UNIT 7- Law of the Sea Flashcards
- United nations conventions on the law of the sea, 1982
- Was adopted by the third United Nations conference on the Law of the sea in 1973
- Opened for signature, final act of the conference
- Entering into force on 16 november 1994
- State not party of UNCLOS, apply geneva conventions 1958, international customary law.
- States that have not consented to either UNCLOS 1982 or the 1958 Geneva conventions, may be governed by the customary rules on the subject.
Marine spaces recognized by UNCLOS are divided into two categories :
Maritime spaces subject to the sovereignty and jurisdiction of coastal states : internal waters, territorial sea, exclusive economic zone, continental shelf (including residual shelf), archipelagic water (archipelagic states).
Maritime space which are not under sovereignty or jurisdiction of any state : high sea and international seabed and ocean floor area.
Baselines and internal waters:
- Article 5.7 - Baselines
- Article 8 - Internal waters
Article 5, 7 UNCLOS. Baselines
The normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal state.
Country should draw its baseline, join the points along with their coast.
Article 8. Internal Waters
Waters on the landward side of the baseline of the territorial sea are part of the internal waters of the state.
Waters, bed, subsoil and the overlying air space are subject to the territorial sovereignty and jurisdiction of the coastal state.
Implies the application of its legislation. competence of its internal courts.
Exploitation of natural resources, regulation of navigation, authorization of access of foreign vessels. The state extends national sovereignty to internal waters.
There is no right of innocent passage for foreign vessels in internal waters.
Ports, bays.
Territorial sea
- Delimitation 12 nautical miles.
- Article 2 (3) is the adjacent belt of sea that extends beyond a state’s land territory and internal waters
- The sovereign power over the territorial sea extends to the air space, seabed, subsoil.
- Exclusive use of living and nonliving resources located.
- The coastal state apply the its jurisdiction and to sanction any infringements thereof
- Regulate the navigation of foreign vessels, regard to navigation safety, environmental protection, the protection of living resources
- Coastal state allows the innocent passage of foreign Vessels
Right of innocent passage of foreign ships in the territorial sea of the state.
Article 17, 18, 19 of the convention, UNCLOS
Innocent passage must be quick, uninterrupted and continuous
Warships upon notification or authorization → if you do not comply, the coastal state may require you to leave immediately of the territorial sea.
Article 30 -> The flag state of the warship would incur international responsibility for any damage suffered by the coastal state as consequence of non-compliance.
Right of innocent passage article 19.2. When is not innocent, the passage? Assumptions
The passage of a foreign ship will be considered detrimental to peace, good order or the security of the coastal state if that ship carries out in the territorial sea, any of the activities listed below :
- Any threat or use of force against the sovereignty, integrity territorial or political independence of the coastal state
- Any exercise or practice with weapons
- Any act intended to obtain information to the detriment of the defense or security of the coastal state
- Any act of propaganda aimed at attacking the defense or security of the coastal state
- The launching, reception or boarding of aircraft;
- The launching, receiving or boarding of military devices;
- The embarkation or disembarkation of any product, currency or person, in contravention of customs, fiscal, immigration or health of the coastal state
- Any act of international and serious contamination contrary to international law
- Any fishing activities
- Carrying out research activities or surveys hydrographic
- Any act aimed at disrupting communications systems or any other services or facilities of the coastal state
- Any other activities that are not directly related to the innocent passage
Contiguous Zone. Article 33
1) In an area contiguous to its territorial sea, designated as the contiguous area, the coastal state may take the necessary control measures to :
–> Prevent violations of its customs, tax, and other laws and regulations, of immigration or health that are committed in its territory or in its sea territorial;
–> Punish violations of laws and regulations committed in its territory or in its territorial sea
2) The contiguous zone may not extend beyond 24 nautical miles counted from the baselines from which the width of the territorial sea is measured.
The coastal state can prevent and punish violations of fiscal rules, customs, health, immigration, applicable in its territory and in the territorial sea.
The convention regulates the uses of the contiguous area regarding navigation or exploitation.
Exclusive Economic Zone (EEZ)
It has a width of 200 miles counted from the baseline to measure the sea territorial. article 55
The exclusive economic zone is an area located beyond the territorial sea and adjacent to this, subject to the specific legal regime established in this part, in accordance with the rights and jurisdiction of the coastal state and the rights and freedoms of the other states.
Article 56 -> rights, jurisdiction and duties of the coastal state in the EEZ
sovereignty rights for the purposes of exploration and exploitation, conservation and administration of natural resources, both living and nonliving, of waters overlying the bed and the bed and subsoil of the sea, and with respect to other activities with a view to the economic exploration and exploitation of the area, such as the production of energy derived from water, currents and winds.
b) Jurisdiction
- The establishment and use of artificial islands, facilities and structures
- marine scientific research
The protection and preservation of the marine environment
Freedom of navigation and overflight and laying of submarine cables and pipelines.
Continental Shelf
It is the extension of the continent under the sea (article 76) Definition of platform continental
The continental shelf of a coastal state includes the bed and subsoil of the underwater areas that extend beyond its territorial sea and throughout the natural extension of its territory to the outer edge of the continental margin, or up to a distance of 200 nautical miles counted from the baselines from the which the width of the territorial sea is measured, in cases where the outer edge of the continental margin does not reach that distance.
It extends to the outer edge of the continental margin : Argentina, Australia, Brazil, Canada, India.
The state must submit a request to the boundary commission for the extension of the natural area of its continental shelf beyond 200 miles.
The coastal state exercises sovereign rights over natural, mineral, and living resources. Sedentaries that remain motionless in the bed or subsoil. They can exploit non-living resources beyond 200 miles, up to 350 miles, making payments or contributions to the International seabed authority. They cannot oppose limits to third states. Scientific research is authorized beyond 200 miles.
High seas (article 87 of the United Nations convention)
Freedom of navigation → all states have the right to have the ships of their pavilion sail the ata mar. All ships have a nationality, determined by the pavilion or flag. There must be a relationship between the state of the flag and the ship (in some cases not, panama, malta, liberia, flag of convenience). The flag state exercises its jurisdiction and control. The ships can sail under the flag of an international organization, the UN.
- Article 93, freedom of overflight
- Freedom to lay underwater cables and pipelines
- Freedom of fishing → not an absolute right
- Limited to the conservation of living resources, avoid irrational fishing on the high seas, agreement of new york 1995.
- Freedom of scientific research
- The freedom to exploit bed and subsoil resources is not mentioned → all states benefit from freedoms : coastal or landlocked.
International seabed and ocean floor zone.
- It does not govern the principle of freedom, nor is it subject to the sovereignty or jurisdiction of any state.
- The seabed and its resources are a common heritage of humanity.
- United nations general assembly resolution 2749 of 17th of december 1970
- The international seabed and ocean floor authority organizes and controls the activities in the area, managing resources.
- It established a system of exploitation of the resources of this space that is carried out by : states, through licenses granted by the authority. A contract that allows exploiting resources, and pays taxes for it.
