International Law of the SeaPresentation Transcript
CHAPTER 2INTERNATIONAL LAW OF THE SEA
Father of International Law responsible for the concept of ―freedom of the seas‖Hugo Grotius
―No part ofthe sea maybe regardedas pertainingto the domainof any givennation.‖
Western civilization becameincreasingly dependent uponthe use of the sea for:• Trade• Transportation• Communication
A 3-mile territorial sea zone wasclaimed in the seventeenth century.
A 12-mile fishing zone claimed byImperial Russia in the early 1900s.
After the Law of the Sea Conference in1978, most maritime nations adopted a12-mile territorial sea zone.
The United States predicated final acceptance of this 12 milelimit only if the law allowed for unimpeded passage through,over, and under international straits overlapped by the12 mile limit.
TERRITORIAL SEA BASELINE CONTINENTAL SHELF Common Heritage THE Sovereign rights for exploring and exploiting non-living of man- AREA Resources of sea-bed and subsoil, plus sedentary species kind EXCLUSIVE ECONOMIC & SELF DEFENSE ZONE Sovereign rights for exploring, exploiting, HIGH SEAS and managing living and non-living Resources of the water, sea-bed, and subsoil. 200 Contiguous NM Zone 24 Territorial NM Sea 12 Sea Level NM SHELF UPPER PLATEAU SLOPE OR TERRACE LOWER DEEP SLOPE RISE OCEAN
The basic principles of the internationallaw of the sea that have evolved overthe centuries are:• High seas• Territorial sea• Special contiguous zones
High SeasThe concept of freedom of the highseas contends that no nation mayrestrict any areas or resources to itsexclusive use or sovereignty.
High SeasAll parts of the sea that are notincluded in the territorial sea orin the internal waters of a state
Territorial SeaThe concept of the territorial seacontends that coastal states havenear-absolute sovereignty over anarrow band of waters adjacent totheir coasts.
Special Contiguous ZonesThe concept of special contiguouszones contends that special limitedjurisdiction prevails, such as in thestraits and channels, and whereneither the rules of the high seasnor territorial seas pertain.
UN Law of the Sea Conferences havemet a number of times since 1973.
United NationsGeneral Assembly
The stated purpose of the Law of theSea Conferences has been ―to developrules for peaceful use of the seabedbeyond the continental shelf to theentire spectrum of ocean uses.‖
The UNrecognizedwidedisagreementbetweendevelopednations andunderdevelopednations.
Underdeveloped StatesIndustrialized States
The basic issues at the conferencewere:• The breadth of the territorial sea• Passage through straits• Fisheries• The seabed• Marine pollution• Scientific research
Over the years some conventions havebeen agreed upon, but no globalagreement covering the many itemson the agenda has yet been reached.
Four possibleadverse impacts ofinternational legal ruleson the Navy’s missioninclude:1. Limited mobility2. Vulnerability to surveillance3. Vulnerability to interdiction4. Limitations on oceanographic and intelligence-gathering activities
Limited Mobility—Restrictions onpassage increase reaction time to troubled areas.
Vulnerability to Surveillance—Requiringwarships to use designated sea lanesincreases surveillance.
Vulnerability to Interdiction—If thenarrow sea-lanes were in a strait,mining of that area or attack by enemynaval and air forces would be muchsimpler than if a broad sea area wereinvolved.
Legal developments might imposelimitations on oceanographic andintelligence activities within the200-mile zones.
The maximum size of the territorialsea is 12 nautical miles.
Innocent PassageThe right of vessels of one nation tonavigate peacefully through theterritorial waters of another nation
Oil TankerPassage through a territorial sea mustbe continuous and expeditious.
Stopping and anchoring is allowed onlyto provide assistance to persons, ships,or aircraft in danger or distress.
A littoral (coastal) state must nothinder innocent passage.
A foreign ship inpassage throughterritorial seas mustcomply with andobserve rulesconcerning:
• The safety of traffic and protection of channels and buoys• Pollution of the waters• Conservation of the living resources of the sea
• The rights of fishing and hunting• Hydrographic surveys• Display of the ship’s colors and salutes as defined by coastal state
Submarines and other underwatervehicles must navigate on the surfaceunless the coastal nation waives therequirement.
Straits and ArchipelagoesThe 1994 Law of the Sea Conventionguarantees passage for all ships andaircraft through, under, and over straitsand archipelagoes for internationalnavigation.
Thailand Laos Philippines Vietnam Philippine Sea South China Sea Malaysia Pacific Indonesia OceanIndian JavaOcean Australia
If restrictions on passage throughstraits were imposed, access to andfrom the• Baltic• Mediterranean• Persian Gulf and Red Seacould be severely restricted.
