LOTS

Question 1

Explain Internal Waters.

Answer 1

Internal Waters are landward of the baseline from which the territorial sea is measured.

From the standpoint of international law, internal waters have the same legal character as the land itself.

There is no right of innocent passage in internal waters and, unless in distress, ships and aircraft may not enter or overfly internal waters without the costal states permission.

Where the establishment of a straight baseline drawn in conformity with UNCLOS has the effect of enclosing (as internal water areas that had been previously not been considered such) a right of innocent passage exists there.

Question 2

Because most ports and harbors are located landward of the baseline of the territorial sea, entering a port ordinarily involves navigation in _____.

Answer 2

Internal Waters

Question 3

What is required before entering a State’s Internal Waters?

Answer 3

That State’s permission

Question 4

What are the exceptions to entering a Costal State’s Internal Waters without permission?

Answer 4

When rendered necessary by Force Majeure or by distress.

Question 5

Vessels may exercise _____ where straight baselines have the effect of enclosing, as internal waters, areas of the sea previously regarded as territorial seas or high seas.

Answer 5

Innocent Passage

Question 6

How are Normal Baselines measured?

Answer 6

Unless other special rules apply, the normal baseline from which maritime claims of a state are measured is the low-water line along the coast, as marked on the State’s official large-scale charts.

Question 7

Explain Straight Baselines.

Answer 7

When the coastline is deeply indented or where there is a fringe of islands along the coast in its immediate vicinity, the costal State may employ Straight Baselines.

The general rule is that Straight Baselines must not depart from the general direction of the coast, and the sea areas they enclose must be closely linked to the land domain.

A coastal State that uses straight baselines must either clearly indicate them on its charts or publish a list of geographical coordinates of the points joining them together.

Question 8

Does the United States use Straight Baselines?

Answer 8

No, the United States does not employ this practice and restrictively interprets its use by others.

Question 9

How are Warships defined in accordance with Law of the Sea?

Answer 9

A ship belonging to the armed forces of a state bearing the external markings distinguishing the character and nationality of such ships, under the command of an officer duly commissioned by the government of that state and whose name appears in the appropriate service list of officers, and manned by a crew that is under regular armed forces discipline.

Question 10

Explain Territorial Seas.

Answer 10

The territorial sea is a belt of ocean that is measured seaward up to 12 nm from the baseline of the costal State and is subject to its sovereignty.

Ships enjoy the right of innocent passage in the territorial sea.

Innocent passage does not include a right for aircraft overflight of the territorial sea.

Question 11

Explain Contiguous Zones.

Answer 11

A contiguous zone is an area extending seaward from the baseline up to 24 nm in which the costal State may exercise the control necessary to prevent or punish infringement of its customs, fiscal, immigration, and sanitary laws/regulations that occur within its territory or territorial sea.

Ships and aircraft enjoy high sea freedoms, including overflight, in the contiguous zone.

Question 12

What is an EEZ?

Answer 12

An Exclusive Economic Zone (EEZ) is a resource-related zone adjacent to the territorial sea, where a State has certain sovereign rights (but not sovereignty) and may not extend beyond 200 nm from the baseline.

Ships and aircraft enjoy high seas freedoms, including overflight, in the EEZ.

Question 13

Explain where the High Seas are.

Answer 13

The high seas include all parts of the ocean, seaward of the EEZ.

When a coastal State has not proclaimed an EEZ, the high seas begin at the seaward edge of the territorial sea.

Question 14

Define Innocent Passage.

Answer 14

Innocent passage refers to a vessel’s right to continuous and expeditious transit through a coastal State’s territorial sea for the purpose of traversing the seas, without entering a State’s internal waters.

Innocent passage does not apply to aircraft, we cannot fly while the ship is conducting innocent passage.

A submarine must transit on the surface, showing its flag.

Question 15

What is Right-of-Assistance Entry?

Answer 15

Ships and, under certain circumstances, aircraft have the right to enter a foreign territorial sea or archipelagic waters and corresponding airspace without the permission of the coastal state when rendering emergency assistance to those in danger or distress from perils of the sea.

Right of Assistance Entry extends only to rescues where the location of those in danger is reasonably well known. It does not extend to entering the territorial sea, archipelagic waters or territorial airspace to conduct a search.

For ships and aircraft rendering assistance on scene, the right and obligation of unit commanders to exercise unit self-defense extends to and includes persons, vessels or aircraft being assisted. The extension of self-defense in such circumstances does not include interference with legitimate law enforcement actions of a coastal nation.

Once received on board the assisting ship or aircraft, however, persons assisted will not be surrendered to foreign authority unless directed by the SecDef.

Question 16

What is an Archipelagic State and where may it draw its baseline?

