The law of the Sea

Question 1

History of the law of the sea

Answer 1

History of the law of seas:
- 16th-17th centuries: the great maritime powers of England, Spain and Portugal claim control over the oceans
- 17th century: Hugo de Groot (Grotius) creates the “mare liberum” concept (the free sea)
- 18th century: the freedom of the seas becomes the fundamental principle
- 19th-21st centuries: birth of the territorial sea and extension of State claims over sea areas and resources

CODIFICATION ATTEMPTS
There were attempts under the League of Nations that produced no results
Under the UN:
1. First UN Conference on the Law of the Sea produced 4 Geneva Conventions in 1958 (territorial sea; continental shelf; high sea; fisheries)
2. 1960: second UN Conference– no result on breadth of territorial sea
3. 1977-82: third UN Conference on the Law of the Sea– Montego Bay Convention on the Law of the Sea 1982. 170 parties (but US not a party)

Question 2

UN Convention on the Law of the Sea

Answer 2

1982, also known as Montego Bay Convention

1. possible uses of the sea:
   - installations of submarina cables and pipelines
   - fishing
   - overflight
   - shipping
   - scientific research
2. delimitation of five zones:
   - territorial sea
   - internal waters
   - archipelagic waters
   - high seas
   - the EEZ
3. regulates the duties and obligations of States in the contiguous zone, international straits and the Area
4. issues thematics for the protection of the maritime environment, marine scientific researc and the peaceful settlement of disputes
5. creates three new institutions:
   - International Seabed Authority
   - International Tribunal for the Law of the Sea
   - Commission on the Limits of the Continental Shelf

Almost universally adhered to= Constitution of the Ocean
Controversies concerning deep seabed exploiting has hindered the signing of some developed States. The Treaty was made more balanced by the Implementing Agreement addressing Part XI

Question 3

Territorial sea

Answer 3

Established by the Geneva Convention on the Territorial Sea and the Contiguous Zone
Extent= 12 nautical miles from the baseline. Territorial sea encompasses the water column, the subsoil and the air above it= exclusive rights to resource exploitation

1. EXCLUSIVE LEGISLATIVE JURISDICTION. States must but guarantee the right of innocent passage.
   INNOCENT PASSAGE= continuous, expeditious and innocent, meaning not damaging to peace, security and good order.
2. LIMITED ENFORCEMENT JURISDICTION:
   - if requested by the chief of the boat
   - if the crime committed has effects over security, peace and good order of the country
   - if the ship was in internal waters before
   - if the action is to prevent illicit traffic
   - if the crime’s consequences extend to the coast

Question 4

Contiguous Zone

Answer 4

Established by the Geneva Convention on the Territorial Sea and the Contiguous Zone

12 nautical miles from the end of the territorial sea

1. LIMITED LEGISLATIVE JURISDICTION. Prevention and punishment of fiscal, migration, sanitary and custom laws
2. LIMITED ENFORCEMENT JURISDICTION. Only if the ship was in territorial sea before and the ship moved out to avoid punishment

Question 5

Continental Shelf

Answer 5

Established by the Geneva Convention on Continental Shelf

200 nautical miles from the coast– can be extended if a State benefits from larger continental margins; regulated by special treaty with the UN Secretary-General

RIGHTS OVER RESOURCES. These are not affected by the non-usage or non-occupation of them– they are part of their sovereignity

Question 6

Exclusive Economic Zone

Answer 6

First established by the Montego Bay Convention

200 nautical miles from the end of the territorial sea

1. LEGISLATIVE JURISDICTION. To regulate exploitation and exploration; bulding installations
2. ENFORCEMENT JURISDICTION. To punish vessels infringing the laws

Question 7

Exclusive Economic Zone

Answer 7

First established by the Montego Bay Convention

200 nautical miles from the end of the territorial sea

1. LEGISLATIVE JURISDICTION. To regulate exploitation and exploration; bulding installations
2. ENFORCEMENT JURISDICTION. To punish vessels infringing the laws

Question 8

Torrey Canyon

Answer 8

incident (1967)  Brussels Convention
1969 (International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties)
• Montego Bay Convention 1982, Art. 221
• 1. Nothing in this Part shall prejudice the right of States, pursuant to international law, both customary and conventional, to take and enforce measures beyond the territorial sea proportionate to the actual or threatened damage to protect their coastline or related interests, including fishing, from pollution or threat of pollution following upon a maritime casualty or acts relating to such a casualty, which may reasonably be expected to result in major harmful consequences
• 2. For the purposes of this article, “maritime casualty” means a collision of vessels, stranding or other incident of navigation, or other occurrence on board a vessel or external to it resulting in material damage or imminent threat of material damage to a vessel or cargo