UNCLOS Flashcards
Hot Pursuit
Pursuit must be commenced when the foreign ship or one of its boats is within the internal waters, the archipelagic waters, the territorial sea, or the contiguous zone of the pursuing nation, and may only be continued outside the territorial sea or contiguous zone if the pursuit has not been interrupted… The right of hot pursuit ceases as soon as the ship pursued enters the territorial sea of its own nation or of a third nation.
- Commencement:… pursuit may only be commenced after a visual or auditory signal to stop has been given at a distance that enables it to be seen or heard by the foreign ship.
- Hot Pursuit by Aircraft:
a. The preceding provisions apply; and
b. … must first order the suspected offender to stop. Should the suspected offender fail to comply, pursuit may be commenced alone or in conjunction with other aircraft or ships. - Requirement for Continuous Pursuit: hot pursuit must be continuous, either visually or through electronic means. The ship or aircraft giving the order to stop must itself actively pursue the ship until another ship or aircraft of or authorized by the coastal nation, summoned by the ship or aircraft, arrives to take over the pursuit, unless the ship or aircraft is itself able to arrest the ship.
Airspace
National airspace: over land, internal waters, archipelagic waters, and territorial seas of a nation
International airspace: over contiguous zones, exclusive economic zones, the high seas, and territory not subject to the sovereignty of any nation.
Assistance Entry
All ship and aircraft commanders have an obligation to assist those in danger of being lost at sea.
Permits assistance entry into the territorial sea by ships or, under certain circumstances, aircraft without permission of the coastal nation to engage in bona fide efforts to render emergency assistance to those in danger or distress at sea. This right applies only when the location of the danger or distress is reasonably well known. It d_oes not extend to entering the territorial sea or super adjacent airspace to conduct a search_, which requires the consent of the coastal nation.
Internal Waters
Internal waters are landward of the baseline from which the territorial sea is measured.
No right of innocent passage in internal waters, and, unless in distress, ships and aircraft may not enter or overfly internal waters without the permission of the coastal nation.
Straight Baselines
Straight baselines must not depart from the general directions of the coast, and the sea areas they enclose must be closely linked to the land domain
Innocent Passage
International law provides that ships (but not aircraft) of all nations enjoy the right of innocent passage for the purpose of continuous and expeditious traversing of the territorial sea or for proceeding to or from internal waters.
Passage is innocent so long as it is not prejudicial to the peace, good order, or security of the coastal nation
Does not include the right of overflight
Noncombatants
Those members of the armed forces who do not take direct part in hostilities because of their status as medical personnel and chaplains.
Unnecessary Suffering
Prohibits the use of arms, projectiles, or material calculated to cause unnecessary suffering to combatants
Lawful Enemy Combatants
Include members of the regular armed forces of a State party to the conflict; militia, volunteer corps, and organized resistance movements belonging to a State party to the conflict, which are under responsible command, wear a fixed distinctive sign recognizable at a distance, carry their arms openly, and abide by the laws of war; and members of regular armed forces who profess allegiance to a government or an authority not recognized by the detaining power. Lawful combatants are entitled to combatant immunity- that is, they cannot be prosecuted for their lawful military actions prior to capture.
Activities Considered to be Prejudicial to Innocent Passage
- Any threat or use of force against the sovereignty, territorial integrity, or political independence of the coastal nation, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations
- Any exercise or practice with weapons of any kind
- Any act aimed at collecting information to the prejudice of the defense or security of the coastal nation
- Any act of propaganda aimed at affecting the defense or security of the coastal nation
- The launching, landing, or taking on board of any aircraft
- The launching, landing, or taking on board of any military device
- The loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws, and regulations of the coastal nation.
- Any act of willful and serious pollution contrary to the 1982 LOS Convention
- Any fishing activities
- The carrying out of research or survey activities
- Any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal nation
- Any other activity not having a direct bearing on passage
Military Necessity
Recognizes that force resulting in death and destruction will have to be applied to achieve military objectives, but its goal is to limit suffering and destruction to that which is necessary to achieve a valid military objective.
In application, a commander should ask whether the object of attack is a valid military objective and, if so, whether the total or partial destruction, capture, or neutralization of the object of attack will constitute a definite military advantage under the circumstances at the time of the attack.
Warship
A ship belonging to the armed forces of a nation bearing the external markings distinguishing the character and nationality of such ships, under the command of an officer duly commissioned by the government of that nation and whose name appears in the appropriate service list of officers, and manned by a crew that is under regular armed forces discipline.
Warships enjoy sovereign immunity from interference by the authorities of nations other than the flag nation.
All warships enjoy the right of innocent passage on an unimpeded and unannounced basis.
International Straits Not Completely Overlapped by Territorial Seas
All aircraft enjoy high seas freedoms while operating in the high seas corridor beyond the territorial sea. If the high seas corridor is not of similar convenience (e.g. would be inconsistent with sound navigational practices) such aircraft enjoy the right of unimpeded transit passage through the strait
Archipelagic Waters and Sea Lanes
Asylum
Protection and sanctuary granted by the United States Government within its territorial jurisdiction or in international waters to a foreign national who applies for such protection because of persecution or fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
Whether to grant asylum is a decision reserved to higher authority.
Asylum will not be received on board Coast Guard units except in extreme circumstance and in no case will they be received on board a Coast Guard aircraft
Territorial Seas
Measured seaward up to 12nm from the baseline of the coastal nation and subject to its sovereignty. Ships enjoy the right of innocent passage in the territorial sea. Innocent passage does not include a right for aircraft overflight of the territorial sea.
PSAs
Politically Sensitive Areas:
Senakakus
Paracels
Spratlies