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Internal Water Territorial Sea Contiguous Zone Continental Shelf Exclusive Economic Zone High Sea The Area
INTERNAL WATERS
Inclusive of waters on the landward side of the baseline of the territorial sea of a State Consists of :
Ports & Harbours Lakes , Rivers & Canals And waters as defined prior to the 1982 LOSC
Absolute sovereignty of the State In the absence of treaty or other agreement, no right of passage, innocent or otherwise exists for foreign vessels in internal waters
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Sovereignty status Total sovereignty over all waters on the landward side of the baseline. Coastal States free to set its own laws, use any resource. Foreign vessels have no right of passage. Foreign vessel must seek permission and passage allowed after positive clear consent is given
The sovereign rights over the internal water is sucjected to UNCLOS in Article 8 ( 2)
If that water has not been part of the designated internal water of the state If the internal water is part of the rights of innocent passage provided under the 1982 UNCLOS.
Art 8(2)
Only apply
On measurement of straight baseline The water collumn has not been encounter yet in the present internal water measurement Innocent passage Rights already existed under the Convention
Internal Waters: Sea landward of the baseline where the State has full sovereign authority
Territorial Sea: Sea from the baseline to the 12 mile limit where State has full sovereign authority subject to rights of innocent passage
INTERNAL WATERS
Inclusive of waters on the landward side of the baseline of the territorial sea of a State Consists of :
Ports & Harbours Lakes , Rivers & Canals And waters as defined prior to the 1982 LOSC
Wildenhus case
120 U.S 1 (1887) It is part of the law of civilised nations that when a merchant vessel of one country enters the ports of another for the purpose of trade, it subjects itself to the law of the place to which it goes, Unless by the treaty or otherwise the two countries have come to some different understanding or agreement.
Modification
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Two modifications:
Immunity from enforcement jurisdiction: Vessels in ports of refuge Warships Discretionary use of enforcement jurisdiction:
The state should only use it in matters that does not affect the peace and good order of the port: Certain serious crimes When requested by master and consulate Involves a non-crew member Technical, sanitarian, fiscal, custom legislation
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Jurisdiction II A right to leave port? Linked to the jurisdiction of the state: e.g. seaworthiness Safeguards? Extended jurisdiction:
Exercise of jurisdiction for activities beyond the internal waters:
Violations in its territorial sea and EEZ Continuous violations (e.g. stricter regulations on construction) Violations on the high seas or in the EEZ or territorial sea of another state
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BASELINE
18 MARCH 2013
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Lakes, canals, rivers, ports and other waters inside the baseline (Article 8)
BASELINE
Up to 12 nautical miles
SEA
Continental Shelf (Article 76, Paragraph 1)
Up to 24 nautical miles
In exceptional circumstances given in Article 76, Paragraphs 3-6 AREA (Article 1, Paragraph 1; Article 134, Paragraph 3) The Area stars where the jurisdiction of the coastal state over the continental shelf ends (Article 76) The Area beyond 200 nautical miles is subject contributions to the Sea-bed Authority (Article 82)
Up to 350 nautical miles or not more than 100 nautical miles from the 2,500 meter isobath depth line HIGH SEAS (Article 86)
-If an exclusive economic Zone is established, the high seas start at the outer limits of the Zone (Article 86)
- otherwise, they begin from the outer limits of the territorial sea (Article 86) - A contiguous Zone alone does not affect the status as high seas 18
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STRAIGHT BASELINE
INDENTED COASTLINE & FRINGING ISLAND
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STRAIGHT BASELINES
BASELINE BASELINE
INDENTED COASTLINE
FRINGING ISLANDS
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LEGAL BAYS
SEMI-CIRCLE TEST
< or = 24NM ACROSS AREA BAY > AREA SEMI-CIRCLE
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HISTORIC BAYS
MEDITERRANEAN SEA
TRIPOLI
32 DEG 30 MIN
GULF OF SIDRA
BENGHAZI
LIBYA
100NM
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INTERNAL WATER
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INTERNAL WATERS
Inclusive of waters on the landward side of the baseline of the territorial sea of a State Consists of :
Ports & Harbours Lakes , Rivers & Canals And waters as defined prior to the 1982 LOSC
Absolute sovereignty of the State In the absence of treaty or other agreement, no right of passage, innocent or otherwise exists for foreign vessels in internal waters
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Internal waters
Covers all waters on the landward side of the baseline. Coastal States free to set laws, use any resource. Foreign vessels have no right of passage.
