UNCLOS

Question 1

Hot Pursuit (3.11.2.2.4)

Answer 1

1. Commenced when a suspect vessel is within one of the coastal state’s maritime zones (TS, CZ, EEZ) and is suspected of violating a law relevant to that zone. (Hot pursuit can only be exercised by military/state vessels or aircraft)
2. Hot pursuit must be continued without interruption, either visually or through electronic means. Ship or aircraft giving order to stop must itself actively pursue the offending vessel, unless another ship or aircraft arrives to take over the pursuit. Hand-offs must satisfy the continuous pursuit requirement.
3. Termination - hot pursuit ceases as soon as the ship pursued enters the territorial seas of its own state or of a third state (unless the coastal state concerned permits the pursuit to continue)

Question 2

Asylum (3.3.1)

Answer 2

Military commanders do NOT have the authority to grant asylum. That decision is reserved to the Secretary of State (Sec. Blinken)

-Any person requesting asylum in international waters or in territories and internal waters under the exclusive jurisdiction of the U.S. will be received on board any USN or USMC aircraft, vessel, etc.
-Persons are to be afforded every reasonable care and protection permitted by the circumstances.
-Under no circumstances will a person seeking asylum be surrendered to foreign jurisdiction or control, unless at the personal direction of the SecNav (Del Toro) or higher.

Question 3

Temporary Refuge (3.3.2)

Answer 3

-Protection afforded for humanitarian reasons to a foreign national within the territorial jurisdiction of a foreign nation/international waters, under conditions of urgency in order to secure the life or safety of that person against imminent danger, such as pursuit by a mob.

-The commander of the ship, aircraft, or unit must decide which measures can prudently be taken to provide temporary refuge.

-All requests for Temporary Refuge must be reported immediately to CNO or CMC.

-Termination of temporary refuge only when directed by SecNav (Del Toro) or higher authority

Question 4

Inviting requests for Asylum or Refuge (3.3.3)

Answer 4

U.S. Armed Forces personnel shall neither directly nor indirectly invite persons to seek asylum or temporary refuge.

Question 5

Innocent Passage (2.5.2.1)

Answer 5

Ships (NOT Aircraft) enjoy 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 state.

-Does not include the right of overflight.

Question 6

Transit Passage (2.5.3.2) - International Straits

Answer 6

-Ships & aircraft of all nations enjoy the right of unimpeded transit through such straits.

-Exercise of the freedoms of navigation and overflight solely for the purpose of continuous and expeditious transit in the normal modes of operation.

-Transit passage exists throughout the entire strait (shoreline to shoreline) and not just the area overlapped by the territorial sea of the coastal states.

Question 7

Archipelagic Sea Lanes Passage (2.5.4.1)

Answer 7

-All ships and aircraft enjoy the right of archipelagic sea lanes passage via all routes normally used for international navigation and overflight in NORMAL MODE OF OPERATION. Launch and recovery of aircraft is OK.
-Similar to transit passage with 2 additional rules:
1. Each sea lane is defined by a continuous axis line from the point of entry into