Danish SkagerakStraits Kattegat
Strait of GibraltarGibraltar
Persian Gulf and the Red Sea
Entry to semi-enclosed sea areassuch as the:• Caribbean• Sea of Japancould also be affected adversely.
Sea of Japan NorthEastChina Pacific Ocean Sea
Thailand Laos Philippines Vietnam Philippine Sea South China Sea Malaysia Pacific Indonesia OceanIndian JavaOcean Australia
Anchorage CANADANorth Seattle New YorkPacificOcean Los Angeles WASHINGTON, D.C. Houston MiamiHawaiian MEXICOIslandsThe U.S. backs the right of―archipelagic sea lanes passage,‖either on routes designated by thenation or on the routes normally usedfor safe international navigation.
Archipelagic NationThe Philippines is an archipelagicnation made up of 7,107 islandsspanning 1,145 miles north tosouth.
PHILIPPINES Archipelagic Nation
Much controversy exists over where internal waters of bays and gulfs endAtlantic and whereOcean territorial seas begin.
Gulf of MexicoA gulf is larger than a bay and extendsdeeper into the land.
If the entrance to a bay or gulfMediterranean Sea is 24 miles or Gulf of less in width, Sidra it is considered internal waters and not territorial sea.
The UN has three basic elements fordetermining whether bays and gulfsare considered internal waters:1. An effective claim to sovereignty by a national government2. A continuous exercise of the authority claimed3. Acquiescence by other nations
Mediterranean Sea Libya was Gulf of Sidra unsuccessful when it tried to claim the Gulf of Sidra as internal waters.
Beaufort Sea Hudson Bay Canada North Atlantic Ocean United StatesCanada has long claimed Hudson Bay,with an entrance 50 miles wide, butmany countries, including the U.S. do notrecognize this claim.
Bay of FundyThe British claimed this bay with a65–mile entrance, as Canadian watersin 1852, but an international commissiondeclared the claim to be invalid.
Hudson Gulf of Bay SidraAsia North Europe Persian America Gulf of Gulf Mexico AfricaSan Francisoco Indian Bay South Ocean Pacific America Atlantic Australia Ocean Ocean Cape of Good Hope Some Third World states proposed to declare an entire ocean, like the Indian, as a ―zone of peace and security‖ from which all warships would be barred.
Such curtailments would severelylimit the Navy’s capability to carryout strategic deterrence, projection ofpower, and naval presence missions.
Rivers that lie entirely within onecountry are considered internal waters.
National rivers - internal waters
Internal WatersWaters that lie entirely within oneCountry
International rivers — international waters
If an international river is notnavigable—the territorial boundarylies in the geographic center of the river.
If an international river is navigable—thecenter of the deepest channel is used tomark the boundary and is called thethalweg line.
International rivers are open tonavigation by all ships.
Lake Manitoba CanadaLakes entirely within the boundaries ofone country are the exclusive propertyof that country.
Canada United StatesThe Great Lakes are subject to agreementsbetween the United States and Canada.
Panama Canal Passage through man-made canals is controlled by agreement of the countries concerned.
In peacetime canals are open to theuse of all nations’ ships, subject to a toll for the transit service.
What percent of the world’s surface isconsidered high seas, free for theentire world to use in its commerce?
71 percentWhat percent of the world’s surface isconsidered high seas, free for theentire world to use in its commerce?
Convention on Law of the Sea, 1994
Law of the Sea Legal Regions
Economic ZoneThe region extending beyond the 12-mileterritorial sea to about 200 miles out
Nations now claim exclusivejurisdiction over living and nonlivingresources within 200 miles of theircoasts.
FactoryShip Lobster Boats Protection of Fishing Rights (most legal disputes since W.W. II)
Continental ShelfThe part of a continent that issubmerged in relatively shallow sea
Nations want to assert their rights forexploration and exploitation of oil andminerals in the seabed.
Continental Shelf as defined by Geneva Convention in 1964The seabed and subsoil of thesubmarine areas adjacent to thecoast, but beyond the territorialsea, to a depth of 200 meters(656 feet), or beyond to where thedepth of the superjacent watersallows exploitation of the naturalresources
In excess of 100 billion barrels of oillie under the U.S. continental shelf.
The U.S. continental shelf, whichextends 120 miles out, contains vastquantities of ores.
Countries with continental shelves arein various stages of exploration andexploitation.
Continental Shelf Convention specifiesthat a safety zone must be establishedaround oil rigs up to a distance of 500meters, for protection.
The U.S. has proposed that the deepseabeds not be subject to any kind ofclaim by any state, but governed byinternational law.
The law of the sea is today in a stateof flux and development.
The U.S. must take the lead in defendingexisting international legal rights andargue against any attempts to imposerestrictions or bans in the following areas:
The oceans must become a commonarea of understanding rather than anarea of discord, if few are to advanceour level of civilization.
