The Law of the Sea, p.179ff The Law of the Sea, p.179ff

follow along with 1982 UNCLOS (United Nations follow along with 1982 UNCLOS (United Nations Convention on the Law of the Sea) (entered into force Convention on the Law of the Sea) (entered into force 1994). Note: The Deep Sea Bed regime (arts. 133-199) 1994). Note: The Deep Sea Bed regime (arts. 133-199) has been modified by the 1994 Agreement Relating to the has been modified by the 1994 Agreement Relating to the Implementation of Part XI. Useful site: Implementation of Part XI. Useful site: www.itlos.org/ home of The International Tribunal for the Law of the Sea. home of The International Tribunal for the Law of the Sea.

The US Senate has voted the treaty out of committee but The US Senate has voted the treaty out of committee but has still not voted on its advice and consent to ratification has still not voted on its advice and consent to ratification although all departments of government have supported although all departments of government have supported the treaty. Nonetheless, the US abides by much of the the treaty. Nonetheless, the US abides by much of the treaty.treaty.

Law of the Sea Law of the Sea The Law Prior to the United Nations The Law Prior to the United Nations

Convention on the Law of the Sea (UNCLOS)Convention on the Law of the Sea (UNCLOS)

Prior to UNCLOS, the sea was divided into: Prior to UNCLOS, the sea was divided into: 1) Internal waters: Lakes, rivers, bays (no 1) Internal waters: Lakes, rivers, bays (no

agreement on definition of a bay): internal waters agreement on definition of a bay): internal waters were entirely subject to the state’s jurisdiction.were entirely subject to the state’s jurisdiction.

Law of the Sea Law of the Sea The Law Prior to the United Nations The Law Prior to the United Nations

Convention on the Law of the Sea (UNCLOS) Convention on the Law of the Sea (UNCLOS) continuedcontinued

22) Territorial waters: A strip of water lying directly off the ) Territorial waters: A strip of water lying directly off the coast of a state. In this water, the coastal state could coast of a state. In this water, the coastal state could declare an exclusive fishing (or other economic interests) declare an exclusive fishing (or other economic interests) zone. (No agreement on the breadth of the territorial sea. zone. (No agreement on the breadth of the territorial sea. Western states argued for 3 nautical miles. All miles are Western states argued for 3 nautical miles. All miles are nautical miles in the law of the sea. A nautical mile is nautical miles in the law of the sea. A nautical mile is 6076.1155 feet as opposed to 5280 feet in a regular mile. 6076.1155 feet as opposed to 5280 feet in a regular mile. Scandinavian states claimed four nautical miles and some Scandinavian states claimed four nautical miles and some Latin American states claimed 200 nautical miles). Most Latin American states claimed 200 nautical miles). Most states agreed that foreign ships had a right of innocent states agreed that foreign ships had a right of innocent passage through the territorial sea. Some states argued passage through the territorial sea. Some states argued that military vessels had to receive permission to enter the that military vessels had to receive permission to enter the territorial sea and had no right of innocent passage.territorial sea and had no right of innocent passage.

Law of the Sea Law of the Sea The Law Prior to the United Nations The Law Prior to the United Nations

Convention on the Law of the Sea (UNCLOS) Convention on the Law of the Sea (UNCLOS) continuedcontinued

3) The high seas: All the sea beyond the territorial sea. 3) The high seas: All the sea beyond the territorial sea. Ships on the high seas were generally only subject to the Ships on the high seas were generally only subject to the jurisdiction of the flag state but see, jurisdiction of the flag state but see, The Lotus CaseThe Lotus Case (France v. Turkey), 1927 P.C.I.J. (ser. A) No.10, cf. (France v. Turkey), 1927 P.C.I.J. (ser. A) No.10, cf. UNCLOS art. 97. The high seas were open to all states, UNCLOS art. 97. The high seas were open to all states, “Mare Liberum,” and could not be claimed by them in the “Mare Liberum,” and could not be claimed by them in the way that territory could be.way that territory could be.

Regimes of the Sea after UNCLOSRegimes of the Sea after UNCLOS

11) Internal waters, including bays that meet the UNCLOS ) Internal waters, including bays that meet the UNCLOS definition.definition. 2) Territorial Sea.2) Territorial Sea. 3) The Contiguous Zone.3) The Contiguous Zone. 4) The Exclusive Economic Zone.4) The Exclusive Economic Zone. 5) The Continental Shelf.5) The Continental Shelf. 6) The High Seas.6) The High Seas. 7) The Deep Sea Bed (under UNCLOS as altered by the7) The Deep Sea Bed (under UNCLOS as altered by the 1994 Agreement). 1994 Agreement).

