Topic 3 International Law Flashcards
Q1
In the context of public international law and the enforcement of shipping regulations:
a) identify in general terms and distinguish between a sovereign state’s national waters and its territorial sea; (15)
3.1 THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS) UNCLOS embraces all aspects of the uses and resources of the oceans. The Convention establishes a comprehensive framework for the regulation of all ocean space. The provisions of UNCLOS govern, amongst other things, the extent of national sovereignty or jurisdiction, the safety of navigation and the protection of the marine environment from pollution. It provides for the establishment of territorial seas up to 12 miles and an exclusive economic zone of up to 200 miles in breadth over which the coastal State has certain sovereign rights. It also provides for special regimes that apply to navigation through straits and archipelagic waters.
Q1 b) explain the significance and meaning of “innocent passage”. (5)
INNOCENT PASSAGE
Under UNCLOS, ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.
The Meaning of Passage:
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.
Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.
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 its passage, save only in the following cases:
• if the consequences of the crime extend to the coastal State;
• if the crime is of a kind to disturb the peace of the country or the good order of the territorial sea;
• 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
• if such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances.
Q2
Define what is meant by “freedom of the high seas”.
FREEDOM OF THE HIGH SEAS
The high seas are open to all States, whether coastal or land-locked. Freedom of the high seas is exercised under the conditions of UNCLOS and by other rules of international law.
It comprises of
• freedom of navigation;
• freedom of overflight;
• freedom to lay submarine cables and pipelines;
• freedom to construct artificial islands and other installations;
• freedom of fishing, subject to certain conditions;
• freedom of scientific research, subject to certain conditions
These freedoms must be exercised by all States with due regard for the interests of other States in their exercise of the freedom of the high seas.
Criminal enforcement
Flagstate
Your nationality
The country that issued your CoC can revoke it
Q3
Describe in general terms and in context of the right of innocent passage and the enforcement of compliance with international conventions, the significance of the following sea areas:
a) Internal Waters
b) The Territorial Sea
c) The High Seas (20)
Internal Waters
Waters on the landward side of the baseline of the territorial sea form part of the internal waters of the State. The coastal State has complete jurisdiction in its internal waters.
To implement international conventions, coastal States must enact national legislation giving effect to and enforcing their provisions. Individual States may also have additional national legislation in place regulating the use of their internal waters (e.g.
CEVNI, which is the code governing navigation on the interconnected European inland waterways).
Territorial Sea
The sovereignty of a coastal State extends beyond its land territory and internal waters to an adjacent belt of sea, described as the territorial sea. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil. The sovereignty over the territorial sea is exercised subject to UNCLOS and to other rules of international law.
Breadth of the Territorial Sea: every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from the
baselines.
High Seas
The high seas are all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State.
3.2 FREEDOM OF THE HIGH SEAS
The high seas are open to all States, whether coastal or land-locked. Freedom of the high seas is exercised under the conditions of UNCLOS and by other rules of international law.
it comprises, inter alia:
• freedom of navigation;
• freedom of overflight;
• freedom to lay submarine cables and pipelines;
• freedom to construct artificial islands and other installations;
• freedom of fishing, subject to certain conditions;
• freedom of scientific research, subject to certain conditions.
These freedoms must be exercised by all States with due regard for the interests of other States in their exercise of the freedom of the high seas.
Q4
How do International Conventions apply to vessels in the following areas?
a) Territorial Seas
b) Internal Waters
c) On the High Seas
Internal Waters full sovereignty
Waters on the landward side of the baseline of the territorial sea form part of the internal waters of the State. The coastal State has complete jurisdiction in its internal waters.
To implement international conventions, coastal States must enact national legislation giving effect to and enforcing their provisions. Individual States may also have additional national legislation in place regulating the use of their internal waters (e.g.
CEVNI, which is the code governing navigation on the interconnected European inland waterways).
Territorial Sea. Sovereign rights
The sovereignty of a coastal State extends beyond its land territory and internal waters to an adjacent belt of sea, described as the territorial sea. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil. The sovereignty over the territorial sea is exercised subject to UNCLOS and to other rules of international law.
