Worksheet 7

Question 1

What is the baseline?

Answer 1

A line which serves as a base or point of reference for measuring the breath of the territorial sea

Question 2

What does the baseline mark?

Answer 2

The limit of a state’s internal waters where all waters landward of the baseline are internal waters and part of a state’s land territory

Question 3

What is the baseline used to construe?

Answer 3

Lines of equidistance in disputes concerning the delimitation of territorial sea between opposite or adjacent states

Question 4

What are the three types of baselines used in the law of the sea?

Answer 4

1. Normal
2. Straight
3. Straight archipelagic

Question 5

What are internal waters?

Answer 5

All waters landward from the baseline

Question 6

What is included in internal water?

Answer 6

Rivers, lakes, canals, bays or other internal waters that come from the sea

Question 7

How much jurisdiction can a state exercise over its internal water?

Answer 7

Full jurisdiction

Question 8

What is the territorial sea?

Answer 8

The band or belt of water immediately adjacent to internal waters

Question 9

How much territorial sea can be claimed?

Answer 9

12 nautical miles according to LOSC

Question 10

What does customary international law say about the territorial sea?

Answer 10

That it forms part of a state’s territory and its subject to its sovereignty but there are limitations

Question 11

What is innocent passage?

Answer 11

Vessels of every state have the right to innocent passage through a territorial sea of another state

Question 12

What makes passage innocent?

Answer 12

If it is not prejudicial to the peace, good order or security of the coastal state

Question 13

A state can exercise criminal jurisdiction in its territorial sea, what are the conditions where this should only be exercised in and under what statute?

Answer 13

LOSC
1. The consequences of the crime extend to the coastal state
2. The crime disturbs the peace of the country or the order of the territory sea
3. Assistance was been requested either by the captain of the ship or the flag country
4.it is necessary for the suppression of illicit traffic in illegal drugs

Question 14

How many categories of International straits are there? And what are the categories?

Answer 14

Dividing into two categories by part 3 of the LOSC
Those to which part 3 applies
Those to which part 3 does not apply

Question 15

What does part 3 of the LOSC apply to?

Answer 15

Straits used for international navigation between the high seas or the EEZ which are entirely within the territorial waters of States bordering them

Question 16

What does article 44 of the LOSC state?

Answer 16

bordering states have a duty not to hamper/suspend transit passage

Question 17

What does the law of international straits state about ships and aircraft’s

Answer 17

Ships and aircraft’s are entitled to transit passage through or over international straits, provided that transit passage is exercised in a continuous and expeditions manner

Question 18

What does article 44 LOSC state?

Answer 18

Bordering states have a duty not to hamper/suspend transit passage

Question 19

What is an archipelogic state? And give the statute

Answer 19

A state constituted wholly by one or more archipelagos and may include other islands with interconnected waters and other natural features which are so closely interrelated and form an intrinsic geographical, economic and political entity or which historically have been regarded as such
Article 46 LOSC

Question 20

What does the law state about archipelogic waters? -Give the respective article

Answer 20

Article 52 LOSC ‘
- only a state which satisfies the definition of an archipelagic state may claim the right to archipelagic waters
- archipelagic baselines can be drawn which allow enclosures for outermost islands
-must ensure that ships of all states enjoy the right of innocent passage through archipelagic waters
- innocent passage can be suspended without discrimination and only for security reasons

Question 21

What is the contiguous zone?

Answer 21

A zone adjacent to the territorial sea over which a coastal state may exercise limited jurisdiction

Question 22

What is the exclusive economic zone?

Answer 22

An area beyond and adjacent to the territorial sea in which a coastal state enjoys certain sovereign rights subject to the rights and freedoms accorded to other states

Question 23

How for do the EEZ stretch?

Answer 23

20ONM from the baseline

Question 24

A coastal state may exercise sovereign rights over the resources contained in the EEZ including what?

Answer 24

Seabed and subsoil and the airspace above the purpose of exploration, exploitation, conservation and management

Question 25

Who exercises legislative and enforcement jurisdiction over foreign ships in the EEZ?

Answer 25

A coastal state if the issue relates to conservation, pollution and the exploitation und use of EEZ resources

Question 26

How can other states use an EEZ of a coastal states?

Answer 26

Navigation & overflight
Laying of submarine cables and pipelines and other internationally lawful uses related to these freedoms

Question 27

What is the continental shelf?

Answer 27

The seabed and subsoil of the submarine areas adjacent to but outside the territorial sea of a coastal state

Question 28

What are the rights of coastal states in the continental shelf?

Answer 28

explore and exploit the natural resources + mineral and non-living resources
Other states cannot do this without consent

Question 29

What is the distance of continental shelf from the baseline?

Answer 29

200 - 350 nautical miles

Question 30

What is considered high seas?

Answer 30

All parts of the seas not included in the EEZ, the territorial sea or the archipelagic waters of an archipelagic state from part of the high seas

Question 31

Who owns the high seas?

Answer 31

Nobody, The high seas are open to all states and no state may validly subject any part of the high seas to its sovereignty

Question 32

For vessels on the high seas, whose authority are they subject to?

