This document discusses the concept of transit passage under international law. It begins by defining transit passage as allowing vessels and aircraft freedom of navigation or overflight solely for continuous and expeditious transit between the high seas or exclusive economic zones. It notes potential conflicts that can arise between transit passage and innocent passage rights when a coastal state views a vessel's transit as a security threat. The document then discusses the nature, scope, and rights associated with transit passage, including that all ships and aircraft enjoy unimpeded transit in international straits. It also discusses related concepts like duties during transit passage, research restrictions, traffic schemes, laws/regulations of bordering states, and navigational aids. It concludes by noting debate around whether transit passage
The document discusses key concepts and terms in international law of the sea, including:
1) Territorial seas generally extend 12 miles from a country's coastline, with some countries claiming more extensive economic zones.
2) Beyond territorial seas are the high seas, which are open for use by all countries under the principle of freedom of the seas.
3) International law aims to balance countries' sovereignty over coastal waters with the rights of foreign vessels to pass through territorial seas and conduct activities in exclusive economic zones.
This document discusses illegal, unreported, and unregulated (IUU) fishing as a driving force behind piracy and armed robbery off the coast of Somalia. It provides background on Somali piracy, defining piracy and armed robbery under international law. IUU fishing depleted Somalia's fish stocks and contributed to the country's economic collapse after 1991. With no functioning government or navy, piracy arose and became a lucrative business, peaking in 2010-2011 with over 400 attacks annually. Increased naval patrols and armed guards on ships have helped reduce Somali piracy in recent years.
The maritime belt refers to the part of the sea under the jurisdiction of coastal states. It extends up to 12 nautical miles from shore, within which the coastal state can exercise sovereignty. Historically, the width of the maritime belt varied depending on the range of cannons, but international agreements in the 20th century standardized it at 12 miles. Within this zone, coastal nations have control over resources and activities as recognized under the United Nations Convention on the Law of the Sea.
This document discusses key concepts in the law of the sea based on international conventions and the United Nations Convention on the Law of the Sea (UNCLOS). It describes the different jurisdictional zones that countries can claim, including internal waters, territorial seas, exclusive economic zones, and the high seas. It also discusses rules around constructing baselines, navigational rights, archipelagos, straits transit passage, and defining bays. The document serves as a study guide for a law student, outlining key concepts and terminology related to the law of the sea.
The document discusses the territorial sea (TS) and its history. It defines TS as extending up to 12 nautical miles from a coastal state's baseline under UNCLOS. Conflicts can arise when states claim bodies of water as internal waters beyond the 12 nm limit. The document specifically examines conflicts in the Gulf of Sidra, where Libya claims the entire gulf but the US recognizes only Libya's 12 nm TS, leading to military incidents in 1981 and 1989 to assert freedom of navigation rights.
Admiralty & Maritime Law Pittsburgh - Moschetta Law Firmmoschettalaw
This document summarizes a presentation on admiralty and maritime law given by Stephen P. Moschetta. It discusses key topics in admiralty law including what constitutes admiralty jurisdiction, the origins and development of US admiralty law, types of maritime torts such as personal injury and property damage, laws governing maritime workers like the Jones Act and Longshore Act, and limitations on liability. It provides an overview of the core concepts and issues within the field of admiralty and maritime law.
The document summarizes key aspects of international law of the sea. It discusses the territorial sea, which extends up to 12 nautical miles from shore, where coastal states have sovereignty. It also discusses the contiguous zone, which extends up to 24 nautical miles from shore, where states can enforce customs and immigration laws. The continental shelf extends the state's seabed rights out to 200 nautical miles or further if the geological shelf extends further. The high seas beyond these zones are international waters open to all states.
The document discusses international conventions and agreements related to civil aviation and air law. It outlines different theories of airspace sovereignty and rights of overflight. The Chicago Convention on International Civil Aviation established rules for airspace, aircraft registration and safety. It defines rights for signatories related to international air travel and exempts commercial jet fuel from taxes. The convention established the International Civil Aviation Organization (ICAO) which became a UN specialized agency responsible for international aviation standards.
The document discusses key concepts and terms in international law of the sea, including:
1) Territorial seas generally extend 12 miles from a country's coastline, with some countries claiming more extensive economic zones.
2) Beyond territorial seas are the high seas, which are open for use by all countries under the principle of freedom of the seas.
3) International law aims to balance countries' sovereignty over coastal waters with the rights of foreign vessels to pass through territorial seas and conduct activities in exclusive economic zones.
This document discusses illegal, unreported, and unregulated (IUU) fishing as a driving force behind piracy and armed robbery off the coast of Somalia. It provides background on Somali piracy, defining piracy and armed robbery under international law. IUU fishing depleted Somalia's fish stocks and contributed to the country's economic collapse after 1991. With no functioning government or navy, piracy arose and became a lucrative business, peaking in 2010-2011 with over 400 attacks annually. Increased naval patrols and armed guards on ships have helped reduce Somali piracy in recent years.
The maritime belt refers to the part of the sea under the jurisdiction of coastal states. It extends up to 12 nautical miles from shore, within which the coastal state can exercise sovereignty. Historically, the width of the maritime belt varied depending on the range of cannons, but international agreements in the 20th century standardized it at 12 miles. Within this zone, coastal nations have control over resources and activities as recognized under the United Nations Convention on the Law of the Sea.
This document discusses key concepts in the law of the sea based on international conventions and the United Nations Convention on the Law of the Sea (UNCLOS). It describes the different jurisdictional zones that countries can claim, including internal waters, territorial seas, exclusive economic zones, and the high seas. It also discusses rules around constructing baselines, navigational rights, archipelagos, straits transit passage, and defining bays. The document serves as a study guide for a law student, outlining key concepts and terminology related to the law of the sea.
The document discusses the territorial sea (TS) and its history. It defines TS as extending up to 12 nautical miles from a coastal state's baseline under UNCLOS. Conflicts can arise when states claim bodies of water as internal waters beyond the 12 nm limit. The document specifically examines conflicts in the Gulf of Sidra, where Libya claims the entire gulf but the US recognizes only Libya's 12 nm TS, leading to military incidents in 1981 and 1989 to assert freedom of navigation rights.
