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CHAPTER 2
INTERNATIONAL LAW OF THE SEA
Father of
               International
               Law responsible
               for the concept
               of ―freedom of
               the seas‖



Hugo Grotius
―No part of
the sea may
be regarded
as pertaining
to the domain
of any given
nation.‖
Western civilization became
increasingly dependent upon
the use of the sea for:

• Trade
• Transportation
• Communication
A 3-mile territorial sea zone was
claimed in the seventeenth century.
A 12-mile fishing zone claimed by
Imperial Russia in the early 1900s.
After the Law of the Sea Conference in
1978, most maritime nations adopted a
12-mile territorial sea zone.
The United States predicated final acceptance of this 12 mile
limit only if the law allowed for unimpeded passage through,
over, and under international straits overlapped by the
12 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 international
law of the sea that have evolved over
the centuries are:
• High seas
• Territorial sea
• Special contiguous zones
High Seas
The concept of freedom of the high
seas contends that no nation may
restrict any areas or resources to its
exclusive use or sovereignty.
High Seas

All parts of the sea that are not
included in the territorial sea or
in the internal waters of a state
Territorial Sea
The concept of the territorial sea
contends that coastal states have
near-absolute sovereignty over a
narrow band of waters adjacent to
their coasts.
Special Contiguous Zones




The concept of special contiguous
zones contends that special limited
jurisdiction prevails, such as in the
straits and channels, and where
neither the rules of the high seas
nor territorial seas pertain.
UN Law of the Sea Conferences have
met a number of times since 1973.
United Nations
General Assembly
The stated purpose of the Law of the
Sea Conferences has been ―to develop
rules for peaceful use of the seabed
beyond the continental shelf to the
entire spectrum of ocean uses.‖
The UN
recognized
wide
disagreement
between
developed
nations and
underdeveloped
nations.
Underdeveloped States

Industrialized States
The basic issues at the conference
were:
•   The breadth of the territorial sea
•   Passage through straits
•   Fisheries
•   The seabed
•   Marine pollution
•   Scientific research
Ocean Surface
Continental Shelf

              Continental Slope


                                  Abyssal Plain

                      Sediment Base
Continental
   Rise                      Ocean Floor
Over the years some conventions have
been agreed upon, but no global
agreement covering the many items
on the agenda has yet been reached.
Four possible
adverse impacts of
international legal rules
on the Navy’s mission
include:
1. Limited mobility
2. Vulnerability to
   surveillance
3. Vulnerability to
   interdiction
4. Limitations on
   oceanographic and
   intelligence-gathering
   activities
Limited Mobility—Restrictions on
passage increase reaction time to
         troubled areas.
Vulnerability to Surveillance—Requiring
warships to use designated sea lanes
increases surveillance.
Vulnerability to Interdiction—If the
narrow sea-lanes were in a strait,
mining of that area or attack by enemy
naval and air forces would be much
simpler than if a broad sea area were
involved.
Legal developments might impose
limitations on oceanographic and
intelligence activities within the
200-mile zones.
The maximum size of the territorial
sea is 12 nautical miles.
Innocent Passage

The right of vessels of one nation to
navigate peacefully through the
territorial waters of another nation
Oil
                            Tanker




Passage through a territorial sea must
be continuous and expeditious.
Stopping and anchoring is allowed only
to provide assistance to persons, ships,
or aircraft in danger or distress.
A littoral (coastal) state must not
hinder innocent passage.
A foreign ship in
passage through
territorial seas must
comply with and
observe rules
concerning:
• 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 underwater
vehicles must navigate on the surface
unless the coastal nation waives the
requirement.
Aircraft, including
naval aircraft,
must request
overflight
permission over
a territorial sea.
Straits and Archipelagoes
The 1994 Law of the Sea Convention
guarantees passage for all ships and
aircraft through, under, and over straits
and archipelagoes for international
navigation.
Thailand    Laos
                                       Philippines
                     Vietnam                         Philippine
                                                        Sea
                     South
                     China
                      Sea

