UNCLOS

Question 1

Why has US not signed UNCLOS?

Answer 1

One major reason is the fear of treaties infringing on national sovereignty, restriction of regional resources.

Question 2

Hot Pursuit

Answer 2

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.

Question 3

Airspace

Answer 3

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.

Question 4

Internal Waters

Answer 4

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.

Question 5

Straight Baselines

Answer 5

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

Question 6

Innocent Passage

Answer 6

Passage is innocent so long as it is not prejudicial to the peace, good order, or security of the coastal nation

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.

Innocent passage includes stopping and anchoring, but only insofar as incidental to ordinary navigation, or as rendered necessary by force majeure or by distress.

No launching, landing, or taking on board of aircraft

Question 7

Noncombatants

Answer 7

Those members of the armed forces who do not take direct part in hostilities because of their status as medical personnel and chaplains.

Question 8

Unnecessary Suffering

Answer 8

Prohibits the use of arms, projectiles, or material calculated to cause unnecessary suffering to combatants

Question 9

Lawful Enemy Combatants

Answer 9

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.

Question 10

Activities Considered to be Prejudicial to Innocent Passage

Answer 10

1. 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
2. Any exercise or practice with weapons of any kind
3. Any act aimed at collecting information to the prejudice of the defense or security of the coastal nation
4. Any act of propaganda aimed at affecting the defense or security of the coastal nation
5. The launching, landing, or taking on board of any aircraft
6. The launching, landing, or taking on board of any military device
7. 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.
8. Any act of willful and serious pollution contrary to the 1982 LOS Convention
9. Any fishing activities
10. The carrying out of research or survey activities
11. Any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal nation
12. Any other activity not having a direct bearing on passage

Question 11

Military Necessity

Answer 11

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.

Question 12

Warship

Answer 12

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.

Question 13

International Straits Not Completely Overlapped by Territorial Seas

Answer 13

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

Question 14

Asylum

Answer 14

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. (Usually Secretary of State)

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

Question 15

Territorial Seas

Answer 15

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.

Question 16

PSAs

Answer 16

Politically Sensitive Areas: (Found in 7th Fleet CAS Portal [Specific Documents])

-Senakakus
-Paracel Islands
-Spratlie Islands
-Taiwan Strait
-Strait of Hormuz

Question 17

Innocent Passage (Archipelagic Waters)

Answer 17

Launching and recovering of aircraft are not allowed, nor may weapons exercises be conducted.

There is no right of overflight through airspace over archipelagic waters outside of archipelagic sea lanes.

Question 18

Air Defense Identification Zones in International Airspace

Answer 18

The United States does not recognize the right of a coastal nation to apply its ADIZ procedures to foreign aircraft not intending to enter national airspace nor does the United States apply its ADIZ procedures to foreign aircraft not intending to enter US airspace

Question 19

High Seas

Answer 19

High seas include all parts of the ocean seaward of the EEZ

Question 20

Sovereign Immunity

Answer 20

All vessels owned or operated by a state, and used, for the time being, only on government on commercials service are entitled to sovereign immunity.

Such vessels are immune from arrest or search, whether in national or international waters. Also immune from foreign taxation, exempt from any foreign state regulation requiring flying the flag of such foreign state either in its ports or while passing through its territorial sea, and are entitled to exclusive control over persons onboard such vessels with respect to acts performed on board.

Question 21

Low Tide Elevations

Answer 21

A naturally formed land area surrounded by water and that remains above water at low tide but is submerged at high tide. As a rule, straight baselines may not be drawn to or from a low-tide elevation unless a lighthouse or similar installation, which is permanently above sea level, has been erected thereon

Question 22

Coastal Security Zones

Answer 22

The United States does not recognize the validity of any claimed security or military zone.

Question 23

While in Transit Passage

Answer 23

Ships and aircraft shall:

a. Proceed without delay through or over the strait
b. Refrain from any threat or use of force against the sovereignty, territorial integrity, or political independence of States bordering the strait and
c. Refrain from any activities other than those incident to their normal modes of continuous and expeditious transit unless rendered necessary by force majeure or by distress

Question 24

Temporary Refuge

Answer 24

Protection afforded for humanitarian reasons to a foreign national in a DOD shore installation, facility, or military vessel within the territorial jurisdiction of a foreign nation or (in 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 decision to terminate protection will not be made by the commander… only when directed by the SecNav or higher.

US armed forces shall neither directly nor indirectly invite persons to seek asylum or temporary refuge.

Question 25

Exclusive Economic Zone

Answer 25

Resource related zone adjacent to the territorial sea- where a state has certain sovereign rights (but not sovereignty) and may not extend beyond 200nm from the baseline.

Question 25

Proportionality

Answer 25

Concerned with weighing the military advantage one expects to gain against the unavoidable and incidental loss to civilians and civilian property that will result from the attack

Question 25

Island, Rocks, and Low-Tide Elevations

Answer 25

Island: a naturally formed area of land, surrounded by water, which is above water at high tide.

Rock: islands that cannot sustain human habitation or economic life of their own. If they remain above water at high tide, they too possess a territorial sea.