Breadth of the Territorial Sea: every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from the
baselines.
High Seas
The high seas are all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State.
3.2 FREEDOM OF THE HIGH SEAS
The high seas are open to all States, whether coastal or land-locked. Freedom of the high seas is exercised under the conditions of UNCLOS and by other rules of international law.
it comprises, inter alia:
• freedom of navigation;
• freedom of overflight;
• freedom to lay submarine cables and pipelines;
• freedom to construct artificial islands and other installations;
• freedom of fishing, subject to certain conditions;
• freedom of scientific research, subject to certain conditions.
These freedoms must be exercised by all States with due regard for the interests of other States in their exercise of the freedom of the high seas.
Q5
What is the difference between “Territorial Waters” and “Internal Waters”?
Internal Waters
Waters on the landward side of the baseline of the territorial sea form part of the internal waters of the State. The coastal State has complete jurisdiction in its internal waters.
To implement international conventions, coastal States must enact national legislation giving effect to and enforcing their provisions. Individual States may also have additional national legislation in place regulating the use of their internal waters (e.g.
CEVNI, which is the code governing navigation on the interconnected European inland waterways).
Territorial Sea
The sovereignty of a coastal State extends beyond its land territory and internal waters to an adjacent belt of sea, described as the territorial sea. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil. The sovereignty over the territorial sea is exercised subject to UNCLOS and to other rules of international law.
Breadth of the Territorial Sea: every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from the
baselines.
• freedom to construct artificial islands and other installations;
• freedom of fishing, subject to certain conditions;
• freedom of scientific research, subject to certain conditions.
These freedoms must be exercised by all States with due regard for the interests of other States in their exercise of the freedom of the high seas.
Q6
a) Define each of the following:
• Internal waters
• The territorial sea
• The high seas (6)
b) Define the Base Line. (2)
c) State three rules that apply in each of the following:
• Internal waters
• The territorial sea
• The high seas (9)
d) Define the right of innocent passage. (3)
Internal Waters
Waters on the landward side of the baseline of the territorial sea form part of the internal waters of the State.
Territorial Sea
Sea up to a limit not exceeding 12 nautical miles, measured from the baselines.
High Seas
The high seas are all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State.
The Baseline
The baseline is the line that divides the territorial sea and internal waters. Baselines form the basis for the maritime zones.
There are 2 types of baselines:
Normal & Straight
c) State three rules that apply in each of the following:
• Internal waters
• The territorial sea
• The high seas (9)
d) Under UNCLOS, ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.
07
What is the significance of the geographical position of the yacht, the nationality of the crew and the flag of the vessel in determining criminal jurisdiction?
Geographical position of the yacht
If the vessel is in the internal waters or territorial waters of a Coastal State, that state may exercise its right of jurisdiction (subject to Article 27). The coastal State has complete jurisdiction in its internal waters. On the high seas, the Flag State has exclusive jurisdiction.
Flag of the yacht
A vessel assumes the nationality of her Flag State and is subject to its jurisdiction regardless of location. On the high seas, the Flag State has exclusive jurisdiction.
Nationality of the crew
Article 97 of UNCLOS (Penal jurisdiction in matters of collision or any other incident of navigation) provides:
• In the event of a collision or any other incident of navigation concerning a ship on the high seas, involving the penal or disciplinary responsibility of the master or of any other person in the service of the ship, no penal or disciplinary proceedings may be instituted against such person except before the judicial or administrative authorities either of the flag State or of the State of which such person is a national
In disciplinary matters, the State which has issued a master’s certificate or a certificate of competence or licence shall alone be competent, after due legal process, to pronounce the withdrawal of such certificates, even if the holder is not a national of the State which issued them.
Q8
Who is responsible for enforcing International corventions upon vessels and seafarers?
Flag state
Q9
a) Distinguish between a ‘British ship’ and a ‘United Kingdom ship’ with particular reference to the application of United Kingdom merchant shipping legislation. (5)
P64-65
3.8 “UNITED KINGDOM REGISTERED YACHT” VS “BRITISH YACHT”
A ‘United Kingdom ship’ is a British ship registered in the United Kingdom under the Merchant Shipping Act. As such it is regulated by the laws of the United Kingdom, regardless of geographical location.
