Territorial sea historically set at 3 nautical miles, based on the range of the cannon
what are the two Complete Sovereignty Exceptions within the territorial sea? (#1)
innocent passage for vessels
what are the two Complete Sovereignty Exceptions within the territorial sea? (#1)
Right of assistance entry (force majure?)
where is the Territorial Sea Boundary?
12 nm from baseline
who made the territorial sea proclamation and when?
Territorial Sea Presidential Proclamation
Reagan issued proclamation extending territorial sea to 12nm (1988).
who made the contiguous zone proclamation and when?
Contiguous Zone Presidential Proclamation
Clinton issued a Presidential Proclamation extending the contiguous zone to 24 nm in 1999.
where does the Contiguous Zone start?
Contiguous Zone Boundaries
The contiguous zone starts at 12nm
where does the Contiguous Zone end?
to 24 nm out to sea.
All States enjoy the right of innocent passage through the territorial sea? (T/F)
True.
Innocent Passage
All States enjoy the right of innocent passage through the territorial sea.
All ships warships, enjoy the right of innocent passage, regardless of the cargo, means of propulsion, or purpose, within a foreign State’s territorial sea. (implicit b/c of the launching weapon/aircraft language)
Submerged submarines DO NOT have the right to innocent passage in territorial waters
what is the rule regarding warships and innocent passage in the territorial sea?
All ships warships, enjoy the right of innocent passage, regardless of the cargo, means of propulsion, or purpose, within a foreign State’s territorial sea. (implicit b/c of the launching weapon/aircraft language)
what is the rule regarding submarines and innocent passage in the territorial sea?
Submerged submarines DO NOT have the right to innocent passage in territorial waters
what are three ways a vessel contravene innocent passage? (Art 19) (#1)
Innocent Passage Contravention (Article 19)
conducting weapons exercises,
what are three ways a vessel contravene innocent passage? (Art 19) (#2)
launching / recovering a/c
what are three ways a vessel contravene innocent passage? (Art 19) (#3)
“any other activity not having a direct bearing on passage.”
Innocent Passage Permission (China & Iran)
China and Iran, have filed “understandings” or “declarations” that they may require prior notification or permission for foreign warships to enter their territorial sea.
what are Freedom of Navigation Operations?
Freedom of Navigation Operations
the U.S. periodically conducts “freedom of navigation” (FON) operations to assert its inclusive navigational rights.
The purpose of these transits (in Black Sea)are to exercise rights under the Montreux Convention that governs the Turkish straits, high seas navigational freedoms in the Black Sea, and, on occasion, the right of innocent passage through the territorial sea of countries bordering the Black Sea.
what was the purpose of the freedom of navigation operations?
to exercise rights under the Montreux Convention that governs the Turkish straits, high seas navigational freedoms in the Black Sea, and, on occasion, the right of innocent passage through the territorial sea of countries bordering the Black Sea.