Admiralty & Maritime Law Pittsburgh - Moschetta Law Firmmoschettalaw
This document summarizes a presentation on admiralty and maritime law given by Stephen P. Moschetta. It discusses key topics in admiralty law including what constitutes admiralty jurisdiction, the origins and development of US admiralty law, types of maritime torts such as personal injury and property damage, laws governing maritime workers like the Jones Act and Longshore Act, and limitations on liability. It provides an overview of the core concepts and issues within the field of admiralty and maritime law.
The document summarizes key aspects of international law of the sea. It discusses the territorial sea, which extends up to 12 nautical miles from shore, where coastal states have sovereignty. It also discusses the contiguous zone, which extends up to 24 nautical miles from shore, where states can enforce customs and immigration laws. The continental shelf extends the state's seabed rights out to 200 nautical miles or further if the geological shelf extends further. The high seas beyond these zones are international waters open to all states.
The document discusses international conventions and agreements related to civil aviation and air law. It outlines different theories of airspace sovereignty and rights of overflight. The Chicago Convention on International Civil Aviation established rules for airspace, aircraft registration and safety. It defines rights for signatories related to international air travel and exempts commercial jet fuel from taxes. The convention established the International Civil Aviation Organization (ICAO) which became a UN specialized agency responsible for international aviation standards.
The document discusses various acts and provisions related to maritime zones and safety in India. It summarizes the Territorial Waters Act of 1976, the Suppression of Unlawful Acts Against Safety of Maritime Navigation Act of 2002, and provisions in the Indian Penal Code and Code of Criminal Procedure related to maritime offences. It also provides details about enforcement wings, coastal stations, cooperation agreements, and Automatic Identification Systems.
The document discusses the law of the sea and its evolution over time. With the adoption of the UN Convention in 1982, a comprehensive framework was created to govern legal control of the sea. This framework divides the ocean into multiple jurisdictional zones, including internal waters, territorial seas, exclusive economic zones, and the continental shelf. The law of the sea aims to prevent dangers, manage resources properly, and reduce conflicts by establishing clear legal zones and governance for activities in the oceans.
The Chicago Convention of 1944 established the foundational principles of international air law and created the International Civil Aviation Organization (ICAO). It replaced the Paris Convention of 1919 as the primary source of public international air law. The Convention provided for national sovereignty over airspace, defined the nationality of aircraft, established duties of states regarding aircraft registration and safety standards, and allowed for freedoms of aviation subject to state consent. It formed the basis for further development of international civil aviation law and policy through ICAO standards and bilateral air transport agreements.
This document defines the continental shelf and coastal state rights over the continental shelf according to the United Nations Convention on the Law of the Sea (UNCLOS). It provides that a coastal state's continental shelf extends to 200 nautical miles from shore or the edge of the continental margin if it extends beyond 200 nm. It outlines procedures for establishing the outer limits if they extend beyond 200 nm and requirements for submitting limit coordinates. It also describes coastal state sovereign rights over natural resources on the continental shelf and obligations to not infringe on other states' navigation rights.
The document discusses the international law of the sea, including key provisions of the 1982 UN Convention on the Law of the Sea (UNCLOS). It summarizes that UNCLOS established a 12 nautical mile territorial sea limit and introduced new legal regimes for the exclusive economic zone and international seabed area. The summary also notes that under UNCLOS, ships enjoy the right of innocent passage through territorial seas and coastal states can exercise jurisdiction over foreign ships in certain circumstances, such as if a consequence of a crime extends to the coastal state.
This document summarizes key parts of the United Nations Convention on the Law of the Sea (UNCLOS) 1982. It discusses the territorial sea and contiguous zone, including the sovereignty of coastal states over their territorial sea and airspace above it. It establishes the breadth of the territorial sea at 12 nautical miles and outlines rules for determining baselines and outer limits. It also covers innocent passage of ships through territorial seas, jurisdiction of coastal states, and exclusive economic zones.
The document discusses maritime zones and jurisdictions under international law, describing the different zones that coastal states can claim, including the territorial sea, exclusive economic zone, continental shelf, and archipelagic waters. It provides an overview of the historical development of these maritime claims and how zones have evolved over time. The rights and responsibilities of both coastal states and other states are examined for each maritime zone under the United Nations Convention on the Law of the Sea.
This document discusses the history and development of the United Nations Convention on the Law of the Sea (UNCLOS). It traces the evolution of maritime law from ancient codes and customs to modern international agreements. Key events included Hugo Grotius establishing the principle of freedom of the seas in the early 17th century and UNCLOS being signed in 1982 after over a decade of negotiations. UNCLOS established rules governing territorial waters, exclusive economic zones, the continental shelf, high seas, and international seabed areas. It aimed to create a comprehensive legal framework for the governance of oceans.
This document provides an overview of the United Nations Convention on the Law of the Sea (UNCLOS-III). It discusses key concepts in UNCLOS-III including maritime zones like the territorial sea, exclusive economic zone, and continental shelf. It also covers maritime boundaries and methods for delineating boundaries. Specifically, it highlights how UNCLOS-III is relevant for Bangladesh, including reviewing Bangladesh's baselines and maritime zones, resolving maritime boundary issues according to UNCLOS-III, and ensuring peaceful use of the Bay of Bengal. The document aims to familiarize the reader with UNCLOS-III and visualize how it applies to Bangladesh's maritime zones.
This document provides testimony opposing resolutions (HR 113, HCR 153, SR 45, SR 93) that would exempt Hawaii from the U.S. build requirement of the Jones Act for large ocean-going ships. It provides background on the Jones Act and examines a GAO report on the potential effects of exempting Puerto Rico from the Jones Act. While reform should be considered, a full exemption is not in Hawaii's best interest due to national security, homeland security, and support for the domestic shipping and maritime industries.
