LOTS HAC Board Questions Flashcards
Explain Internal Waters.
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.
Because most ports and harbors are located landward of the baseline of the territorial sea, entering a port ordinarily involves navigation in _____.
Internal Waters
What is required before entering a State’s Internal Waters?
That State’s permission
What are the exceptions to entering a Costal State’s Internal Waters without permission?
When rendered necessary by Force Majeure or by distress.
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.
Innocent Passage
How are Normal Baselines measured?
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.
Explain Straight Baselines.
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.
Does the United States use Straight Baselines?
No, the United States does not employ this practice and restrictively interprets its use by others.
How are Warships defined in accordance with Law of the Sea?
A ship belonging to the armed forces of a sate 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.
Explain Territorial Seas.
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.
Explain Contiguous Zones
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.
What is an EEZ?
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.
Explain where the High Seas are.
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.
Define Innocent Passage.
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.
What is Right-of-Assistance Entry?
Based on the long-standing obligation of mariners to aid those in distress from perils of the sea, right-of-assistance entry gives limited permission to enter into the territorial sea to render assistance to “those in danger of being lost at sea”.
The location of the persons in danger must be reasonably well known and this right does not permit a search.
Aircraft may be used to render assistance, though this right is not as well-recognized as that for ships rendering assistance.