         Malaysia

                                                           Pacific
                               Indonesia                   Ocean




Indian        Java
Ocean


                                                       Australia
If restrictions on passage through
straits were imposed, access to and
from the
• Baltic
• Mediterranean
• Persian Gulf and Red Sea
could be severely restricted.
Danish
          Skagerak
Straits
                Kattegat
Strait of
            Gibraltar
Gibraltar
Persian Gulf and the Red Sea
Entry to semi-enclosed sea areas
such as the:

• Caribbean
• Sea of Japan

could also be affected adversely.
International Law of the Sea
Sea of
        Japan




                 North
East
China            Pacific
                 Ocean
 Sea
Thailand    Laos
                                       Philippines
                     Vietnam                         Philippine
                                                        Sea
                     South
                     China
                      Sea

         Malaysia

                                                           Pacific
                               Indonesia                   Ocean




Indian        Java
Ocean


                                                       Australia
Anchorage
                  CANADA

North        Seattle
                                         New York
Pacific
Ocean          Los Angeles         WASHINGTON, D.C.
                             Houston

                                 Miami
Hawaiian           MEXICO
Islands


The U.S. backs the right of
―archipelagic sea lanes passage,‖
either on routes designated by the
nation or on the routes normally used
for safe international navigation.
Archipelagic Nation

The Philippines is an archipelagic
nation made up of 7,107 islands
spanning 1,145 miles north to
south.
PHILIPPINES

              Archipelagic
                 Nation
Much
           controversy
           exists over
           where internal
           waters of bays
           and gulfs end
Atlantic   and where
Ocean      territorial seas
           begin.
Gulf of
                          Mexico




A gulf is larger than a bay and extends
deeper into the land.
If the entrance
                    to a bay or gulf
Mediterranean 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 for
determining whether bays and gulfs
are considered internal waters:
1. An effective claim to sovereignty by
   a national government
2. A continuous exercise of the
   authority claimed
3. 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 States
Canada has long claimed Hudson Bay,
with an entrance 50 miles wide, but
many countries, including the U.S. do not
recognize this claim.
Bay of Fundy
The British claimed this bay with a
65–mile entrance, as Canadian waters
in 1852, but an international commission
declared the claim to be invalid.
Hudson           Gulf of
                       Bay              SidraAsia
          North                    Europe       Persian
         America
               Gulf of                            Gulf
              Mexico                    Africa
San 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 severely
limit the Navy’s capability to carry
out strategic deterrence, projection of
power, and naval presence missions.
Rivers that lie entirely within one
country are considered internal waters.
National rivers - internal waters
Internal Waters

Waters that lie entirely within one
Country
International rivers — international waters
If an international river is not
navigable—the territorial boundary
lies in the geographic center of the river.
If an international river is navigable—the
center of the deepest channel is used to
mark the boundary and is called the
thalweg line.
International rivers are open to
navigation by all ships.
Lake
                            Manitoba




         Canada

Lakes entirely within the boundaries of
one country are the exclusive property
of that country.
Canada

 United
 States




The Great Lakes are subject to agreements
between 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 the
use of all nations’ ships, subject to a
     toll for the transit service.
What percent of the world’s surface is
considered high seas, free for the
entire world to use in its commerce?
71 percent


What percent of the world’s surface is
considered high seas, free for the
entire world to use in its commerce?
Convention on Law of the Sea, 1994
Law of the Sea Legal Regions
International Law of the Sea
Economic Zone

The region extending beyond the 12-mile
territorial sea to about 200 miles out
Nations now claim exclusive
jurisdiction over living and nonliving
resources within 200 miles of their
coasts.
Factory
Ship




                           Lobster
                           Boats




            Protection of Fishing Rights
          (most legal disputes since W.W. II)
Ocean Surface
Continental Shelf