The document discusses several key cases and conventions related to establishing boundaries and jurisdiction in maritime law:
- The 1958 and 1982 UN Conventions codified states' territorial seas, economic zones, and related rights and duties. The 1982 Convention established a standard 12-nautical mile territorial sea and 200-nautical mile exclusive economic zone.
- The Anglo-Norwegian Fisheries Case established that coastal states can draw straight baselines to determine their territorial seas, within reason based on geographic features. This approach was later codified in the 1982 Convention.
- Other cases examined what crimes fall under a state's jurisdiction when committed in territorial waters or aboard foreign-flagged vessels in port. Jurisdiction depends on factors like the crime's
Table of the maritime zones in unclos by Dr.Zeyad Jaffal, Al Ain University, UAEzeyadjaffal
The document summarizes the maritime zones established under the United Nations Convention on the Law of the Sea (UNCLOS), including their geographic extent and the legal rights and obligations that apply in each zone. It discusses the internal waters, territorial sea, contiguous zone, exclusive economic zone, continental shelf, high seas, and the seabed or "Area" beyond national jurisdiction. For each zone, it provides the distance from shore and sovereignty or usage rights pertaining to that maritime area.
This presentation will enlighten you on various law of the sea. You will be able to learn about the basic term of Ocean laws. you will also understand the critical points of boundary delimitation among many countries around the world.
The document discusses the Law of the Sea, which concerns public international law governing states' interactions in maritime matters. It summarizes the key topics covered in the UN Convention on the Law of the Sea (UNCLOS), including territorial waters, exclusive economic zones, and technology transfer. UNCLOS was finalized in 1982 and came into force in 1994, with over 149 nations now party to the convention. The legal framework established by UNCLOS is now widely accepted internationally and most states' national maritime laws are based on its provisions.
Convention On International Civil Aviation (Chicago Convention), 1944.
The Convention on Offences and Certain Other AcCommitted On Board Aircraft (commonly called the Tokyo Convention), 1963.
The document discusses the principle of "hot pursuit", which allows a state's navy to pursue a foreign ship that violated its territorial waters into international waters. It is enshrined in international maritime law treaties. Two examples are given of cross-border pursuits not involving ships - the US pursuit of Pancho Villa into Mexico in 1916 in response to a raid, and Israel's capture of Nazi Adolf Eichmann in Argentina in 1960, both considered violations of sovereignty.
International law for deep sea mineral resources - presentationDaniel Reynolds
This document provides an overview of international law governing deep-sea mineral resources. It discusses the establishment of the UN Convention on the Law of the Sea in 1982, which established jurisdictions over territorial seas, exclusive economic zones, and the international seabed known as "The Area." The U.S. initially objected to provisions governing seabed mining but agreed to the 1994 amendments. The International Seabed Authority now administers seabed mining in The Area under the convention, which has been ratified by 159 countries except the U.S. and others. Future seabed mining depends on mineral prices and potential new demand for minerals for technology.
1) The Paquete Habana case established that customary international law exempts commercial fishing vessels from being captured as prizes of war. The US Supreme Court examined state practice, repetition over time, and opinio juris to determine this was a customary rule.
2) The North Sea Continental Shelf cases set a dual requirement for customary international law - widespread representative participation and uniform practice, demonstrating general recognition of a legal obligation. While duration is not strictly necessary, generality and consistency are required.
3) The ICJ ruled the equidistance method for delimiting continental shelf boundaries had not met the requirements to be considered customary international law binding on Germany, Denmark, and the Netherlands in this dispute.
Implementations of the law of the sea convention in Sri LankaTharindu Dilshan
This document summarizes the key points of a presentation about Sri Lanka's implementation of the United Nations Convention on the Law of the Sea (UNCLOS). It discusses UNCLOS and its objectives to establish international laws governing the world's oceans. It then outlines several ways Sri Lanka has implemented UNCLOS, including establishing an Exclusive Economic Zone, claiming maritime boundaries, and preventing illegal fishing. The presentation concludes that UNCLOS has helped Sri Lanka maximize ocean resources, protect the environment, and engage in development projects, though challenges remain in fully utilizing resources and improving communication between authorities.
The United Nations Convention on the Law of the Sea was an international agreement that established guidelines and restrictions for nations regarding the world's oceans. The convention took place from 1973 to 1982 with 160 participating states over 11 sessions. It defined nations' rights and responsibilities regarding oceans, establishing rules for business, environmental protection, and managing marine resources. The convention addressed issues like territorial jurisdiction, nations' rights and duties, and other global concerns to promote order across the oceans.
The document discusses the Society for Space Law and Law of the Sea (SSLLS) and some of the issues it focuses on, including commercial space regulation, liability regimes, the impact of arms regulations on space debris remediation, the militarization of space, property ownership in space, and space debris. It also lists some projects the SSLLS is currently working on, such as getting speakers, a jobs bank, a moot court competition, social events, elections, and a space law blog.
The document discusses various acts and provisions related to maritime zones and safety in India. It summarizes the Territorial Waters Act of 1976, the Suppression of Unlawful Acts Against Safety of Maritime Navigation Act of 2002, and provisions in the Indian Penal Code and Code of Criminal Procedure related to maritime offences. It also provides details about enforcement wings, coastal stations, cooperation agreements, and Automatic Identification Systems.
The document discusses the law of the sea and its evolution over time. With the adoption of the UN Convention in 1982, a comprehensive framework was created to govern legal control of the sea. This framework divides the ocean into multiple jurisdictional zones, including internal waters, territorial seas, exclusive economic zones, and the continental shelf. The law of the sea aims to prevent dangers, manage resources properly, and reduce conflicts by establishing clear legal zones and governance for activities in the oceans.
The Chicago Convention of 1944 established the foundational principles of international air law and created the International Civil Aviation Organization (ICAO). It replaced the Paris Convention of 1919 as the primary source of public international air law. The Convention provided for national sovereignty over airspace, defined the nationality of aircraft, established duties of states regarding aircraft registration and safety standards, and allowed for freedoms of aviation subject to state consent. It formed the basis for further development of international civil aviation law and policy through ICAO standards and bilateral air transport agreements.