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Internal Waters: Sea landward of the baseline where the State has full sovereign authority
Territorial Sea: Sea from the baseline to the 12 mile limit where State has full sovereign authority subject to rights of innocent passage
INTERNAL WATERS
Inclusive of waters on the landward side of the baseline of the territorial sea of a State Consists of :
Ports & Harbours Lakes , Rivers & Canals And waters as defined prior to the 1982 LOSC
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Wildenhus case
120 U.S 1 (1887) It is part of the law of civilised nations that when a merchant vessel of one country enters the ports of another for the purpose of trade, it subjects itself to the law of the place to which it goes, Unless by the treaty or otherwise the two countries have come to some different understanding or agreement.
Modification
36
Two modifications:
Immunity from enforcement jurisdiction: Vessels in ports of refuge Warships Discretionary use of enforcement jurisdiction:
The state should only use it in matters that does not affect the peace and good order of the port: Certain serious crimes When requested by master and consulate Involves a non-crew member Technical, sanitarian, fiscal, custom legislation
37
Jurisdiction II A right to leave port? Linked to the jurisdiction of the state: e.g. seaworthiness Safeguards? Extended jurisdiction:
Exercise of jurisdiction for activities beyond the internal waters:
Violations in its territorial sea and EEZ Continuous violations (e.g. stricter regulations on construction) Violations on the high seas or in the EEZ or territorial sea of another state
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TERRITORIAL WATERS
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Territorial Waters
Continental Shelf
453,186.18 km2 174, 979.43 bn2 4492 km 1737 km (Semenanjung) 2755 km (Sabah dan Sarawak) 1:2
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Coastline
4 major seas Straits of Malacca, South China, Sulu Sea and Celebes Sea + Strait of Johor Sea lane of Communication (SLOC) Straits of Malacca and South China Sea
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LEGISLATIVE INSTRUMENTS
Continental Shelf Act 1966 Proclamation of EEZ Act 1980 EEZ Act 1984 Fisheries Act 1985 Petroleum Mining Act 1966 Environmental Quality Act 1974 Merchant Shipping Act 1952 MMEA Act 2004
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Territorial waters are all waters within the jurisdictional limits set by international law to an independent state inclosed waters:
Rivers lakes and other inland waters wholly within the boundaries of a state;
Origin
if the boundaries of a state are rivers or lakes or other inland waters, unless one of the riparian states has a good title to the whole bed of the same, bounding non-navigable rivers to the middle of such streams, bounding navigable rivers to the middle of their deepest channel, and bounding lakes and other inland waters to the middle of the same;
And includes ports, bays, straits, sounds or arms of the sea within (intra fauces) headlands belonging to the same state not more than two marine leagues apart
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Exclusive Jurisdiction
Although a state is entitled to exclusive jurisdiction both civil and criminal, over its territorial waters, usage gives a concurrent criminal jurisdiction over offenses committed on foreign vessels in such waters to the states to which such vessels belong
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Exception
the state entitled to exclusive criminal jurisdiction will not exercise it in such cases, the parties being exclusively foreign, unless its authority is invoked, or unless the peace of the country is disturbed.
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Jurisdiction extended
During the sixteenth and seventeenth centuries assertions of proprietary rights based upon prescription, or discovery, or police services, or papal grant, over the open sea, were general, and were maintained with varying success
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The state possesses both the jurisdictional right to regulate, police, and adjudicate the territorial waters and the proprietary right to control and exploit natural resources in those waters and exclude others from them. The legal status of territorial waters also extends to the seabed and subsoil under them and to the airspace above them.
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Modern Definition
LOSC 1982 a belt of coastal water extending at most 12 nm from the baseline (usually the low-water mark) of a coastal state. The territorial sea is regarded as the sovereign territory of a state, although foreign sips ( both military and civilian) are allowed innocent passage through it This sovereignty also extends to the airspace over and seabed below
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Territorial Waters
Belt of waters 12 nautical miles from the baseline. Within the area coastal State free to legislate and use any resource. Vessels given the right of innocent passage.