              Continental Slope


                                  Abyssal Plain

                      Sediment Base
Continental
   Rise                      Ocean Floor
Continental Shelf

The part of a continent that is
submerged in relatively shallow sea
Nations want to assert their rights for
exploration and exploitation of oil and
minerals in the seabed.
Continental Shelf
        as defined by
   Geneva Convention in 1964

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
In excess of 100 billion barrels of oil
lie under the U.S. continental shelf.
The U.S. continental shelf, which
extends 120 miles out, contains vast
quantities of ores.
Countries with continental shelves are
in various stages of exploration and
exploitation.
Continental Shelf Convention specifies
that a safety zone must be established
around oil rigs up to a distance of 500
meters, for protection.
The U.S. has proposed that the deep
seabeds not be subject to any kind of
claim by any state, but governed by
international law.
The law of the sea is today in a state
of flux and development.
The U.S. must take the lead in defending
existing international legal rights and
argue against any attempts to impose
restrictions or bans in the following areas:
The oceans must become a common
area of understanding rather than an
area of discord, if few are to advance
our 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) State

A nation having at least one shoreline
bordering on international waters
Acquiescence

Agreement or consent by silence or
without objection
Thalweg

The geographic center of the deepest
channel and forms the territorial
boundary between nations
Exploitation Rights

The right to explore seabeds and use
or their natural resources for profit
Freedom of the
high seas includes
freedom to:

  • Conduct
    maritime
    commerce
• Navigate
• Fish
• Lay submarine cables
  and pipelines
• Fly over
Ronald H. Brown (R104)




• Undertake scientific research
The world community of states has
seen fit to establish a body of maritime
law to ensure that freedom of the seas
will apply equally to all.
Every state has the right
to grant its nationality to
ships and has the right
to sail them under its flag
on the high seas.
Current problem areas concerning
the law of the sea include:
• Economic zones
• Self-defense rules
• Exploitation of continental shelf
  and seabeds
• Fisheries
Underdeveloped coastal countries
view the 200-nautical-mile exclusive
economic zone as an answer to their
economic problems.
Residuum of Authority
         asks this question:


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?
Beside navigational constraints on
naval and merchant shipping, strict
control of the economic zone could
hinder naval scientific and
oceanographic research.
In a legal sense, the territorial sea is
not a part of the high seas.
A coastal state exercises exclusive
jurisdiction—sovereignty—over its
territorial seas.
A sovereign state under the law can
safeguard its existence both in its
territorial seas and on the high seas.
Freedom to fish on the high seas has been
a part of customary international law.
Long-range fishing fleets with factory
ships serving as mother ships have
depleted fish stocks of the world oceans.
Conservation has become a
fundamental concern for all
nations of the world.
Fishing is a valuable economic resource
and countries, both developed and
developing, are demanding a share of
the world’s fisheries.
Fair and intelligent agreements are
necessary to satisfy the coastal states
and the distant-water fishing nations.
Superjacent

Lying above or upon something else
The territorial sea is an important area
to 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
International Law of the Sea
• 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 that
a coastal state exercises sovereign
rights over its continental shelf for
exploring and exploiting its natural
resources.
Ocean Surface
Continental Shelf

              Continental Slope


                                  Abyssal Plain

                      Sediment Base
Continental
   Rise                      Ocean Floor
The right of exploration is limited, however
in that there can be no unjustifiable
interference with the freedom of navigation,
fishing, or scientific research.