This document defines the continental shelf and coastal state rights over the continental shelf according to the United Nations Convention on the Law of the Sea (UNCLOS). It provides that a coastal state's continental shelf extends to 200 nautical miles from shore or the edge of the continental margin if it extends beyond 200 nm. It outlines procedures for establishing the outer limits if they extend beyond 200 nm and requirements for submitting limit coordinates. It also describes coastal state sovereign rights over natural resources on the continental shelf and obligations to not infringe on other states' navigation rights.
The document discusses the international law of the sea, including key provisions of the 1982 UN Convention on the Law of the Sea (UNCLOS). It summarizes that UNCLOS established a 12 nautical mile territorial sea limit and introduced new legal regimes for the exclusive economic zone and international seabed area. The summary also notes that under UNCLOS, ships enjoy the right of innocent passage through territorial seas and coastal states can exercise jurisdiction over foreign ships in certain circumstances, such as if a consequence of a crime extends to the coastal state.
This document summarizes key parts of the United Nations Convention on the Law of the Sea (UNCLOS) 1982. It discusses the territorial sea and contiguous zone, including the sovereignty of coastal states over their territorial sea and airspace above it. It establishes the breadth of the territorial sea at 12 nautical miles and outlines rules for determining baselines and outer limits. It also covers innocent passage of ships through territorial seas, jurisdiction of coastal states, and exclusive economic zones.
The document discusses maritime zones and jurisdictions under international law, describing the different zones that coastal states can claim, including the territorial sea, exclusive economic zone, continental shelf, and archipelagic waters. It provides an overview of the historical development of these maritime claims and how zones have evolved over time. The rights and responsibilities of both coastal states and other states are examined for each maritime zone under the United Nations Convention on the Law of the Sea.
This document discusses the history and development of the United Nations Convention on the Law of the Sea (UNCLOS). It traces the evolution of maritime law from ancient codes and customs to modern international agreements. Key events included Hugo Grotius establishing the principle of freedom of the seas in the early 17th century and UNCLOS being signed in 1982 after over a decade of negotiations. UNCLOS established rules governing territorial waters, exclusive economic zones, the continental shelf, high seas, and international seabed areas. It aimed to create a comprehensive legal framework for the governance of oceans.
This document provides an overview of the United Nations Convention on the Law of the Sea (UNCLOS-III). It discusses key concepts in UNCLOS-III including maritime zones like the territorial sea, exclusive economic zone, and continental shelf. It also covers maritime boundaries and methods for delineating boundaries. Specifically, it highlights how UNCLOS-III is relevant for Bangladesh, including reviewing Bangladesh's baselines and maritime zones, resolving maritime boundary issues according to UNCLOS-III, and ensuring peaceful use of the Bay of Bengal. The document aims to familiarize the reader with UNCLOS-III and visualize how it applies to Bangladesh's maritime zones.
This document provides testimony opposing resolutions (HR 113, HCR 153, SR 45, SR 93) that would exempt Hawaii from the U.S. build requirement of the Jones Act for large ocean-going ships. It provides background on the Jones Act and examines a GAO report on the potential effects of exempting Puerto Rico from the Jones Act. While reform should be considered, a full exemption is not in Hawaii's best interest due to national security, homeland security, and support for the domestic shipping and maritime industries.
The document discusses several key cases and conventions related to establishing boundaries and jurisdiction in maritime law:
- The 1958 and 1982 UN Conventions codified states' territorial seas, economic zones, and related rights and duties. The 1982 Convention established a standard 12-nautical mile territorial sea and 200-nautical mile exclusive economic zone.
- The Anglo-Norwegian Fisheries Case established that coastal states can draw straight baselines to determine their territorial seas, within reason based on geographic features. This approach was later codified in the 1982 Convention.
- Other cases examined what crimes fall under a state's jurisdiction when committed in territorial waters or aboard foreign-flagged vessels in port. Jurisdiction depends on factors like the crime's
Table of the maritime zones in unclos by Dr.Zeyad Jaffal, Al Ain University, UAEzeyadjaffal
The document summarizes the maritime zones established under the United Nations Convention on the Law of the Sea (UNCLOS), including their geographic extent and the legal rights and obligations that apply in each zone. It discusses the internal waters, territorial sea, contiguous zone, exclusive economic zone, continental shelf, high seas, and the seabed or "Area" beyond national jurisdiction. For each zone, it provides the distance from shore and sovereignty or usage rights pertaining to that maritime area.
This presentation will enlighten you on various law of the sea. You will be able to learn about the basic term of Ocean laws. you will also understand the critical points of boundary delimitation among many countries around the world.
The document discusses the Law of the Sea, which concerns public international law governing states' interactions in maritime matters. It summarizes the key topics covered in the UN Convention on the Law of the Sea (UNCLOS), including territorial waters, exclusive economic zones, and technology transfer. UNCLOS was finalized in 1982 and came into force in 1994, with over 149 nations now party to the convention. The legal framework established by UNCLOS is now widely accepted internationally and most states' national maritime laws are based on its provisions.
Convention On International Civil Aviation (Chicago Convention), 1944.
The Convention on Offences and Certain Other AcCommitted On Board Aircraft (commonly called the Tokyo Convention), 1963.
The document discusses the principle of "hot pursuit", which allows a state's navy to pursue a foreign ship that violated its territorial waters into international waters. It is enshrined in international maritime law treaties. Two examples are given of cross-border pursuits not involving ships - the US pursuit of Pancho Villa into Mexico in 1916 in response to a raid, and Israel's capture of Nazi Adolf Eichmann in Argentina in 1960, both considered violations of sovereignty.
International law for deep sea mineral resources - presentationDaniel Reynolds
This document provides an overview of international law governing deep-sea mineral resources. It discusses the establishment of the UN Convention on the Law of the Sea in 1982, which established jurisdictions over territorial seas, exclusive economic zones, and the international seabed known as "The Area." The U.S. initially objected to provisions governing seabed mining but agreed to the 1994 amendments. The International Seabed Authority now administers seabed mining in The Area under the convention, which has been ratified by 159 countries except the U.S. and others. Future seabed mining depends on mineral prices and potential new demand for minerals for technology.