Low Tide Elevation: A naturally formed land area surrounded by water and that remains above water at low tide but is submerged at high tide. As a rule, straight baselines may not be drawn to or from a low-tide elevation unless a lighthouse or similar installation, which is permanently above sea level, has been erected thereon

Question 26

Distinction

Answer 26

Concerned with distinguishing combatants from civilians and military objects from civilian objects so as to minimize damage to civilians and civilian objects… must distinguish [commander’s] forces from the civilian population… must distinguish valid military objectives from civilians or civilian objects before attacking

Question 27

International Straits (Transit Passage)

Answer 27

Transit passage is the exercise of the freedom of navigation and overflight solely for the purpose of continuous and expeditious transit in the normal modes of operation utilized by ships and aircraft between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone

Transit passage exists throughout the entire strait (shoreline to shoreline) and not just the area overlapped by the territorial sea of the coastal nation(s)… Ships and aircraft of all nations… enjoy the right to unimpeded transit passage through such straits

Transit passage through internationals straits cannot be hampered or suspended by the coastal nation for any purpose during peacetime. Also applies to transiting ships of nations at peace with the bordering coastal nation but involved in armed conflict with another nation

Question 28

International Waters

Answer 28

All ocean areas not subject to the territorial sovereignty of any nation. Include contigous zones, exclusive economic zones, and high seas.

Question 29

Right of Self Defense

Answer 29

All nations are vested with an inherent right of individual and collective self-defense.

Necessity: The requirement that a use of force be in response to a hostile act or demonstration of hostile intent, and:

Proportionality: the requirement that the use of force be in all circumstances limited in intensity, duration and scope to that which is reasonably required to counter the attack or threat of attack and to ensure the continued safety of US forces

Anticipatory self defense: determination of whether or not an attack is imminent will be based on an assessment of all facts and circumstances known at the time

Question 29

Archipelagic Sea Lanes Passage

Answer 29

All ships and aircraft enjoy the right of archipelagic sea lanes passage while transiting through, under, or over archipelagic waters and adjacent territorial sea via all routes normally used for international navigation and overflight.

Defined as: continuous, expeditious, and unobstructed transit through archipelagic waters

Ships and aircraft engaged in archipelagic sea lanes passage through such designated sea lanes are required to remain within 25nm either side of the axis line and must approach no closer to the coastline than 10% of the distance between the points on islands bordering the sea lane and the axis line

Question 30

Low Water Line

Answer 30

The normal baseline from which maritime claims of a nation are measured is the low-water line along the coast as marked on the nation’s official large-scale charts

Question 30

Warning Shots

Answer 30

Under international law, warning shots do not constitute a use of force.

Question 31

Contiguous Zone

Answer 31

CFIS - Customs, Financial, Immigration, and Sanitary

An area extended seaward from the baseline up to 24nm in which the coastal nation may exercise the control necessary to prevent or punish infringement of its customs, fiscal, immigration, and sanitary laws and regulations that occur within its territory or territorial sea. Ships and aircraft enjoy high seas freedoms, including overflight, in the contiguous zone.

Question 32

Artificial Islands and Off-Shore Installations

Answer 32

Artificial islands and off-shore installations have no territorial sea of their own. They have a standoff of 500 meters.

Question 33

Military Aircraft

Answer 33

Aircraft operated by commissioned units of the armed forces of a nation bearing the military markings of that nation, commanded by a member of the armed forces, and manned by a crew subject to regular armed forces discipline.

Like warships, enjoy sovereign immunity from foreign search and inspection. Subject to the right of transit passage, archipelagic sea lanes passage, and entry in distress, State aircraft may not enter national airspace or land in the sovereign territory of another nation without its authorization

Question 33

Unlawful Enemy Combatant

Answer 33

Persons not entitled to combatant immunity, who engage in acts against the United States or its coalition partners in violation of the laws and customs of war during armed conflict.

Question 34

Safety Zones

Answer 34

Coastal nations may establish safety zones to protect artificial islands, installations, and structures located in their internal waters, archipelagic waters, territorial seas, and exclusive economic zones, and on their continental shelves.

In the case of artificial islands, installations, and structures located in the exclusive economic zones or on the continental shelf beyond the territorial sea, safety zones may not extend beyond 500 meters from the outer edges of the facility in question, except as otherwise authorized by generally accepted international standards.

Question 35

Right of Approach and Visit

Answer 35

Under international law, a warship, military aircraft, or other duly authorized ship or aircraft may approach any vessel in international waters to verify its nationality. Unless the vessel encountered is itself a warship or government vessel of another nation, it may be stopped, boarded, and the ship’s documents examined, provided there is reasonable ground for suspecting that it is:

1. Engaged in piracy
2. Engaged in slave trade
3. Engaged in unauthorized broadcasting
4. Without nationality.
5. Though flying a foreign flag, or refusing to show its flag, the vessel is, in reality, of the same nationality as the warship

Question 35

National Waters

Question 36

Right of Assistance Entry

Answer 36

An operational commander may render immediate rescue assistance by deploying a U.S. military aircraft (including aircraft embarked aboard military ships conducting RAE operations) into the national airspace within U.S.-recognized foreign territorial seas or archipelagic waters when all four of the following conditions are met:

(a) A person, ship, or aircraft within the foreign territorial sea or archipelagic waters is in danger or distress from perils of the sea and requires immediate rescue assistance;
(b) The location is reasonably well known;
(c) The U.S. military aircraft is able to render timely and effective assistance;
(d) Any delay in rendering assistance could be life-threatening. If the situation is not life-threatening, then, pursuant to reference a, the operational commander must request guidance from higher authority via the operational chain of command using the fastest means available.

Question 37

Hostile Intent Definition

Answer 37

Hostile intent is the threat of imminent use of force by a foreign force or terrorist unit (organization or individual) against the United States, U.S. forces, and in certain circumstances, U.S. citizens, their property, U.S. commercial assets, or other designated non-U.S. forces, foreign nationals and their property.

Question 38

Collective Defense Definition

Answer 38

The act of defending designated non-U.S. citizens, forces, property, and interests from a hostile act or demonstrated hostile intent.