
The right of a state in their contigious zone are for purposes only of infringement of their customs, fiscal, immigration and such. While their obligation same as their obligations in their EEZ, since CZ makes up a part of the eez. They have to respect freedom of naviagation, overflight, right to lay submarin cables of Other states.
The right of a state in their Exclusive Economic Zone is they have the EXCLUSIVE right to 1. get the resources in that area, 2. establish artificial islands, 3. use natural resources (water, air,) for energy consuption, 4. marinetime research, 5. protection of the environment. While their obligation is to respect freedom of naviagation, overflight, right to lay submarin cables of Other states.
The right of a state in their Continental Shelf is the state has an exclusive right to 1. artificial islands, 2. get the natural resources in that area, and conduct research. While their Obligations is to pay a % of revenue to ISBA.
What is the High seas?
it refers to waters beyond the maritime zones of a coastal zone
What are the freedoms in the high sea?
The freedoms of a state in the high seas are:
navigation
overflight
laying of submarine cables
construction of artificial islands
fishing
research
What are 3 types of baselines?
The three types of baselines are:
Normal- refers to the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State.
Straight-used in localities where the coastline is deeply indented or cut into, or if there are a fringe of islands along the coast in its immediate vicinity, e.g. the coast of Norway.
Archipelagic- refers to the system of straight lines drawn between fixed points on the coast of the outermost islands and drying reefs of an archipelago. E.g. the Philippines (There are 101 basepoints surrounding the Philippines according to Republic Act No. 9522, Philippine Archipelagic Baseline Law).
what is an Archipelagic sea lanes passage?
non-suspendable right of navigation and overflight in the normal mode of vessels of other States SOLEY for the purpose of continuous, expeditious and unobstructed transit between one part of the high seas or EEZ and another part of the high seas or EEZ.