1) The Paquete Habana case established that customary international law exempts commercial fishing vessels from being captured as prizes of war. The US Supreme Court examined state practice, repetition over time, and opinio juris to determine this was a customary rule.
2) The North Sea Continental Shelf cases set a dual requirement for customary international law - widespread representative participation and uniform practice, demonstrating general recognition of a legal obligation. While duration is not strictly necessary, generality and consistency are required.
3) The ICJ ruled the equidistance method for delimiting continental shelf boundaries had not met the requirements to be considered customary international law binding on Germany, Denmark, and the Netherlands in this dispute.
Implementations of the law of the sea convention in Sri LankaTharindu Dilshan
This document summarizes the key points of a presentation about Sri Lanka's implementation of the United Nations Convention on the Law of the Sea (UNCLOS). It discusses UNCLOS and its objectives to establish international laws governing the world's oceans. It then outlines several ways Sri Lanka has implemented UNCLOS, including establishing an Exclusive Economic Zone, claiming maritime boundaries, and preventing illegal fishing. The presentation concludes that UNCLOS has helped Sri Lanka maximize ocean resources, protect the environment, and engage in development projects, though challenges remain in fully utilizing resources and improving communication between authorities.
The United Nations Convention on the Law of the Sea was an international agreement that established guidelines and restrictions for nations regarding the world's oceans. The convention took place from 1973 to 1982 with 160 participating states over 11 sessions. It defined nations' rights and responsibilities regarding oceans, establishing rules for business, environmental protection, and managing marine resources. The convention addressed issues like territorial jurisdiction, nations' rights and duties, and other global concerns to promote order across the oceans.
The document discusses the Society for Space Law and Law of the Sea (SSLLS) and some of the issues it focuses on, including commercial space regulation, liability regimes, the impact of arms regulations on space debris remediation, the militarization of space, property ownership in space, and space debris. It also lists some projects the SSLLS is currently working on, such as getting speakers, a jobs bank, a moot court competition, social events, elections, and a space law blog.
The United Nations Convention on the Law of the Sea (UNCLOS) is an international agreement that addresses legal issues regarding the rights and responsibilities of nations in their use of the world's oceans, established in 1982 after nine years of negotiations. Over 160 nations are parties to the agreement, which governs navigation, territorial sea limits, economic jurisdiction, legal status of resources on the seabed beyond national jurisdiction, and environmental control of marine pollution. While not perfect, UNCLOS is hailed as an important achievement in establishing a comprehensive international treaty regulating the use of the oceans.
This document discusses international sea laws and maritime boundary demarcation between India and Sri Lanka. It summarizes the key United Nations Convention on the Law of the Sea (UNCLOS) conferences that have aimed to establish international laws governing states' rights and jurisdictions in different maritime zones. The document focuses on how UNCLOS defines territorial seas, exclusive economic zones, and continental shelves and establishes principles for demarcating maritime boundaries between neighboring states, including using the median line or equidistance principles. It provides context on the maritime boundary negotiations between India and Sri Lanka.
This document discusses the importance of coastal shipping and inland water transport (IWT) in India. Some key points:
- Coastal shipping is considered the most energy and environment efficient mode of transport compared to surface modes, and requires no investment in infrastructure except navigation aids and terminals.
- Allocating cargo to coastal shipping can relieve pressure on other modes when coastal routes have comparable distances to surface modes and cargo origins/destinations are on the waterfront.
- The comparative cost advantage of coastal shipping versus rail, potential cargo types and volumes, vessel types and operations, and port efficiency are important factors.
- Constitutional provisions give power over inland waterways and shipping to both central and state governments, depending
Title to Territory, Air space, Outer space and Watersanariaz30
1) The document discusses different aspects of title to territory, air space, outer space, and water under international law. It defines title to territory as showing that a state has sovereignty over a territory and discusses the importance of and historical basis for title.
2) It describes air space as the area above a nation's territory that belongs to the controlling government, and outlines conventions and treaties governing air space use. Outer space is defined as the area beyond Earth's atmosphere inhabited by other celestial bodies.
3) The document also outlines different coastal zones under the law of the sea - territorial waters, contiguous zone, exclusive economic zone, and high seas - and the rights and limitations of states in each.
The document outlines the key maritime zones defined by the United Nations Convention on the Law of the Sea, including their boundaries and jurisdictions. It discusses the internal waters, territorial sea, contiguous zone, exclusive economic zone, continental shelf, high seas, and the Area. The Convention established these zones and their associated rights and jurisdictions to provide a legal framework for maritime activities and governance of the ocean environment.
International Journal of Humanities and Social Science Invention (IJHSSI)inventionjournals
International Journal of Humanities and Social Science Invention (IJHSSI) is an international journal intended for professionals and researchers in all fields of Humanities and Social Science. IJHSSI publishes research articles and reviews within the whole field Humanities and Social Science, new teaching methods, assessment, validation and the impact of new technologies and it will continue to provide information on the latest trends and developments in this ever-expanding subject. The publications of papers are selected through double peer reviewed to ensure originality, relevance, and readability. The articles published in our journal can be accessed online
The document summarizes key aspects of the United Nations Convention on the Law of the Sea (UNCLOS). It discusses the development of international laws governing the seas from early maritime customs and codes up through modern times. It provides context for UNCLOS by describing prior treaties and agreements. The summary also outlines some of the main principles and sections of UNCLOS, including defining the territorial sea and contiguous zone, outlining aspects of innocent passage, and establishing the sea bed and ocean floor as the "common heritage of mankind." UNCLOS was a significant international agreement that aimed to establish a comprehensive legal framework governing all uses of the oceans.
The document summarizes the key outcomes of the 1958 Geneva Conventions on the Law of the Sea, which established international law concepts like the territorial sea, contiguous zone, continental shelf, and high seas. It also discusses how the 1982 UN Convention on the Law of the Sea updated and expanded on these concepts, including establishing a 12 nautical mile limit for the territorial sea. Malaysia participated in negotiating the 1982 convention and became a state party to it in 1996 when it ratified the agreement.