Internal WatersInternal Waters

Name some bodies of water that are classified as Name some bodies of water that are classified as internal waters. (UNCLOS art. 8).internal waters. (UNCLOS art. 8).

What power does the State surrounding the What power does the State surrounding the internal waters have over those waters? (UNCLOS internal waters have over those waters? (UNCLOS art. 2).art. 2).

Some bays are also classified as internal waters. Some bays are also classified as internal waters. Which ones? (UNCLOS art. 10). Where is the Which ones? (UNCLOS art. 10). Where is the baseline for measuring a bay? (UNCLOS art. 10).baseline for measuring a bay? (UNCLOS art. 10).

What is an historic bay? (UNCLOS art. 10(6)).What is an historic bay? (UNCLOS art. 10(6)).

The Territorial SeaThe Territorial Sea

What is the territorial sea? (UNCLOS art. 2).What is the territorial sea? (UNCLOS art. 2). How broad is the territorial sea? (UNCLOS How broad is the territorial sea? (UNCLOS

art. 3).art. 3). From which point is the base line for the From which point is the base line for the

territorial sea measured? (UNCLOS art. 5, territorial sea measured? (UNCLOS art. 5, 6, 7,9).6, 7,9).

What rights does the coastal state have What rights does the coastal state have over the airspace over the territorial sea? over the airspace over the territorial sea? (UNCLOS art. 2(2)).(UNCLOS art. 2(2)).

Rights for Foreign Ships in the Rights for Foreign Ships in the Territorial SeaTerritorial Sea

What rights do foreign ships have in the territorial What rights do foreign ships have in the territorial sea of another state? (UNCLOS arts. 17, 18, 19, sea of another state? (UNCLOS arts. 17, 18, 19, 20, 21, 22, 23, 24-32). 20, 21, 22, 23, 24-32).

Do aircraft also have these rights over the Do aircraft also have these rights over the territorial sea? territorial sea?

What is innocent passage? (UNCLOS art. 19) What is innocent passage? (UNCLOS art. 19) What can the coastal state do if it believes that a What can the coastal state do if it believes that a

foreign state is not engaged in innocent passage foreign state is not engaged in innocent passage through its territorial sea?(UNCLOS arts. 25(1), through its territorial sea?(UNCLOS arts. 25(1), 30, 31).30, 31).

U.S. v. Conroy/U.S. v. WalkerU.S. v. Conroy/U.S. v. Walker U.S. Ct of Appeals 1979 U.S. Ct of Appeals 1979

What happened in this case?What happened in this case? On what basis did the defendants claim that the seizure in On what basis did the defendants claim that the seizure in

Haitian territorial waters was illegal?Haitian territorial waters was illegal? Do you agree with the court`s interpretation of 14 USC Do you agree with the court`s interpretation of 14 USC

section 89 (bottom of pps. 188-189) and the court`s view of section 89 (bottom of pps. 188-189) and the court`s view of the scope of the US Coast Guard`s powers?the scope of the US Coast Guard`s powers?

On what basis did the court rule that the Coast Guard had On what basis did the court rule that the Coast Guard had the right to enter Haitian territorial waters even without the right to enter Haitian territorial waters even without specific permission?specific permission?

Does the right of innocent passage include the right to arrest Does the right of innocent passage include the right to arrest vessels in the territorial sea of other states? If such an arrest vessels in the territorial sea of other states? If such an arrest is a violation of the coastal state’s rights, which entity (or is a violation of the coastal state’s rights, which entity (or entities) may complain about the violation?entities) may complain about the violation?

ArchipelagosArchipelagos

How are the baselines drawn around mid-How are the baselines drawn around mid-ocean archipelagos?ocean archipelagos?

Do foreign ships have a right of passage Do foreign ships have a right of passage through the archipelagic waters inside the through the archipelagic waters inside the baselines? Is this the same as the right of baselines? Is this the same as the right of innocent passage through territorial seas?innocent passage through territorial seas?

Do aircraft have a right to fly over Do aircraft have a right to fly over archipelagic waters without first securing archipelagic waters without first securing permission?permission?

International StraitsInternational Straits

Why did the UNCLOS expansion of the Why did the UNCLOS expansion of the breadth of the territorial sea to a maximum breadth of the territorial sea to a maximum of 12 nautical miles create a problem for of 12 nautical miles create a problem for passage of ships and aircraft through passage of ships and aircraft through straits? straits?