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International Law of the Sea

  • 2. Father of International Law responsible for the concept of ―freedom of the seas‖ Hugo Grotius
  • 3. ―No part of the sea may be regarded as pertaining to the domain of any given nation.‖
  • 4. Western civilization became increasingly dependent upon the use of the sea for: • Trade • Transportation • Communication
  • 5. A 3-mile territorial sea zone was claimed in the seventeenth century.
  • 6. A 12-mile fishing zone claimed by Imperial Russia in the early 1900s.
  • 7. After the Law of the Sea Conference in 1978, most maritime nations adopted a 12-mile territorial sea zone.
  • 8. The United States predicated final acceptance of this 12 mile limit only if the law allowed for unimpeded passage through, over, and under international straits overlapped by the 12 mile limit.
  • 9. 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
  • 10. The basic principles of the international law of the sea that have evolved over the centuries are: • High seas • Territorial sea • Special contiguous zones
  • 11. High Seas The concept of freedom of the high seas contends that no nation may restrict any areas or resources to its exclusive use or sovereignty.
  • 12. High Seas All parts of the sea that are not included in the territorial sea or in the internal waters of a state
  • 13. Territorial Sea The concept of the territorial sea contends that coastal states have near-absolute sovereignty over a narrow band of waters adjacent to their coasts.
  • 14. Special Contiguous Zones The concept of special contiguous zones contends that special limited jurisdiction prevails, such as in the straits and channels, and where neither the rules of the high seas nor territorial seas pertain.
  • 15. UN Law of the Sea Conferences have met a number of times since 1973.
  • 17. The stated purpose of the Law of the Sea Conferences has been ―to develop rules for peaceful use of the seabed beyond the continental shelf to the entire spectrum of ocean uses.‖
  • 20. The basic issues at the conference were: • The breadth of the territorial sea • Passage through straits • Fisheries • The seabed • Marine pollution • Scientific research
  • 21. Ocean Surface Continental Shelf Continental Slope Abyssal Plain Sediment Base Continental Rise Ocean Floor
  • 22. Over the years some conventions have been agreed upon, but no global agreement covering the many items on the agenda has yet been reached.
  • 23. Four possible adverse impacts of international legal rules on the Navy’s mission include: 1. Limited mobility 2. Vulnerability to surveillance 3. Vulnerability to interdiction 4. Limitations on oceanographic and intelligence-gathering activities
  • 24. Limited Mobility—Restrictions on passage increase reaction time to troubled areas.
  • 25. Vulnerability to Surveillance—Requiring warships to use designated sea lanes increases surveillance.
  • 26. Vulnerability to Interdiction—If the narrow sea-lanes were in a strait, mining of that area or attack by enemy naval and air forces would be much simpler than if a broad sea area were involved.
  • 27. Legal developments might impose limitations on oceanographic and intelligence activities within the 200-mile zones.
  • 28. The maximum size of the territorial sea is 12 nautical miles.
  • 29. Innocent Passage The right of vessels of one nation to navigate peacefully through the territorial waters of another nation
  • 30. Oil Tanker Passage through a territorial sea must be continuous and expeditious.
  • 31. Stopping and anchoring is allowed only to provide assistance to persons, ships, or aircraft in danger or distress.
  • 32. A littoral (coastal) state must not hinder innocent passage.
  • 33. A foreign ship in passage through territorial seas must comply with and observe rules concerning:
  • 34. • The safety of traffic and protection of channels and buoys • Pollution of the waters • Conservation of the living resources of the sea
  • 35. • The rights of fishing and hunting • Hydrographic surveys • Display of the ship’s colors and salutes as defined by coastal state
  • 36. Submarines and other underwater vehicles must navigate on the surface unless the coastal nation waives the requirement.
  • 37. Aircraft, including naval aircraft, must request overflight permission over a territorial sea.
  • 38. Straits and Archipelagoes The 1994 Law of the Sea Convention guarantees passage for all ships and aircraft through, under, and over straits and archipelagoes for international navigation.
  • 39. Thailand Laos Philippines Vietnam Philippine Sea South China Sea Malaysia Pacific Indonesia Ocean Indian Java Ocean Australia