A ‘British ship’ is any ship which owes allegiance to the British Crown and is entitled to its protection. It includes any ship registered in any of the Crown territories (eg Cayman Islands,)authorised to register ships. The expression can include ships which are not registered in any country but which are wholly owned by British subjects/companies. British ships may fly a Red Ensign British ships include
• AlI UK Registered Ships
• All ships registered in the Crown Dependencies
• All ships registered in the British Overseas Territories
Q9
b) Explain the procedure for registering a ship as a United Kingdom ship, identifying the various documents involved and their purpose. (15)
Registration Procedure
Applications for registry should be submitted to the UK Registry of Shipping and
Seamen (RSS) in Cardiff.
Purpose of Main Registration Documents
1. Application Form
This must be filled out first and invites owner/s to propose a name (and alternative names), nominate a port of choice, provide the dimensions of the vessel and any details of previous registration and mortgages. The vessel’s chosen name must be approved by the RSS. Two ships on the same register may not have the same name and the name must not be deceitful or offensive.
2. Declaration of Eligibility
A Declaration of Eligibility form must be passed to the Register with the application form. This will contain the following items:
• A list of the owners) qualified to own a British registered ship and the number of legal shares possessed by each
A list of unqualified owners (if any)
The representative person if the owners are not UK residents or the managing owner if any of them are
• A series of declarations affirming the qualification of the majority of the owners to British registration
- Bill of sale
This document provides:
• Evidence of ownership
• Proof of title
This is particularly important as the Certificate of Registry does not prove ownership.
Transfer of flag survey
Measurement5 survey
Official number and carving and marking
Q10
With reference to the procedures associated with the registration of a British Ship in the
UK, explain the purpose of the following documents:
a) Certificate of Registry (5)
Certificate of British Registry
A Certificate of British Registry establishes the ship’s nationality and tonnages but does not prove ownership or show mortgages. It is valid for a maximum of 5 years
• The certificate shows the following details on the front:
Name; Official number; Radio call sign; IMO number/Hull Identification Number;
Port; Type; Method of propulsion; Engine make & model; total engine power in kW; Length; Breadth; Depth; Gross tonnage; Nett tonnage; Registered tonnage; Year of build; Name of Builder; Country of build; Date of issue of certificate; Date of expiry; Signature of RSS official signing; Badge of RSS
• The certificate shows the following details on the back:
Name(s) and addresses of owner(s) and number of shares of each owner
The Certificate of Registry should always accompany the ship and remain in the Master’s custody. It is probably the most important document in the ship. It establishes and is the only proof of nationality and tonnage but is not a document of title. It must be produced every time when clearing outwards from a UK port, and when entering (and/or clearing out of) many foreign ports. If the ship is lost, sold to foreigners, captured by an enemy, or broken up, notice of the circumstances together with the Certificate of Registry (if existing) must be given to the RSS
b) Declaration of eligibility (5)
- Declaration of Eligibility
A Declaration of Eligibly form must be passed to the Register with the application form. This will contain the following items:
A list of the owner(s) qualified to own a Brlish registered ship and the number of legal shares possessed by each
• A list of unqualified owners (if any)
The representative person if the Owners are not UK residents or the managing owner if any of them are
• A series of declarations affirming the qualification of the majority of the owners
to British registration
c) Bill of sale (5)
- Bill of Sale
This document provides:
• Evidence of ownership
• Proof of title
This is particularly important as the Certificate of Registry does not prove ownership.
d) Carving and marking note (5)
A Carving and Marking Note (for pleasure vessels of 24m and over or merchant vessels) instructs the vessel concerned to be marked with:
• The official number and “appropriate tonnage”, to be conspicuously carved or marked on the main beam of the ship, or if there is no main beam, on a readily accessible visible permanent part of the structure of the ship either cutting-in, centre punching or raised lettering;
• The name, to be marked on each of its bows and its stern (pleasure vessels are exempt from marking the name on the bows);
• The port of choice to be marked on the stern.