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TRANSIT PASSAGE
International Straits With Overlapping Territorial Seas Normal Mode Of Operation:
Submerged Transits Permitted For Submarines Formation Steaming Permitted Warships May Launch And Recover Aircraft
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INNOCENT PASSAGE
Must not be prejudicial to peace, good order, or security. Must be continuous, expeditious, and on the surface. Prohibitions:
Launching/landing any aircraft or military device. Exercises involving any weapons. Any activity not having a direct bearing on passage Stopping/Anchoring permitted only as required for safety of navigation.
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Innocent Passage
A passage through the territorial seas. It must be continuous and expeditious
can anchor if incident to normal navigation Must show flag Subs must be surfaced State has the right to regulate No flight ops
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Innocent Passage
The right of innocent passage is a wellestablished rule and constitutes a part of the territorial sea regime. However, while there is a uniform State practice in innocent passage for merchant ships, whether the right of innocent passage should be accorded to warships remains a controversial issue.
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They can do anything to prevent you from making a noninnocent passage Coastal State can make laws and regulations regarding innocent passages What about joint statement of two agreeing state on Innocent passage? 72
Innocent Passage-State Practice The Commanders Handbook on the Law of Naval Operations lists 27 States which require prior permission and 12 other require prior notification.
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Problem
Jackson Hole Joint Statement on the Law Governing Innocent Passage Rules
1989 agreement by the USSR and US that their two governments are guided by UNCLOS. Their uniform interpretation recognized that the relevant rules governing innocent passage of ships in the territorial sea are stated in UNCLOS, and that neither prior notification nor authorization is required.
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Prior Notification Is not Part of the Territorial Sea Regime in LOSC 1982
The issue of prior notification was discussed and rejected throughout UNCLOS III. Prior notification appears 81 times in 51 Conference documents, including both Summary Records of the Plenary of the Conference and of the Second Committee (responsible for navigational issues) meetings. The term appears 16 times in all of the Summary Records of the 2nd Committee meetings.
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Chinese Practice
The head of the Chinese delegation stated
there were still shortcomings and even serious defects in the provisions of quite a few articles in the Convention. For example, the provisions on innocent passage through the territorial sea did not make clear the regime of passage of warships through the territorial sea.
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Chinese Practice
When China ratified LOSC 1982 in 1996, it made the following statement:
The provisions of the UN Convention on the Law of the Sea concerning innocent passage through the territorial sea shall not prejudice the right of a coastal State to request, in accordance with its laws and regulations, a foreign State to obtain advance approval from or give prior notification to the coastal State for the passage of its warships through the territorial sea of the coastal State
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Chinese Practice
Chinas 1992 Law on the Territorial Sea and the Contiguous Zone contains several important provisions on innocent passage.
Foreign ships for non-military purposes shall enjoy the right of innocent passage Foreign ships used for military purposes shall be subject to permission of the Chinese Government before entering the territorial sea Foreign submarines and other underwater vehicles, when passing through the territorial sea, shall navigate on the surface and show their flag oreign nuclear-powered ships and ships carrying nuclear, noxious or other dangerous substances, when passing through the territorial sea, must carry relevant documents and take special precautionary measures.
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Chinese Practice
Reports about the implementation of Chinas requirement of prior permission are rare.
There is one media report: on 17 April 2001, Australia sent three warships to go through the Taiwan Strait. The Australian flotilla, having been asked to leave by the Chinese captain who accused them of breaching Chinas sea boundaries, refused to change their direction and continued through the strait. While the Australian side alleged that this act was undertaken quite properly and fully in accordance with international law, it was regarded by the Chinese as breach of Chinese laws and intrusion of Chinese waters.
Though it is not known where the Australian warships were exactly sailing, it was indicated that they were passing through Chinas territorial sea in the Taiwan Strait.
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CONTINUE
THE RIGHT OF FOREIGN NATIONALS IN INTERNAL WATERS AND THE TERRITORIAL SEA
ACTIVITY
Navigation
INTERNAL WATERS
Convention not applicable except where establishment of baseline encloses new internal waters (Article 8, Paragraph 2)
TERRITORIAL SEA
Convention applicable with regard to -Innocent passage of merchant vessels -Innocent passage of warships (Articles 17-26,29-32)
Overflight Fishing
Scientific Research
Consent of coastal state required; conducted on conditions set by coastal state (Article 245) Convention not applicable
Mining
Only by coastal state (Article 21, 192 and following): must not hamper innocent passage (Article 211, 83 Paragraph 4) Warships (Article 236)