  • 40. If restrictions on passage through straits were imposed, access to and from the • Baltic • Mediterranean • Persian Gulf and Red Sea could be severely restricted.
  • 41. Danish Skagerak Straits Kattegat
  • 42. Strait of Gibraltar Gibraltar
  • 43. Persian Gulf and the Red Sea
  • 44. Entry to semi-enclosed sea areas such as the: • Caribbean • Sea of Japan could also be affected adversely.
  • 46. Sea of Japan North East China Pacific Ocean Sea
  • 47. Thailand Laos Philippines Vietnam Philippine Sea South China Sea Malaysia Pacific Indonesia Ocean Indian Java Ocean Australia
  • 48. Anchorage CANADA North Seattle New York Pacific Ocean Los Angeles WASHINGTON, D.C. Houston Miami Hawaiian MEXICO Islands The U.S. backs the right of ―archipelagic sea lanes passage,‖ either on routes designated by the nation or on the routes normally used for safe international navigation.
  • 49. Archipelagic Nation The Philippines is an archipelagic nation made up of 7,107 islands spanning 1,145 miles north to south.
  • 50. PHILIPPINES Archipelagic Nation
  • 51. Much controversy exists over where internal waters of bays and gulfs end Atlantic and where Ocean territorial seas begin.
  • 52. Gulf of Mexico A gulf is larger than a bay and extends deeper into the land.
  • 53. If the entrance to a bay or gulf Mediterranean Sea is 24 miles or Gulf of less in width, Sidra it is considered internal waters and not territorial sea.
  • 54. The UN has three basic elements for determining whether bays and gulfs are considered internal waters: 1. An effective claim to sovereignty by a national government 2. A continuous exercise of the authority claimed 3. Acquiescence by other nations
  • 55. Mediterranean Sea Libya was Gulf of Sidra unsuccessful when it tried to claim the Gulf of Sidra as internal waters.
  • 56. Beaufort Sea Hudson Bay Canada North Atlantic Ocean United States Canada has long claimed Hudson Bay, with an entrance 50 miles wide, but many countries, including the U.S. do not recognize this claim.
  • 57. Bay of Fundy The British claimed this bay with a 65–mile entrance, as Canadian waters in 1852, but an international commission declared the claim to be invalid.
  • 58. Hudson Gulf of Bay SidraAsia North Europe Persian America Gulf of Gulf Mexico Africa San 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.
  • 59. Such curtailments would severely limit the Navy’s capability to carry out strategic deterrence, projection of power, and naval presence missions.
  • 60. Rivers that lie entirely within one country are considered internal waters.
  • 61. National rivers - internal waters
  • 62. Internal Waters Waters that lie entirely within one Country
  • 63. International rivers — international waters
  • 64. If an international river is not navigable—the territorial boundary lies in the geographic center of the river.
  • 65. If an international river is navigable—the center of the deepest channel is used to mark the boundary and is called the thalweg line.
  • 66. International rivers are open to navigation by all ships.
  • 67. Lake Manitoba Canada Lakes entirely within the boundaries of one country are the exclusive property of that country.
  • 68. Canada United States The Great Lakes are subject to agreements between the United States and Canada.
  • 69. Panama Canal Passage through man-made canals is controlled by agreement of the countries concerned.
  • 70. In peacetime canals are open to the use of all nations’ ships, subject to a toll for the transit service.
  • 71. What percent of the world’s surface is considered high seas, free for the entire world to use in its commerce?
  • 72. 71 percent What percent of the world’s surface is considered high seas, free for the entire world to use in its commerce?
  • 73. Convention on Law of the Sea, 1994
  • 74. Law of the Sea Legal Regions
  • 76. Economic Zone The region extending beyond the 12-mile territorial sea to about 200 miles out
  • 77. Nations now claim exclusive jurisdiction over living and nonliving resources within 200 miles of their coasts.
  • 78. Factory Ship Lobster Boats Protection of Fishing Rights (most legal disputes since W.W. II)
  • 79. Ocean Surface Continental Shelf Continental Slope Abyssal Plain Sediment Base Continental Rise Ocean Floor
  • 80. Continental Shelf The part of a continent that is submerged in relatively shallow sea
  • 81. Nations want to assert their rights for exploration and exploitation of oil and minerals in the seabed.
  • 82. Continental Shelf as defined by Geneva Convention in 1964 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
  • 83. In excess of 100 billion barrels of oil lie under the U.S. continental shelf.