Answer 16

An archipelagic state is constituted wholly of one or more groups of islands.

Such states may draw straight archipelagic baselines joining the outermost points of their outermost islands, provided that the ratio of water to land within the baselines is between 1:1 and 9:1.

The waters enclosed within the archipelagic baselines are called archipelagic waters.

Question 17

Explain Archipelagic Sea Lane Passage (ASLP).

Answer 17

Archipelagic Sea Lane Passage (ASLP) is the exercise of the rights of navigation and overflight, in the normal mode of navigation, solely for the purpose of continuous, expeditious, and unobstructed transit between one part of the High Seas/EEZ and another part of the High Seas/EEZ through Archipelagic Waters.

ASLP is substantially identical to the right of transit passage through international straits.

Question 18

Once Archipelagic Sea Lanes are designated, transiting ships and aircraft may not deviate more than _____ from the _____, and must stand off the coastline no less than _____ of the distance between the nearest points of _____ bordering the ASL.

Answer 18

25 nm, ASL axis, 10%, land on the islands.

Question 19

Define Transit Passage.

Answer 19

The exercise of the freedoms of navigation and overflight solely for the purpose of continuous and expeditious transit through the strait in the normal modes of operation utilized by ships and aircraft for such passage.

It applies to passage through International Straits and the U.S. view is that the right of transit passage exists from coastline to coastline of the strait and of the approaches to the strait.

Question 20

Define International Straits.

Answer 20

Routes between the high seas or EEZ and another part of the high seas or EEZ, overlapped by the territorial sea of one or more costal States, with no other high seas or EEZ route of similar convenience.

They are natural, not constructed, and must actually be used for international navigation.

Question 21

During Transit Passage, can we fly? Can the CVN launch aircraft? Can a submarine remain submerged?

Answer 21

We can fly as we are apart of the DDG’s normal mode of operation.

The CVN cannot launch aircraft that are not apart of its normal mode of operation.

Submarines may remain submerged.

Question 22

Ships and aircraft, while exercising the right of Transit Passage, shall: _____, _____, _____.

Answer 22

Proceed without delay through or over the strait.

Refrain from any threat or use of force against the sovereignty, territorial integrity, or political independence of States bordering the strait.

Refrain from any activities other than those incident to their normal modes of continuous and expeditious transit unless rendered necessary by force majeure, distress, or in order to render assistance to persons, ships, or aircraft in danger or distress.

Question 23

Define Temporary Refuge.

Answer 23

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 a pursuit of a mob.

Question 24

Who may take measures to provide Temporary Refuge?

Answer 24

The OIC of a ship, aircraft (not Coast Guard), station, or unit may provide Temporary Refuge.

All requests for Temporary Refuge will be immediately reported to CNO or CMC as appropriate.

Question 25

Who may terminate Temporary Refuge protections?

Answer 25

Temporary refuge protection may be terminated only when directed by the SECNAV or higher.

Question 26

Define Asylum.

Answer 26

Protection granted by the United States (U.S.) within the U.S. to a foreign national who, do to persecution or a well-founded fear of persecution on account of his or her race, religion, nationality, membership in a particular social group, or political opinion, is unable or unwilling to avail himself or herself of the protection of his or her country of nationality (or if stateless, of last habitual residence).

Question 27

Can a military commander grant asylum?

Answer 27

Military commanders do not have the authority to grant asylum. That decision is reserved to the U.S. Secretary of State.

Question 28

When will a person requesting asylum be received on board a USN/USMC aircraft, vessel, activity, or station?

Answer 28

When the person requests asylum in international waters or in territories and internal waters under the exclusive jurisdiction of the United States.

Question 29

Under no circumstances will a _____ in a U.S. territory, international waters, or those already_____ be surrendered to foreign jurisdiction or control, unless at personal discretion of _____ or higher.

Answer 29

Person seeking asylum, on board a USN/USGC vessel, Secretary of the Navy (SECNAV).

Question 30

Explain the Right of Approach and Visit.

Answer 30

Under international law, a warship, military aircraft, or other duly authorized ship or aircraft may approach any vessel in international waters to verify its nationality and to query it for information regarding inter alia its destination, cargo, manning, and intent. Unless the vessel encountered is itself a warship or a sovereign-immune government vessel of another state, it may be stopped, boarded, and the ship's documents examined, provided there is a reasonable ground for suspecting that it is: 1. Engaged in piracy. 2. Engaged in slave trade. 3. Engaged in unauthorized broadcasting, and the flag state of the warship has jurisdiction under UNCLOS. 4. Without nationality. 5. Though flying a foreign flag, or refusing to show its flag, is, in reality, of the same nationality as the warship.

Question 31

How does the Posse Comitatus Act affect us?

