PIL Week 5 Flashcards
An Arbitral Tribunal Constituted under Annex VII to the 1982 UNCLOS: The Arctic Sunrise Arbitration (The Kingdom of the Netherlands v. the Russian Federation)
PRESCRIBED
Russia breached obligations under UNCLOS:
- entered a ship sailing under Dutch flag without permission from the Dutch government
- arrested the sailers
- took hold of the ship
Default for dispute settlement: arbitration
Russia had made a reservation, but the arguments were not persuasive enough.
Right of hot pursuit
Territorial sea
12 nautical miles from the normal baseline (5 UNCLOS)
Full sovereignty DE JURE, EXCEPT for the right of innocent passing (17 18 UNCLOS)
- continuous and expeditious
- for the purpose of traversing the sea OR heading to a port
Coastal states are allowed to make laws and regulations relating to the innocent passing (21 UNCLOS).
Full legislative jurisdiction, with the limitation of the enforcement of civil and criminal jurisdiction (except for exceptional circumstances 27 28 UNCLOS).
Exclusive Economic Zone
A coastal state may exercise sovereign rights for the EXPLOITATION of living and non-living resources.
The coastal state must have due regard for the rights and duties of other states, this because of the overlap of zones (56 UNCLOS).
Maximum width: 200 nm INCLUDING the territorial sea and the contiguous zone.
High Seas
As a matter of principle the high seas start immediately where the territorial sea ends at 12 nm.
Overlaps with: contiguous zone and exclusive economic zone.
No state has (as a matter of principle) jurisdiction. Ships are under the exclusive jurisdiction of the FLAG STATE. Every ship is obliged to sail under a flag (92 UNCLOS).
Continental Shelf
The bottom of the sea: the continuing landmass underwater.
Coastal states have DE JURE sovereign rights to exclusively EXPLOIT natural resources at the bottom of the sea.
Geographical phenomenon
Minimum (legal) width: 200 nm (when a state does not have a (large) continental shelf)
Maximum (legal) width: 350 nm (when a state has a large continental shelf)
the Area
art. 1 par. 1 UNCLOS: Area means the sea-bed and ocean floor […] beyond the limits of national jurisdiction.
Common heritage of mankind: every state has a legal and economic interest and states have to share the proceeds from exploitation.
Maritime Zones
- Territorial Sea
- [ High Seas ]
- Contiguous zone (if proclaimed)
- Exclusive Economic Zone
- the Area
The contiguous zone
Has to be PROCLAIMED by a coastal state.
Coastal state has particular sovereign rights and may exercise and enforce legislation for the purposes of (33 UNCLOS):
- customs
- tax
- immigration
- sanitary
12 nautical miles (total of 24 nm with the territorial sea) within the High Seas
Internal waters
Indents of water which have been internalized as a consequence of using a straight baseline.
ICJ North Sea Continental Shelf Case
case: NL and Denmark v. Germany
EQUIDISTANCE RULE = starting point for any delimitation
On the basis of the facts and circumstances of each specific case, it may be required to deviate grom this line to find an equitable solution.
art. 286 UNCLOS
NOT IN READER
States must solve their disputes by peaceful means and LEGAL methods.
art. 287 UNCLOS
NOT IN READER
Legal methods:
- dispute settlement by ICJ
- International Tribunal for the Law of the Sea
- arbitration by the Permanent Court of Arbitration
- arbitration
Default = arbitration (annex 7 UNCLOS)
art. 280 UNCLOS
NOT IN READER
Nothing in this Part impairs the right of any States Parties to agree at any time to settle a dispute between them concerning the interpretation or application of this Convention by any peaceful means of their own choice.