  • 84. The U.S. continental shelf, which extends 120 miles out, contains vast quantities of ores.
  • 85. Countries with continental shelves are in various stages of exploration and exploitation.
  • 86. Continental Shelf Convention specifies that a safety zone must be established around oil rigs up to a distance of 500 meters, for protection.
  • 87. The U.S. has proposed that the deep seabeds not be subject to any kind of claim by any state, but governed by international law.
  • 88. The law of the sea is today in a state of flux and development.
  • 89. The U.S. must take the lead in defending existing international legal rights and argue against any attempts to impose restrictions or bans in the following areas:
  • 90. The oceans must become a common area of understanding rather than an area of discord, if few are to advance our level of civilization.
  • 91. Q.1. How has international law of the sea evolved over the centuries?
  • 92. Q.1. How has international law of the sea evolved over the centuries? A.1. From both custom and treaty
  • 93. Q.2. Who was Hugo Grotius?
  • 94. Q.2. Who was Hugo Grotius? A.2. A 16th century Dutch publicist, regarded as the Father of International Law
  • 95. Q.3. Why was the territorial sea historically placed at 3 miles?
  • 96. 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.
  • 97. Q.4. What country was the first to claim a 12-mile exclusive fishing zone?
  • 98. Q.4. What country was the first to claim a 12-mile exclusive fishing zone? A.4. Imperial Russia
  • 99. Q.5. What conditions are part of the United States acceptance of the 12-mile limit?
  • 100. 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
  • 101. Q.6. What are the main precepts of the international law of the sea that have evolved over the centuries?
  • 102. 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
  • 103. Q.7. What is the main basis regarding the Law of the Sea that was stated by Hugo Grotius?
  • 104. 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
  • 105. Q.8. What are the four negative impacts that international legal rules and developments may have on Navy missions?
  • 106. 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
  • 107. 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
  • 108. Q.9. What is ―innocent passage?‖
  • 109. 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
  • 110. Q.10. What are some of the rules that a foreign vessel must observe when passing through the territorial waters of a coastal state?
  • 111. 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
  • 112. 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
  • 113. Q.11. What are the rules regarding submarine passage through territorial waters?
  • 114. Q.11. What are the rules regarding submarine passage through territorial waters? A.11. The submarine must transit a territorial sea while surfaced.
  • 115. Q.12. What are the rules regarding aircraft overflight of territorial water?
  • 116. Q.12. What are the rules regarding aircraft overflight of territorial water? A.12. Permission must be requested and granted prior to flight.
  • 117. Q.13. What is the difference between a gulf and a bay?
  • 118. 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.
  • 119. Q.14. What is the established convention on the width of the entrance of a bay for it to be considered internal?
  • 120. 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.
  • 121. 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?
  • 122. 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
  • 123. 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
  • 124. 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?
  • 125. 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
  • 126. Q.17. What is a national river?
  • 127. Q.17. What is a national river? A.17. Rivers that lie entirely within one country and are considered internal waters
  • 128. Q.18. Name some of the national rivers.
  • 129. Q.18. Name some of the national rivers. A.18. Potomac, Mississippi, Thames, Rhone
  • 130. Q.19. What constitutes an international river?
  • 131. 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.
  • 132. Q.20. What are the rules regarding transit on international rivers?
  • 133. 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.
  • 134. Q.21. What country has a treaty with the United States to set the boundaries in the Great Lakes?
  • 135. Q.21. What country has a treaty with the United States to set the boundaries in the Great Lakes? A.21. Canada
  • 136. Q.22. How is passage controlled through man made canals?