Q.1. How has international law of the sea evolved over the centuries?
Q.1. How has international law of the sea evolved over the centuries?A.1. From both custom and treaty
Q.2. Who was Hugo Grotius?
Q.2. Who was Hugo Grotius?A.2. A 16th century Dutch publicist, regarded as the Father of International Law
Q.3. Why was the territorial sea historically placed at 3 miles?
Q.3. Why was the territorial sea historically placed at 3 miles?A.3. This was the approximate range of a cannon shot from a shore battery in the 17th century.
Q.4. What country was the first to claim a 12-mile exclusive fishing zone?
Q.4. What country was the first to claim a 12-mile exclusive fishing zone?A.4. Imperial Russia
Q.5. What conditions are part of the United States acceptance of the 12-mile limit?
Q.5. What conditions are part of the United States acceptance of the 12-mile limit?A.5. Acceptable law of the sea convention that provides for unimpeded passage through, over, and under international straits overlapped by the 12-mile limit
Q.6. What are the main precepts of the international law of the sea that have evolved over the centuries?
Q.6. What are the main precepts of the international law of the sea that have evolved over the centuries?A.6. a. Freedom of the high seas b. Territorial sea c. Special contiguous zones
Q.7. What is the main basis regarding the Law of the Sea that was stated by Hugo Grotius?
Q.7. What is the main basis regarding the Law of the Sea that was stated by Hugo Grotius?A.7. Freedom of the seas
Q.8. What are the four negative impacts that international legal rules and developments may have on Navy missions?
Q.8. What are the four negative impacts that international legal rules and developments may have on Navy missions?A.8. a. Limit the mobility of forces b. Increase the vulnerability of ships to surveillance c. Increase the vulnerability of ships to interdiction
Q.8. What are the four negative impacts that international legal rules and developments may have on Navy missions?A.8. d. Impose limitations on oceanographic and intelligence gathering activities
Q.9. What is ―innocent passage?‖
Q.9. What is ―innocent passage?‖A.9. The right of vessels of one nation to navigate peacefully through the territorial waters of another nation
Q.10. What are some of the rules that a foreign vessel must observe when passing through the territorial waters of a coastal state?
Q.10. What are some of the rules that a foreign vessel must observe when passing through the territorial waters of a coastal state?A.10. Rules concerning: a. Safety of traffic and protection of channels and channel buoys b. Pollution of the waters
A.10. Rules concerning: c. Conservation of the living resources of the sea d. Rights of fishing and hunting e. Hydrographic surveys f. Display of the ship’s national colors and salutes as prescribed by the coastal state
Q.11. What are the rules regarding submarine passage through territorial waters?
Q.11. What are the rules regarding submarine passage through territorial waters?A.11. The submarine must transit a territorial sea while surfaced.
Q.12. What are the rules regarding aircraft overflight of territorial water?
Q.12. What are the rules regarding aircraft overflight of territorial water?A.12. Permission must be requested and granted prior to flight.
Q.13. What is the difference between a gulf and a bay?
Q.13. What is the difference between a gulf and a bay?A.13. A gulf is larger than a bay and extends deeper into the land.
Q.14. What is the established convention on the width of the entrance of a bay for it to be considered internal?
Q.14. What is the established convention on the width of the entrance of a bay for it to be considered internal?A.14. The entrance should be 24 miles or less.
Q.15. What are the three basic elements required to exist by the United Nations before a nation can claim a gulf or bay as internal waters?
Q.15. What are the three basic elements required to exist by the United Nations before a nation can claim a gulf or bay as internal waters?A.15. a. An effective claim to sovereignty by a national government b. A continuous exercise of the authority claimed
Q.15. What are the three basic elements required to exist by the United Nations before a nation can claim a gulf or bay as internal waters?A.15. c. Acquiescence by other nations
Q.16. What ocean is involved in the proposal to make it a ―zone of peace and security‖ from which all warships would be barred?
Q.16. What ocean is involved in the proposal to make it a ―zone of peace and security‖ from which all warships would be barred?A.16. The Indian Ocean
Q.17. What is a national river?
Q.17. What is a national river?A.17. Rivers that lie entirely within one country and are considered internal waters
Q.18. Name some of the national rivers.
Q.18. Name some of the national rivers.A.18. Potomac, Mississippi, Thames, Rhone
Q.19. What constitutes an international river?
Q.19. What constitutes an international river?A.19. A river that forms a boundary between two or more countries or that passes through the territory of one state and serves as a line of communication for an interior state.
Q.20. What are the rules regarding transit on international rivers?
Q.20. What are the rules regarding transit on international rivers?A.20. They are open to navigation by all ships just as on the high seas.
Q.21. What country has a treaty with the United States to set the boundaries in the Great Lakes?