Corfu Channel Case Corfu Channel Case (U.K. v. Albania) 1949 I.C.J. 4 (U.K. v. Albania) 1949 I.C.J. 4

Customary Definition of an International Strait: Map of Corfu Customary Definition of an International Strait: Map of Corfu

(Kerkyra): (Kerkyra): http://apartments-alexandros.travel-greece.org/images/corfu_map.png

Britain claimed that Albania had fired at two of her military Britain claimed that Albania had fired at two of her military cruisers while they were passing near the Albanian coast in cruisers while they were passing near the Albanian coast in May 1946. The Albanians claimed that the area was territorial May 1946. The Albanians claimed that the area was territorial sea and that foreign military ships had no right to pass without sea and that foreign military ships had no right to pass without prior permission. The UK argued that the water was an prior permission. The UK argued that the water was an international strait and, if so, all ships, whether military or international strait and, if so, all ships, whether military or mercantile, had the right of innocent passage. mercantile, had the right of innocent passage.

How did Albania argue that the Corfu Channel should not be How did Albania argue that the Corfu Channel should not be classified as an international strait? How did the Court define classified as an international strait? How did the Court define an international strait? What rights do foreign ships have in an international strait? What rights do foreign ships have in international straits? What do you think the Court meant by international straits? What do you think the Court meant by “innocent passage.”? “innocent passage.”?

UNCLOS Definition of a StraitUNCLOS Definition of a Strait

Study the following articles of UNCLOS: Study the following articles of UNCLOS: arts. 36-44 (transit passage and definition of arts. 36-44 (transit passage and definition of certain types of straits); 19 (innocent certain types of straits); 19 (innocent passage); 45(1)b() and 45(2) (innocent passage); 45(1)b() and 45(2) (innocent passage through certain straits); 38 (island passage through certain straits); 38 (island straits). straits).

How is the right of transit passage different How is the right of transit passage different from the right of innocent passage?from the right of innocent passage?

Question p. 195Question p. 195 Map of the Straits of Tiran: Map of the Straits of Tiran:

www.worldatlas.com/aatlas/infopage/gulfofaqaba.htm

Study the map of the Straits of Tiran p. 196. The Straits of Tiran run Study the map of the Straits of Tiran p. 196. The Straits of Tiran run from the Red Sea into the Gulf of Aqaba. The maximum width of from the Red Sea into the Gulf of Aqaba. The maximum width of the Gulf is 17 nautical miles. The only navigable channel through the Gulf is 17 nautical miles. The only navigable channel through the Straits is 3 miles wide. Assume that all States bordering the the Straits is 3 miles wide. Assume that all States bordering the Gulf claim the maximum territorial sea possible under UNCLOS. Gulf claim the maximum territorial sea possible under UNCLOS.

1)What right does a foreign ship have to pass through the Straits of 1)What right does a foreign ship have to pass through the Straits of Tiran?Tiran?

2) What right does foreign aircraft have to fly over the Straits of 2) What right does foreign aircraft have to fly over the Straits of Tiran? Tiran?

3) What right does the coastal state have to suspend rights of 3) What right does the coastal state have to suspend rights of passage through the Straits and when?passage through the Straits and when?

The Contiguous ZoneThe Contiguous Zone

This zone started out as a type of a security This zone started out as a type of a security zone but there was no agreement on its zone but there was no agreement on its breadth or the limitations on the power of breadth or the limitations on the power of the coastal state in the zone. Now read art. the coastal state in the zone. Now read art. 33. Just what powers does the coastal state 33. Just what powers does the coastal state have in the contiguous zone?have in the contiguous zone?

The Exclusive Economic Zone (EEZ)The Exclusive Economic Zone (EEZ)

Read UNCLOS art. 55. Read UNCLOS art. 55. What rights does the coastal state have in What rights does the coastal state have in

the EEZ? See arts. 56, 61, 62, 69, 70 73 & the EEZ? See arts. 56, 61, 62, 69, 70 73 & 74.74.

What rights do foreign states have in the What rights do foreign states have in the EEZ? See arts. 58EEZ? See arts. 58

The Continental Shelf (CS)The Continental Shelf (CS)

Read art. 76, 82, 7, 77, 81. Read art. 76, 82, 7, 77, 81. What are the rights of coastal states in the What are the rights of coastal states in the

CS?CS? What are the rights of foreign states in What are the rights of foreign states in

waters above the CS? See art. 78, 79.waters above the CS? See art. 78, 79. For delimitation of the CS when claimed by For delimitation of the CS when claimed by

more than one state: see art. 83, 287, 284, more than one state: see art. 83, 287, 284, 76 and Annex II.76 and Annex II.