Answer 32

The state whose flag they fly

Question 33

What are exceptions in the high seas under customary international law

Answer 33

1. Hot pursuit
2. The right to approach and visit
3. Exceptions under treaties
4. UNSC authorization

Question 34

Can warships approach other vessels

Answer 34

Yes it they suspect piracy, slave trade, unauthorized broadcasting and/or is without nationality
Warships cannot approach other warships as it may be seen as an act of war

Question 35

What is the jurisdiction over the following?
1. Foreign warships/ships operated by a state for a non- commercial purpose
2. Commercial ships
3. Ships in distress

Answer 35

1. Required to comply with a state’s law while within its ‘ ports and internal waters immune from arrest, inspection, or seizure by authorities of nations other than the flag state
2. Once their conduct regulated falls within the territory of the state, it has jurisdiction
3. Have a right to seek shelter in territorial sea, but also the right to free access to national ports and, while in the port of the coastal state, they even enjoy certain immunities from local jurisdiction

Question 36

What does freedom of high seas mean?

Answer 36

No state can subject any part of the high seas to its sovereignty or prevent its access, use or exploitation by another state

Question 37

What are the high seas recognized as?

Answer 37

Res communis: common to all mankind
res nullis: incapable of ownership and more recently as the common heritage of mankind

Question 38

According to article 87 of the LOSC, what are some activities that are enjoyed by all states on the high seas

Answer 38

Freedom of navigation, freedom of fishing, freedom to lay submarine pipes and cables, freedom of flight, freedom to construct artificial islands and installations permitted under international law, freedom of scientific research

Question 39

What does the LOSC require between the ship and the state it flies? And is this requirement always met?

Answer 39

A genuine link between the ship and whose flag it flies

No always observed and some ships fly “flags of convenience”

Question 40

What happens if a ship flies the flag of more than one state?

Answer 40

It is treated as stateless

Question 41

Who can exercise jurisdiction over a stateless vessel or one treated as such?

Answer 41

Any state

Question 42

What statute allows for the right of hot pursuit?

Answer 42

Article 111

Question 43

What are the two tiers in the LOSC for settlement of disputes?

Answer 43

Parties to a dispute may choose any procedure they wish
If they fail to settle a dispute by means of their own choice, they must settle it in accordance with the compulsory procedures set out in Section 2 of Part XV

Question 44

What are the procedures of Section 2 of Part XV of LOSC?

Answer 44

International tribunal for the law of the sea
The ICJ
Arbitral tribunal under annex 8
Special arbitral tribunal under annex 7 which has jurisdiction in respect of disputes relating to fisheries, the marine environment, scientific research and navigation

Question 45

What does article 111 (1) say?

Answer 45

Hot pursuit can be undertaken by competent authorities when there is good reason to believe that the ship has violated laws and regulations
Must be commenced when the foreign ship or one of its boats is within the internal waters, archipelagic waters, the territorial sea, or the contiguous zone of the pursuing state, and may only be continued outside of the territorial sea or the continuous zone if the pursuit has not been interrupted 
if the foreign ship is within a contiguous zone as defined in article 33, the pursuit may only continue if there has been a violation of the rights for the protection of which the zone was established 

Question 46

What does article 111 (2) say?

Answer 46

The right of hot pursuit shall apply mutatis mutandis to the violations in the exclusive economic zone of continental shelves, including safety zones around continental shelf, installations of the laws and regulations of the coastal state applicable in accordance with this convention to the exclusive economic zone or the continental shelf, including safety zones

Question 47

What does article 111 (3) say?

Answer 47

The right to hot pursuit ceases, as soon as the ship pursued enters the territorial sea of its own state or of a third state 

Question 48

What does article 111 (4) say?

Answer 48

Hot pursuit is not deemed to have begun unless the pursuing ship has satisfied itself by such practicable means as may be available that the ship pursued or one of its boats or other craft working as a team using the ship pursued as a mothership is within its limit of territorial see as the case maybe or within the continuous zone or exclusive economic zone or above the continental shelf
Hot pursuit may only be can commenced after a visual or auditory signal to stop has been given at a distance which enables it to be seen or heard by the foreign ship 

Question 49

What does article 111 (5) say?

Answer 49

Hot pursuit may only be exercised by warships or military aircraft or ships or aircraft, clearly marked as identifiable as being on government service and authorized to that effect 

Question 50

What does article 111 (6) say?

Answer 50

where are hot pursuit is affected by an aircraft. The provisions of paragraph 1 to 4 shall apply mutatis mutandis Mutandis 
The aircraft giving the order must stop itself, actively pursue the ship until a ship or other aircraft arrives of the call by the aircraft arrives to take over the pursuit unless the aircraft itself is able to arrest the ship. It does not suffice to justify an arrest outside the territorial sea that the ship was by an aircraft as an offender or suspected offender, if it was not both ordered to stop and pursued by the aircraft itself or another aircraft or ships pursuit without interruption 

Question 51

What does article 111 (7) say?

Answer 51

The release of a shift arrested within the jurisdiction of a state, and escorted to a part of that state for the purposes of an inquiry before the competent authorities may not be claimed solely on the ground that the ship in the course of its voyage was escorted across a portion of the exclusive economiczone or if the circumstances render this necessary

Question 52

What does article 111 (8) say?

Answer 52

where a ship has been stopped, arrested outside the territorial See and circumstances which do not justify the exercise of the right of hot pursuit it shall be compensated for any loss or damage that may have been thereby sustained