Q.21. What country has a treaty with the United States to set the boundaries in the Great Lakes?A.21. Canada
Q.22. How is passage controlled through man made canals?
Q.22. How is passage controlled through man made canals?A.22. By agreement of the countries most concerned
Q.23. What is the definition of ―high seas?‖
Q.23. What is the definition of ―high seas?‖A.23. All parts of the sea that are not included in the territorial sea or in the internal waters of a state
Q.24. What percentage of the world’s surface is classified as the ―high seas?‖
Q.24. What percentage of the world’s surface is classified as the ―high seas?‖A.24. Over 70 percent
Q.25. What does the freedom of the high seas include?
Q.25. What does the freedom of the high seas include?A.25. Freedom to: a. Conduct maritime commerce b. Navigate c. Fish d. Lay submarine cables and pipelines e. Fly over f. Undertake scientific research
Q.26. What is the limit presently claimed by countries for living and nonliving resources in the seas?
Q.26. What is the limit presently claimed by countries for living and nonliving resources in the seas?A.26. 200 miles
Q.27. What is the area called that extends beyond the 12-mile territorial sea to about 200 miles?
Q.27. What is the area called that extends beyond the 12-mile territorial sea to about 200 miles?A.27. Economic zone
Q.28. What does the question of ―residuum of authority‖ mean?
Q.28. What does the question of ―residuum of authority‖ mean?A.28. With whom does the jurisdiction in the 12- to 200- mile economic zone rest - in the coastal state, or the international community as a whole?
Q.29. What is the definition of ―continental shelf?‖
Q.29. What is the definition of ―continental shelf?‖A.29. The seabed and subsoil of the submarine areas adjacent to the coast, but beyond the territorial sea, to a depth of 200 meters (656 feet) or beyond to where the depth of the superjacent waters allows exploitation of the natural resources
Q.30. What is the size of the safety zone established around structures in the sea, such as oil rigs?
Q.30. What is the size of the safety zone established around structures in the sea, such as oil rigs?A.30. 500 meters
Littoral (coastal) StateA nation having at least one shorelinebordering on international waters
AcquiescenceAgreement or consent by silence orwithout objection
ThalwegThe geographic center of the deepestchannel and forms the territorialboundary between nations
Exploitation RightsThe right to explore seabeds and useor their natural resources for profit
Freedom of thehigh seas includesfreedom to: • Conduct maritime commerce
• Lay submarine cables and pipelines
• Fly over
Ronald H. Brown (R104)• Undertake scientific research
The world community of states hasseen fit to establish a body of maritimelaw to ensure that freedom of the seaswill apply equally to all.
Every state has the rightto grant its nationality toships and has the rightto sail them under its flagon the high seas.
Current problem areas concerningthe law of the sea include:• Economic zones• Self-defense rules• Exploitation of continental shelf and seabeds• Fisheries
Underdeveloped coastal countriesview the 200-nautical-mile exclusiveeconomic zone as an answer to theireconomic problems.
Residuum of Authority asks this question:With whom does the jurisdiction in the12-to-200-mile economic zone rest—inthe coastal state, or the internationalcommunity as a whole?
Beside navigational constraints onnaval and merchant shipping, strictcontrol of the economic zone couldhinder naval scientific andoceanographic research.
In a legal sense, the territorial sea isnot a part of the high seas.
A coastal state exercises exclusivejurisdiction—sovereignty—over itsterritorial seas.
A sovereign state under the law cansafeguard its existence both in itsterritorial seas and on the high seas.
Freedom to fish on the high seas has beena part of customary international law.
Long-range fishing fleets with factoryships serving as mother ships havedepleted fish stocks of the world oceans.
Conservation has become afundamental concern for allnations of the world.
Fishing is a valuable economic resourceand countries, both developed anddeveloping, are demanding a share ofthe world’s fisheries.
Fair and intelligent agreements arenecessary to satisfy the coastal statesand the distant-water fishing nations.
SuperjacentLying above or upon something else
The territorial sea is an important areato us because of our capacity to:• Exploit the seabeds• Engage in advanced scientific research• Fish• Conduct ocean commerce• Regulate pollution• Conserve natural resources• Conduct peaceful naval operations
• Navigation through or overflight of an economic zone
• Innocent passage of warships through territorial waters, or advance notice for same
• Submerged transit or overflight of straits
• Entrance of naval vessels into semi-enclosed areas
The law of the sea now recognizes thata coastal state exercises sovereignrights over its continental shelf forexploring and exploiting its naturalresources.
Ocean SurfaceContinental Shelf Continental Slope Abyssal Plain Sediment BaseContinental Rise Ocean FloorThe right of exploration is limited, howeverin that there can be no unjustifiableinterference with the freedom of navigation,fishing, or scientific research.