Territorial Sea

Territorial Sea

– sdsd

Belt of Sea outward from the baseline and up to 12 Nautical Miles beyond (Under
the UNCLOS)
 Territorial Sea
•Exception: Neighboring Littoral state would result to an overlap.
•Equidistant rule – Dividing line is a median line equidistant from the opposite
baselines.
•Exception: Historic Title and other special circumstances
 Territorial Sea
Drawing a Baseline

Normal Baseline
•Follows the low-water line along the coast as marked on large-scale charts
officially recognize by the coastal state.
 Territorial Sea
Straight Baseline
•Used by archipelagic states. Connecting selected points on the coast without
appreciable departure from the general shape of the coast
 Territorial Sea
Sovereignty of the state
Exception: Right of Innocent Passage by other state
•Navigation through waters in an expeditious and continuous manner.
•Not prejudicial to the peace, good order or security of the coastal state.

Passage that are not innocent: fishing, polluting, weapon practice, spying, etc.
 Territorial Sea
UNCLOS (United Nations Convention on the Law Of The Seas)

Merchant Ship and Gov't Ship Operated for Commercial Purpose

Criminal Jurisdiction Civil Jurisdiction

Territorial Cannot Exercise Jurisduction Cannot Exercise Jurisdiction
Sea - Arrest - Stop or divert ship
- Conduct Investigation - Cannot levy execution or arrest

Exception - Cosnequences Extend to Coastal - Liabilities incurred by the ship in course of

State voyage
- Disturb peace or good order
- Assistance requested
- Suppress illicit substances
Territorial Sea
Cases
The Gulf Of Sidra Incidents
 The Gulf Of Sidra Incidents
Issue:

Whether Libya’s claim under the historic bay doctrine is valid?

 The Gulf Of Sidra Incidents
Ruling: (No. Not Valid)
•Historic bay does not apply to both the 1958 Territorial Sea
Convention and the 1982 Law of he Sea convention
•Under existing laws, a coastal state is entitled to enclose as
internal water a bay whose entrance does not exceed 24 miles.
Libyan line exceeds the maximum permissible closing line.
•Libya’s claim cannot be justified in International Law, for it has not
offered evidence to substantiate its claim.

Doctrine of Historic bays: Claims to historic water in general are relics

of an older and largely obsolete regime. The International community
might still be willing to consider of such claim (exceptional
circumstances), it has rejected attempts to establish new maritime
claims of extravagant character since such claim encroach on what
otherwise would be considered the common domain of international
community.
 The Gulf Of Sidra Incidents
• Under the Convention on the High Seas.
– High Seas being open to all nations. No state may validly purport to
subject any part of them to its sovereignty.
Anglo-Norwegian Fisheries (1951)
 Anglo-Norwegian Fisheries (1951)
Issue

Whether the delimitation made by Norway is valid?

 Anglo-Norwegian Fisheries (1951)
Ruling: Yes it is valid.
• Delimitation of sea areas has always an international aspect
and cannot be dependent upon the will of the coastal state as
expressed on it municipal law.
• Delimitation is a unilateral act and only the coastal state is
competent to undertake it, it’s validity with regards to other
state depends upon international law.
• The geographical realities and historic control of the
Norwegian coast contributed and considered to the final
decision of the ICJ.
– The coast of Norway is too indented and is an exception under
international law from the 3 miles territorial water rule.
– The sunds along the coastline which have the characteristic of a bay or
legal straits should be considered Norwegian for historical reasons
that the territorial sea is measured from the line of low water mark.
 Anglo-Norwegian Fisheries (1951)
• Norway had the right to clam a 4 mile belt of territorial sea.
• There is one consideration that goes beyond the geographical
factor. That of certain economic interest peculiar to a region,
the reality and importance of which are clearly evidenced by
long usage
El Salvador Vs. Honduras (1992)
 El Salvador Vs. Honduras (1992)
Issue

Whether Sovereignty over the Gulf of Fonseca belongs

to a specific state in the case?
 El Salvador Vs. Honduras (1992)
Ruling: No
• The Gulf was not a single state bay but constituted as a
historical bay which is not defined on any convention, thus
decision shall be base on customary international law.
• Base on the Central American Court of Justice of 1917, the
Gulf of Fonseca constitute a “close sea” belonging to all 3
coastal states communally
– Exception: 3 mile zone established unilaterally by each coastal state
• The Gulf had been a single state bay belonging to Spain
but on the time of independence no boundaries were
delimited and thus water remained undivided.
• The Gulf was a case of historic waters whereby 3
coastal state had succeeded to communal sovereignty.
• The communal succession was a logical consequence
of the uti possidetis juris principle as to the sovereignty
of the Gulf.
US Vs. California (1965)
 US Vs. California (1965)
Issue:

Whether the Federal government has

jurisdiction or owns over the California coast
within the 3-mile belt?
 US Vs. California (1965)
Ruling: No
• The Federal government owns and has exclusive
jurisdiction over such beyond the 3 miles
seaward from the coastline.
• California owns and has exclusive jurisdiction
over such within 3 miles or the tidelands along
the coast.
• Adopting the meaning of inland water in terms of
the convention definition. With a 24-mile
maximum closing line for bays and a semi circle
test for the sufficiency of the water area
enclosed. Has provide stability and definiteness
to the rights granted in the act.
US Vs. Louisiana (1969)
 US Vs. Louisiana (1969)
Issue:

Whether the definition of US of inland water

should prevail over Louisiana?
 US Vs. Louisiana (1969)
Ruling: Yes
• Sustaining the definition under the US Vs. California
case. The court held that the convention’s definition
were the best and most workable
• The same was adopted for the purposes of the
submerge land act.
• “the line of ordinary low water along that portion of
the coast which is in direct contact with the open sea
and the line marking the seaward limit of inland
waters.”
• The US has decided not to draw straight baselines
along the Louisiana coast.
• The court leaves the special master the task of
determining whether any of Louisiana’s water are
“historic bays”