  • 137. Q.22. How is passage controlled through man made canals? A.22. By agreement of the countries most concerned
  • 138. Q.23. What is the definition of ―high seas?‖
  • 139. 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
  • 140. Q.24. What percentage of the world’s surface is classified as the ―high seas?‖
  • 141. Q.24. What percentage of the world’s surface is classified as the ―high seas?‖ A.24. Over 70 percent
  • 142. Q.25. What does the freedom of the high seas include?
  • 143. 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
  • 144. Q.26. What is the limit presently claimed by countries for living and nonliving resources in the seas?
  • 145. Q.26. What is the limit presently claimed by countries for living and nonliving resources in the seas? A.26. 200 miles
  • 146. Q.27. What is the area called that extends beyond the 12-mile territorial sea to about 200 miles?
  • 147. Q.27. What is the area called that extends beyond the 12-mile territorial sea to about 200 miles? A.27. Economic zone
  • 148. Q.28. What does the question of ―residuum of authority‖ mean?
  • 149. 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?
  • 150. Q.29. What is the definition of ―continental shelf?‖
  • 151. 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
  • 152. Q.30. What is the size of the safety zone established around structures in the sea, such as oil rigs?
  • 153. Q.30. What is the size of the safety zone established around structures in the sea, such as oil rigs? A.30. 500 meters
  • 154. Littoral (coastal) State A nation having at least one shoreline bordering on international waters
  • 155. Acquiescence Agreement or consent by silence or without objection
  • 156. Thalweg The geographic center of the deepest channel and forms the territorial boundary between nations
  • 157. Exploitation Rights The right to explore seabeds and use or their natural resources for profit
  • 158. Freedom of the high seas includes freedom to: • Conduct maritime commerce
  • 161. • Lay submarine cables and pipelines
  • 163. Ronald H. Brown (R104) • Undertake scientific research
  • 164. The world community of states has seen fit to establish a body of maritime law to ensure that freedom of the seas will apply equally to all.
  • 165. Every state has the right to grant its nationality to ships and has the right to sail them under its flag on the high seas.
  • 166. Current problem areas concerning the law of the sea include: • Economic zones • Self-defense rules • Exploitation of continental shelf and seabeds • Fisheries
  • 167. Underdeveloped coastal countries view the 200-nautical-mile exclusive economic zone as an answer to their economic problems.
  • 168. Residuum of Authority asks this question: 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?
  • 169. Beside navigational constraints on naval and merchant shipping, strict control of the economic zone could hinder naval scientific and oceanographic research.
  • 170. In a legal sense, the territorial sea is not a part of the high seas.
  • 171. A coastal state exercises exclusive jurisdiction—sovereignty—over its territorial seas.
  • 172. A sovereign state under the law can safeguard its existence both in its territorial seas and on the high seas.
  • 173. Freedom to fish on the high seas has been a part of customary international law.
  • 174. Long-range fishing fleets with factory ships serving as mother ships have depleted fish stocks of the world oceans.
  • 175. Conservation has become a fundamental concern for all nations of the world.
  • 176. Fishing is a valuable economic resource and countries, both developed and developing, are demanding a share of the world’s fisheries.
  • 177. Fair and intelligent agreements are necessary to satisfy the coastal states and the distant-water fishing nations.
  • 178. Superjacent Lying above or upon something else
  • 179. The territorial sea is an important area to 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
  • 181. • Navigation through or overflight of an economic zone
  • 182. • Innocent passage of warships through territorial waters, or advance notice for same
  • 183. • Submerged transit or overflight of straits
  • 184. • Entrance of naval vessels into semi-enclosed areas
  • 185. The law of the sea now recognizes that a coastal state exercises sovereign rights over its continental shelf for exploring and exploiting its natural resources.
  • 186. Ocean Surface Continental Shelf Continental Slope Abyssal Plain Sediment Base Continental Rise Ocean Floor The right of exploration is limited, however in that there can be no unjustifiable interference with the freedom of navigation, fishing, or scientific research.