Soham Agarwal & VAdm Pradeep Chauhan, Underwater Communication Cables Part 2.pdfTrungtmLutbinvHnghiQ
This document summarizes the legal protections and challenges regarding underwater communication cables under international and Indian law. It discusses how cables are inadequately protected and recommends that India classify cables landing within its territory as critical infrastructure and extend prescriptive jurisdiction over cables in international waters under the principle of protective jurisdiction. The document analyzes legal frameworks like UNCLOS and alternative bases for jurisdiction to better protect these vital systems.
This document provides an overview of seaworthiness in maritime law and marine insurance. It discusses how seaworthiness involves the physical fitness of the vessel, competency of the crew, and necessary documentation. International conventions like the Hague Rules, Hamburg Rules, and Rotterdam Rules have established frameworks regarding a carrier's duty to ensure seaworthiness. Indian law on seaworthiness is largely based on colonial-era British legislation, though some principles from international conventions have been adopted. The document examines key concepts, theoretical frameworks, current legal positions, and relevant Indian laws on seaworthiness.
The document provides an overview of the history and development of the law of the sea through codification efforts like the United Nations Convention on the Law of the Sea (UNCLOS). It describes the key maritime zones established by UNCLOS, including internal waters, the territorial sea, contiguous zone, exclusive economic zone, and the continental shelf. It also discusses concepts like baselines, innocent passage, and the sovereign rights of coastal states in different maritime areas as defined by UNCLOS.
The document summarizes key definitions and rules regarding navigation from the International Regulations for Preventing Collisions at Sea (1972) and the Inland Navigational Rules. It explains definitions for terms like "shall" and "may" as well as vessel types. It also outlines Rules 1 through 5 which cover the application and scope of the rules, responsibilities of vessels to follow the rules, general definitions, and the requirement for all vessels to maintain a proper lookout.
1. The document analyzes international cooperation mechanisms between Pakistan and China for combating piracy, examining them from the perspective of international law. It focuses on the significance of mechanisms established through regional approaches.
2. Piracy and armed robbery at sea have increased in the post-Cold War era due to political and economic instability in developing countries. The UNCLOS framework establishes guidelines for international cooperation against these crimes.
3. Pakistan and China have developed increasingly close maritime cooperation in the Indian Ocean, with China joining multinational anti-piracy efforts and reopening its embassy in Somalia. Their cooperation through the CPEC project and Gwadar Port development is also strategically important.
The United Nations Convention on the Law of the Sea (UNCLOS) establishes guidelines governing nations' use of the world's oceans. It defines maritime zones such as the territorial sea, contiguous zone, exclusive economic zone, and continental shelf. The convention grants nations rights to resources within their maritime zones while balancing coastal state sovereignty with freedom of the seas. It also addresses environmental concerns and establishes the International Seabed Authority to regulate deep seabed mining beyond national jurisdictions. UNCLOS took effect in 1994 after receiving enough signatures, becoming the governing framework for international marine law.
Legal Implications of PMSCs in EEZ and Contingous zonesHelen Tung
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Temple of Asclepius in Thrace. Excavation resultsKrassimira Luka
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1. 2. Introduction:
Transit passage is a concept of the Law of the Sea which allows a vessel or aircraft the
freedom of navigation or over flight solely for the purpose of continuous and expeditious
transit of a strait between one part of the high seas or exclusive economic zone and another.
The requirement of continuous and expeditious transit does not preclude passage through the
strait for the purpose of entering, leaving or returning from a state bordering the strait, subject
to the conditions of entry to that state.
With the definitions of and differences between the two regimes in mind it becomes easier to
understand the conflict between the right of transit passage and the right of innocent
passage. Specifically, the problem arises in situations where Coastal State perceives a vessel
under continuous and expeditious transit as prejudicial to the security of the Coastal State.
Transit passage refers to right of a vessel or airplane. This right helps in exercising freedom
of navigation and over flight. It is governed under international law. This right is granted for
the purpose of continuous and expeditious transit between one part of the high seas or an
exclusive economic zone. It is also known as right of transit passage.
Transit passage exists throughout the entire strait and not just the area overlapped by the
territorial sea of the coastal nations. The ships and aircraft of all nations, including warships,
auxiliaries, and military aircraft, enjoy the right of unimpeded transit passage in such straits
and their approaches. Submarines are free to transit international straits submerged, since that
is their normal mode of operation. The legal regime of transit passage exists in the most
important straits for the international trade exchange and security (Strait of Gibraltar, Dover
Strait, Strait of Hormuz, Bab-el-Mandeb, Strait of Malacca).
This navigation rule is codified in Part III of the United Nations Convention on the Law of
the Sea. Although not all countries have ratified the convention, most countries, including the
U.S. accept these customary navigation rules as codified in the Convention. This navigation
rule took on more importance with UNCLOS III as that convention confirmed the widening
of territorial waters from three to twelve nautical miles, causing more straits not to have a
navigation passage between the territorial waters of the coastal nations.
2. 3. Nature and Scope of Transit Passage:
The substance of the right of transit passage is provided in Article 38. This important article
has earned the equivocal disguise during the compromising process. It reads; "Transit passage
means the exercise, in accordance with this Part, of the freedom of navigation and over-flight
solely for the purpose of continuous and expeditious transit of the strait." The term of "the
freedom of navigation and over-flight" makes the transit passage quite different from
innocent passage. And it is further asserted that with this term, the transit passage should be
deemed as something which ought to be sorted as free passage in the high seas, and quite
naturally, includes
the submerged passage without any explicit terms18. This line of contention seems to have
become, ever more confident But as far as the strict textual interpretation were to be
maintained, the legal reasoning for the above-mentioned contention could not be sustained
against the following contradiction. As professor Riesman has aptly pointed out, transit
passage defined with the term of "freedom of navigation" in Article 38 para.2 has the
characteristics which are incompatible with the high sea notion of freedom of navigation20.
