National Territory and UNCLOS

Question 1

Describe the 4 maritime regimes under UNCLOS

Answer 1

1. Territorial Sea - Established to a limit not exceeding 12 N.Mi. from the baselines. It is the sovereign territory of the state
2. Contiguous Zone - A zone which may not extend beyond 24 N.Mi. from the baselines of the State.

The state has the right to enforce and prevent infringement of its customs, fiscal, immigration or sanitary laws

3. EEZ - Shall not extend more than 200 N.Mi. from the baseline

Sovereign rights for exploration, exploitation and management of living, non-living and natural resources,

Economic exploitation and exploration

Jurisdiction with regard to the establishment of and use of artificial lands

4. Continental Shelf -350
   Right to exploit and explore natural resources, living organisms, mineral and other non-living resources found in the seabed and subsoil

Question 2

Methods in determining the territorial sea

Answer 2

1. Normal Baseline method - TS is simply drawn from the low water line along the coast as marked on large scale charts officially recognized by the coastal state
2. Straight baseline method
   - Straight lines are made to join appropriate points in drawing the baseline from which the breadth of the territorial sea is measured.

Question 3

Define passage for the purposes of right to innocent passage

Answer 3

Navigation through the territorial sea for the purpose of:

1. Traversing that sea without entering the internal waters or calling at a roadstead or port facility outside internal waters
2. proceeding to or from internal water or a call at such roadstead or port facility

Passage shall be continuous and expeditious. However it may include anchoring, but only in so far as the same are incidental to ordinary navigation or rendered necessary

Question 4

When is passage innocent?

Answer 4

Passage is innocent so long as it is not prejudicial to the peace, good order, or security of the coastal state.