Answer 31

It forbids/prohibits us from enforcing or being directly involved with civil law activities.

Question 32

Define Warning Shot.

Answer 32

A signal, usually to warn an offending vessel to stop or maneuver in a particular manner or risk the employment of disabling fire or more severe measures. Under international law, warning shots do not constitute a use of force.

Question 33

Define Disabling Fire.

Answer 33

Firing under controlled conditions into a noncompliant vessel's rudder or propulsion equipment for the sole purpose of stopping it after oral warnings (if practicable) or warning shots (if practicable) have gone unheeded.

Question 34

Define the two principles of the Right of Self-defense.

Answer 34

Necessity: The use of force is required under the circumstances, there is no other effective means to counter the hostile act or demonstrated hostile intent. Proportionality: Requires the nature, intensity, scope, and duration of force used in self-defense not exceed what is required to respond decisively to hostile acts or demonstrations of hostile intent. It does not require the force used in the response be of the same kind used in the attack.

Question 35

Define Hostile Act.

Answer 35

An attack or other use of force against the U.S., U.S. forces, or other designated persons or property. It includes force used directly to preclude or impede the mission and/or duties of U.S. forces.

Question 36

Define Hostile Intent.

Answer 36

The imminent threat of the use of force against the U.S., U.S. forces, or other designated persons or property.

Question 37

What is Force Majeure?

Answer 37

A force or condition of such severity that it threatens loss of the vessel, cargo, or crew unless immediate corrective action is taken.

Question 38

What is an FIR?

Answer 38

A Flight Information Region (FIR) is an area of airspace within which flight information and alerting services are provided. FIRs are established by ICAO for the safety of civil aviation and encompass both national and international airspace. U.S. military aircraft on routine point-to-point flights through international airspace follow ICAO flight procedures and utilize FIR services. Exceptions to this include military contingency operations, classified/politically sensitive missions, routine aircraft carrier operations, or other training activities. When U.S. military aircraft do not follow ICAO flight procedures, they must navigate with due regard for civil aviation safety. U.S. military aircraft not intending to enter national airspace should not identify themselves or otherwise comply with FIR procedures by other states, unless, the U.S. has specifically agreed to do so.

Question 39

What is Hot Pursuit?

Answer 39

May be initiated when a ship fails to heed an order to stop and submit to a proper law enforcement action when the costal state has good reason to believe that the ship has violated the laws and regulations of that state. It must be continued without interruption and ceases when the ship enters the territorial seas of its own state or of a third-party state, unless the costal State has permitted its continuance.

Question 40

Explain International Airspace in regards to Law of the Sea.

Answer 40

International airspace is the airspace over the contiguous zone, the EEZ, the high seas, and territories not subject to national sovereignty (e.g. Antarctica). All aircraft are free to operate in it without interference from costal State authorities. Military aircraft may test/fire ordnance, surveil and gather intelligence, and support other naval activities as long as these activities are conducted with due regard for the rights and safety of other States, aircraft, and vessels.

Question 41

What is INCSEA?

Answer 41

The Incidents at Sea Agreement (INCSEA) is an agreement between the U.S. and Russia that aims to minimize harassing actions and navigational one upmanship between units operating in close proximity at sea.

Question 42

What is CUES?

Answer 42

The Code for Unplanned Encounters at Sea (CUES) is an international code designed to reduce uncertainty, enhance safety, facilitate communication, and promote standardized maneuvering practices between naval ships, submarines, auxiliaries, and aircraft. It is not legally binding, but in general it provides best practices. Participating countries are: 1. U.S. 2. Australia 3. Brunei 4. Cambodia 5. Canada 6. Chile 7. China 8. France 9. Indonesia 10. Japan 11. Malaysia 12. New Zealand 13. Papa New Guinea 14. Peru 15. Philippines 16. South Korea 17. Russia 18. Singapore 19. Thailand 20. Tonga 21. Vietnam

Question 43

What are the principles of the Law of Armed Conflict?

Answer 43

Military Necessity: The principle that justifies the use of all measures not prohibited by the law of armed conflict needed to defeat the enemy quickly and efficiently. Humanity: The principle that forbids the infliction of suffering, injury, or destruction unnecessary to accomplish a legitimate military purpose. Proportionality: This principle requires a commander to evaluate whether the expected injury to civilians and damage to civilian objects resulting from an attack would be excessive in relation to the concrete and direct military advantage anticipated from the attack Distinction: This principle is concerned with distinguishing combatants from civilians and military objectives from civilian objects to minimize harm to civilians and civilian objects. Honor: This principle is a core value to the USN, USMC, and USCG. It demands a certain amount of fairness in offense and defense, and a certain mutual respect between opposing forces.