Worksheet 7 Flashcards
What is the baseline?
A line which serves as a base or point of reference for measuring the breath of the territorial sea
What does the baseline mark?
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
What is the baseline used to construe?
Lines of equidistance in disputes concerning the delimitation of territorial sea between opposite or adjacent states
What are the three types of baselines used in the law of the sea?
- Normal
- Straight
- Straight archipelagic
What are internal waters?
All waters landward from the baseline
What is included in internal water?
Rivers, lakes, canals, bays or other internal waters that come from the sea
How much jurisdiction can a state exercise over its internal water?
Full jurisdiction
What is the territorial sea?
The band or belt of water immediately adjacent to internal waters
How much territorial sea can be claimed?
12 nautical miles according to LOSC
What does customary international law say about the territorial sea?
That it forms part of a state’s territory and its subject to its sovereignty but there are limitations
What is innocent passage?
Vessels of every state have the right to innocent passage through a territorial sea of another state
What makes passage innocent?
If it is not prejudicial to the peace, good order or security of the coastal state
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?
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
How many categories of International straits are there? And what are the categories?
Dividing into two categories by part 3 of the LOSC
Those to which part 3 applies
Those to which part 3 does not apply
What does part 3 of the LOSC apply to?
Straits used for international navigation between the high seas or the EEZ which are entirely within the territorial waters of States bordering them
What does article 44 of the LOSC state?
bordering states have a duty not to hamper/suspend transit passage
What does the law of international straits state about ships and aircraft’s
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
What does article 44 LOSC state?
Bordering states have a duty not to hamper/suspend transit passage
What is an archipelogic state? And give the statute
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
What does the law state about archipelogic waters? -Give the respective article
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
What is the contiguous zone?
A zone adjacent to the territorial sea over which a coastal state may exercise limited jurisdiction
What is the exclusive economic zone?
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
How for do the EEZ stretch?
20ONM from the baseline
A coastal state may exercise sovereign rights over the resources contained in the EEZ including what?
Seabed and subsoil and the airspace above the purpose of exploration, exploitation, conservation and management
Who exercises legislative and enforcement jurisdiction over foreign ships in the EEZ?
A coastal state if the issue relates to conservation, pollution and the exploitation und use of EEZ resources
How can other states use an EEZ of a coastal states?
Navigation & overflight
Laying of submarine cables and pipelines and other internationally lawful uses related to these freedoms
What is the continental shelf?
The seabed and subsoil of the submarine areas adjacent to but outside the territorial sea of a coastal state
What are the rights of coastal states in the continental shelf?
explore and exploit the natural resources + mineral and non-living resources
Other states cannot do this without consent
What is the distance of continental shelf from the baseline?
200 - 350 nautical miles
What is considered high seas?
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
Who owns the high seas?
Nobody, The high seas are open to all states and no state may validly subject any part of the high seas to its sovereignty
For vessels on the high seas, whose authority are they subject to?
The state whose flag they fly
What are exceptions in the high seas under customary international law
- Hot pursuit
- The right to approach and visit
- Exceptions under treaties
- UNSC authorization
Can warships approach other vessels
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
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
- 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
- Once their conduct regulated falls within the territory of the state, it has jurisdiction
- 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
What does freedom of high seas mean?
No state can subject any part of the high seas to its sovereignty or prevent its access, use or exploitation by another state
What are the high seas recognized as?
Res communis: common to all mankind
res nullis: incapable of ownership and more recently as the common heritage of mankind
According to article 87 of the LOSC, what are some activities that are enjoyed by all states on the high seas
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
What does the LOSC require between the ship and the state it flies? And is this requirement always met?
A genuine link between the ship and whose flag it flies
No always observed and some ships fly “flags of convenience”
What happens if a ship flies the flag of more than one state?
It is treated as stateless
Who can exercise jurisdiction over a stateless vessel or one treated as such?
Any state
What statute allows for the right of hot pursuit?
Article 111
What are the two tiers in the LOSC for settlement of disputes?
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
What are the procedures of Section 2 of Part XV of LOSC?
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
What does article 111 (1) say?
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 
What does article 111 (2) say?
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
What does article 111 (3) say?
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 
What does article 111 (4) say?
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 
What does article 111 (5) say?
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 
What does article 111 (6) say?
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 
What does article 111 (7) say?
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
What does article 111 (8) say?
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 