This term "freedom of navigation" is used in Article 58 para.1 also. But it is emphasized with
the clarifying words, "referred to in Article 87." Here, we can simply admit that the right of
navigation exercised by all states in EEZ is the freedom of navigation as they do on the high
seas. But in Article 38 para.2, the term, "freedom of navigation" is not emphasized and is not
clarified either. If it were the intention of the treaty to guarantee the freedom of navigation
just as available on the high seas in the straits used for international navigation, should it not
have some more explicit clarifying words than those used in the article 58 para.1? Of course,
the legal status of the waters forming the straits used for international navigation, that is the
territorial sea of the coastal states shall never be affected by transit passage regime.(Article
34) Needless to say, it is far more exclusive than that of the EEZ.
3. 4. Definition of Transit Passage:
Transit passage is a concept of the Law of the Sea which allows a vessel or aircraft the
freedom of navigation or over flight solely for the purpose of continuous and expeditious
transit of a strait between one part of the high seas or exclusive economic zone and another.
The non suspend able right of continuous and expeditious navigation and/or over flight in the
normal mode through an international strait linking one part of the high seas (or exclusive
economic zone) with another. (Dictionary and Military term US Department of defense
2005).
4. 5. Rights of Transit Passage:
The right of transit passage and the right of innocent passage appear to concern the same
matters on a first reading. Generally, each right provides foreign vessels the opportunity to
navigate through territorial waters free from interference of the Coastal State. However, a
closer examination reveals that the two rights are rather distinct in that each provides varying
degrees of navigational freedom. This essay will examine some of the major differences
between the two regimes in order to highlight the rights accorded under each regime and
illustrate where the regimes conflict. It is that conflict where it can be said the rights are co-
terminus.(1)
Next, it is useful to consider more substantive and specific differences between the two
regimes. First, all ships and aircraft enjoy the right of transit passage while the right of
innocent passage is reserved to ships. Second, submarines are not required to navigate on the
surface under the right of transit passage, while submarines must navigate on the surface
under the right of innocent passage. Third, the right of transit passage cannot be suspended
while the right of innocent passage can under certain circumstances.
Lastly, it is important that the differences creating conflict between the right of transit
passage and the right of innocent passage not be interpreted as meaning the regimes have
nothing in common. First, each regime allows the Coastal State to prescribe sea lanes to
promote safe passage. Second, each regime restricts research and survey activities by foreign
vessels. Third, each regime includes language restricting any threat or use of force. Such
similarities indicate the two regimes do have fundamentally common goals – to provide
navigational freedom to vessels while limiting infringement on the rights of Coastal States to
govern territorial waters. Hence, the conflict existing where the two regimes are co-terminus
can also be looked at in terms of the right of transit passage providing broader navigational
freedoms in international straits then the right of innocent passage does in the territorial sea.
As a starting point it is helpful to compare the definitions of transit passage and innocent
passage. Transit passage can be defined as the exercise of the freedom of navigation and
over flight solely for the purpose of continuous and expeditious transit of the strait between
one area of the highs seas or an EEZ and another area of the high seas or an EEZ. (UNCLOS
Article 38). Innocent passage can be defined as passage which is not prejudicial to the peace,
good order or security of the Coastal State. (UNCLOS Article 19).
A prime example of this would be the Corfu Channel Case where British warships passed
through an international strait while Albania considered the ships to be prejudicial to its
security. In Corfu, Britain was acting under a right of transit passage while Albania was
protesting that the presence of a warship violated its influence permitted by the right of
innocent passage. This point of conflict exists at the place where the right of transit passage
is co-terminus with innocent passage.
(1). http://www.lawsurance.com/2012/04/is-right-of-transit-passage-co-terminus.html
To prevent such conflicts arising from this “co-terminus point” and to ensure mobility for
warships, maritime powers have supported the right of transit passage in international
5. straits. As a result the right of transit passage is arguably superior to the right of innocent
passage and today places “severe limitation[s] on the powers of some coastal states.”
A discussion of this “co-terminus point” would not be complete without addressing UNCLOS
Article 45 which provides that the regime of innocent passage shall coincide with that of
transit passage. The reason for structuring the right of transit passage to include a reference
to innocent passage is: (1) to ensure rights of territorial sea innocent passage though straits
used for international navigation where the transit regime does not apply; (2) to ensure
similar innocent passage rights in straits between high seas or exclusive economic zone and
the territorial sea of a foreign state; and (3) to provide that innocent passage is not suspend
able as it is should it stand alone. In other words, Article 45 provides a safety net for straits
that may arguably fall outside of the right of transit passage right.
5.1.In straits referred to in article 37, all ships and aircraft enjoy the right of transit passage,
which shall not be impeded; except that, if the strait is formed by an island of a State
bordering the strait and its mainland, transit passage shall not apply if there exists seaward of
the island a route through the high seas or through an exclusive economic zone of similar
convenience with respect to navigational and hydrographical characteristics.
5.2. Transit passage means the exercise in accordance with this Part of the freedom of
navigation and over flight solely for the purpose of continuous and expeditious transit of the
strait between one part of the high seas or an exclusive economic zone and another part of the
high seas or an exclusive economic zone. However, the requirement of continuous and
expeditious transit does not preclude passage through the strait for the purpose of entering,
leaving or returning from a State bordering the strait, subject to the conditions of entry to that
State.
Any activity which is not an exercise of the right of transit passage through a strait
5.3.
remains subject to the other applicable provisions of this Convention.(Article-38 of Convention on
the Law of Sea)
6. Duties of ships and aircraft during transit passage:
6.1. Ships and aircraft, while exercising the right of transit passage, shall:
(a) proceed without delay through or over the strait;
(b) refrain from any threat or use of force against the sovereignty, territorial integrity or
political independence of States bordering the strait, or in any other manner in violation of the
principles of international law embodied in the Charter of the United Nations;
(c) refrain from any activities other than those incident to their normal modes of continuous
and expeditious transit unless rendered necessary by force majeure or by distress;
(d) comply with other relevant provisions of this Part.
