Territorial Sea

Question 1

What is the territorial sea?

Answer 1

States claimed control over the portion of the sea immediately sorrounding their lands for security reasons in 19th century. Over that territory they would be able to exercise their sovereignity. The limit is imposed by the Montego Bay Convention: 12 nautical miles (maximum)
BREADTH: the traditional method imposes that the territorial sea shall be calculated based on the low-water line along the coast.
Problems: fragmented coasts + ring of islands close to the coast
Check Norwegian Fisheries case of 1951
States enjoy full sovereignity on internal waters.

Question 2

Montego Bay, Art. 17, 18, 19, 20 innocent passage

Answer 2

• Montego Bay Convention 1982, Art. 17
  Ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea

    - Art. 18 
        1. passage means navigation through the territorial sea for the purpose of:
            a. traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or 
            b. proceeding to or from internal waters or a call at such roadstead or port facility
        2. passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidetnal to ordinary navigation or are rendered necessary by force majeure or distressor for the purpose of rendering assistance to persons, ships or aircraft in danger or distress
  
    - Art. 19
        PASSAGE IS INNOCENT SO LONG AS IT IS NOT PREJUDICIAL TO THE PEACE, GOOD ORDER OR SECURITY OF THE COASTAL STATE
  		
    - Art. 20 
        in the territorial sea, submarines and other underwater vehicles are required to navigate on the surface and to show their flag

Question 3

Montego Bay, Art. 27, 28 jurisdiction in territorial sea

Answer 3

• Art. 27
  1. The CRIMINAL JURISDICTION OF THE COASTAL STATE SHOULD NOT BE EXERCISED ON BOARD A FOREIGN SHIP PASSING THROUGH THE TERRITORIAL SEA to arrest any person or to conduct any investigation IN CONNECTION WITH ANY CRIME COMMITTED ON BOARD THE SHIP DURING PASSAGE, save only in the following cases:
  a. if the consequences of the crime extend to the coastal State,
  b. if the crime is of a kind to disturb the peace of the country or the good order of the territorial sea;
  c. if the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or consular officer of the flag State; or
  d. if such measures are necessary for the suppression of illicit traffic in narcotic frugs or psychotropic substances
  2. The above provisions do not affect the right of the coastal State to take any steps authorized by its laws for the purpose of an arrest or investigation on board a foreign ship passing through the territorial sea aftre leaving internal waters.

    - Art. 28 
        The coastal State should not stop or divert a foreign ship passing through the territorial sea for the purpose of exercising civil jurisdiction in relation to a person on board the ship.
        (see exceptions)

Warships and other government ships operated for non-commercial purposes benefit from immunity