6.2. Ships in transit passage shall:
(a) comply with generally accepted international regulations, procedures and practices for
safety at sea, including the International Regulations for Preventing Collisions at Sea;
6. (b) comply with generally accepted international regulations, procedures and practices for the
prevention, reduction and control of pollution from ships.
6.3. Aircraft in transit passage shall:
(a) observe the Rules of the Air established by the International Civil Aviation Organization
as they apply to civil aircraft; state aircraft will normally comply with such safety measures
and will at all times operate with due regard for the safety of navigation;
(b) at all times monitor the radio frequency assigned by the competent internationally
designated air traffic control authority or the appropriate international distress radio
frequency.(Article-39 of Convention on the Law of Sea)
7. Research and survey activities:
During transit passage, foreign ships, including marine scientific research and hydrographic
survey ships may not carry out any research or survey activities without the prior
authorization of the States bordering straits.(Article-40 of Convention on the Law of Sea)
8. Sea lanes and traffic separation schemes in straits used for international
navigation:
8.1. In conformity with this Part, States bordering straits may designate sea lanes and
prescribe traffic separation schemes for navigation in straits where necessary to promote the
safe passage of ships.
8.2. Such States may, when circumstances require, and after giving due publicity thereto,
substitute other sea lanes or traffic separation schemes for any sea lanes or traffic separation
schemes previously designated or prescribed by them.
8.3. Such sea lanes and traffic separation schemes shall conform to generally accept
international regulations.
8.4. Before designating or substituting sea lanes or prescribing or substituting traffic
separation schemes, States bordering straits shall refer proposals to the competent
international organization with a view to their adoption. The organization may adopt only
such sea lanes and traffic separation schemes as may be agreed with the States bordering the
straits, after which the States may designate, prescribe or substitute them.
8.5. In respect of a strait where sea lanes or traffic separation schemes through the waters of
two or more States bordering the strait are being proposed, the States concerned shall
cooperate in formulating proposals in consultation with the competent international
organization.
8.6. States bordering straits shall clearly indicate all sea lanes and traffic separation schemes
designated or prescribed by them on charts to which due publicity shall be given.
8.7. Ships in transit passage shall respect applicable sea lanes and traffic separation schemes
established in accordance with this article.(Article-41 of Convention on the Law of Sea)
7. 9. Laws and regulations of States bordering straits relating to transit
passage:
9.1. Subject to the provisions of this section, States bordering straits may adopt laws and
regulations relating to transit passage through straits, in respect of all or any of the following:
(a) the safety of navigation and the regulation of maritime traffic, as provided in article 41;
(b) the prevention, reduction and control of pollution, by giving effect to applicable
international regulations regarding the discharge of oil, oily wastes and other noxious
substances in the strait;
(c) with respect to fishing vessels, the prevention of fishing, including the stowage of fishing
gear;
(d) the loading or unloading of any commodity, currency or person in contravention of the
customs, fiscal, immigration or sanitary laws and regulations of States bordering straits.
9.2. Such laws and regulations shall not discriminate in form or in fact among foreign ships
or in their application have the practical effect of denying, hampering or impairing the right
of transit passage as defined in this section.
9.3. States bordering straits shall give due publicity to all such laws and regulations.
9.4. Foreign ships exercising the right of transit passage shall comply with such laws and
regulations.
9.5. The flag State of a ship or the State of registry of an aircraft entitled to sovereign
immunity which acts in a manner contrary to such laws and regulations or other provisions of
this Part shall bear international responsibility for any loss or damage which results to States
bordering straits. .(Article-42 of Convention on the Law of Sea)
10. Navigational and safety aids and other improvements and the
prevention, reduction and control of pollution User States and States
bordering a strait should by agreement cooperate:
(a) in the establishment and maintenance in a strait of necessary navigational and safety aids
or other improvements in aid of international navigation; and
(b) for the prevention, reduction and control of pollution from ships.(Article-43 of Convention on
the Law of Sea)
11. Duties of States bordering straits:
States bordering straits shall not hamper transit passage and shall give appropriate publicity
to any danger to navigation or over flight within or over the strait of which they have
knowledge. There shall be no suspension of transit passage..(Article-44 of Convention on the Law
of Sea)
8. 12. The transit passage regime accepted as a customary rule of law:
Some U.S. ocean policy expert insisted that the transit passage through straits is a near
universally accepted navigational right enshrined in customary international law, quoting the
fact that U.S. military aircrafts over fly an average of one international strait, 24 miles wide
or less, per day worldwide33. Nevertheless, most important states bordering straits do not
seem to accept this assertion as a reality of the world practice.
On the contrary, there have been a few cases of arbitrary restrictions on straits transit passage
by the States bordering straits. Late September in 1988, Indonesia announced brief closure of
the Sunda and Lombok Strait34 is temporary closure of the important international straits was
committed for what it said were the Indonesian Navy's live firing exercises. With this
inexplicable act, the Indonesia seemed to violate its obligation not to defeat the object and
purpose of a treaty prior to its entry into force35 because Indonesia had already been 26th
ratifying State to the 1982 LOS Convention at that time36, and the LOS Convention clearly
prescribes that there shall be no suspension of transit passage.(Article 44) After all the
Indonesian temporary closure of the straits cannot be invoked as a precedent to advocate any
formulation of modifying state practices which allow the States bordering straits any right to
suspend transit passage. Nevertheless, this incident has vividly demonstrated the ample
possibility of arbitral interpretation of the regime of transit passage. Even among the
contracting parties of LOS Convention, there has not been formulated any "universal
acceptance" of the concrete norms of transit passage regime, without mentioning among the
states which are not the parties to LOS Convention.
9. References:
1. http://www.lawsurance.com/2012/04/is-right-of-transit-passage-co-terminus.html
2. en.wikipedia.org/wiki/Transit_passage
3. www.thefreedictionary.com/transit+passage
4. www.asil.org/insights120503.cfm
5. The Law of Sea By Prof. Md. Altuf Hossain
6. http://works.bepress.com