Territorial sea historically set at 3 nautical miles, based on the range of the cannon
Sovereignty & the coastal state
The coastal State has complete sovereignty over the water, air space, and sea floor in its territorial sea
(2) Complete Sovereignty Exceptions
innocent passage for vessels
Right of assistance entry (force majure?)
what is the territorial Sea Boundary?
12 nm from baseline
what is the territorial Sea Boundary?
12 nm from baseline
Coastal State Sovereignty Diminishes
as you move from territorial sea to continguous zone, to EEZ, the coastal state loses some of its sovereignty until the EEZ & continental shelf it has practically none left.
who made the Territorial Sea Presidential Proclamation and when?
Reagan issued proclamation extending territorial sea to 12nm (1988).
who issued the Contiguous Zone Presidential Proclamation and when?
Clinton issued a Presidential Proclamation extending the contiguous zone to 24 nm in 1999.
what are the Contiguous Zone Boundaries?
from 12 to 24 nm
what is Innocent Passage?
All States enjoy the right of innocent passage through the territorial sea.
Innocent passage for warships rule
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)
Innocent passage for submarines rule
Submerged submarines DO NOT have the right to innocent passage in territorial waters
“any other activity not having a direct bearing on passage.”
Innocent Passage Permission
China and Iran, have filed “understandings” or “declarations” that they may require prior notification or permission for foreign warships to enter their territorial sea.
Freedom of Navigation Operations
he U.S. periodically conducts “freedom of navigation” (FON) operations to assert its inclusive navigational rights.
purpose of freedom of navigation operations
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 ships were involved in the Bumping Incident?
USS Yorktown and USS Caron (1988)
what was the bumping incident?
when a russian ship bumped the two vessels USS Carron and USS Yorktown in the Black Sea while they were engaged in Freedom of Navigation Operations
what was Soviet Response to Bumping Incident?
The Soviet Union quickly filed a diplomatic protest with American authorities,
Americans who responded with an appropriate defense of the actions of the Navy ships.
Jackson Hole Agreement
Signed in response to the Bumping Incident to prevent these problems
what did the Jackson Hole Agreement say?
States may not hamper the right of innocent passage (through territorial waters)
Article 19 is an exhaustive list of ways to contravene innocent passage? (T/F)
True.
This is the US view.
subs during innocent passage?
foreign submarines must transit on the surface and must fly their national ensign (Art. 20)
aircraft and innocent passage
No right of "innocent overflight"
)
Aircraft Overflight Aircraft normally must have permission to fly over the territorial sea of another State? (T/F)
true
what is the exception to innocent overflight?
Exception: in an emergency where landing at the nearest airfield is necessary (EP-3 Landed in China in 2001
what is an exception to innocent passage in territorial waters?
Traffic Separation Schemes (Art 22)
what are traffic separation schemes?
States can require that vessels use approved sea lanes and traffic separation schemes (Art. 22) to prevent collisions in high traffic areas.
what must Nuclear–powered ships and ships carrying hazardous cargoes do?
“carry documents” and observe special precautionary measures . . . .” (Art. 23)
three coastal state duties regarding navigation. (#1)
Must warn about any navigational hazards within its territorial sea
three coastal state duties regarding navigation. (#2)
Establish and maintain a system of navigational aids, such as charts, lighthouses, and buoys.
.
three coastal state duties regarding navigation. (#3)
must have a system in place to provide emergency rescue services to mariners in distress within its territorial sea
Five Temporary Closure of Territorial Sea Rules (Art 25) (#1)
States may, temporarily suspend innocent passage in its territorial sea, if necessary for national security
Five Temporary Closure of Territorial Sea Rules (Art 25) (#2)
The closure cannot be discriminatory (i.e. targets a particular country's vessels)
Five Temporary Closure of Territorial Sea Rules (Art 25) (#3)
can be Used to close off areas for weapons exercises
Five Temporary Closure of Territorial Sea Rules (Art 25) (#4)
Can't be for an extended period
Five Temporary Closure of Territorial Sea Rules (Art 25) (#5)
long Can't be an unreasonably large area
what is the Emergency Rights of Vessels?
Entry to seek safe haven in times of distress
three elements of Right of Assistance Entry (RAE) (Art 18(2)) (#1)
right to enter to render necessary assistance when the coastal State is not able to do so
three elements of Right of Assistance Entry (RAE) (Art 18(2)) (#2)
location of those at risk must be known – no right to enter to conduct searches
three elements of Right of Assistance Entry (RAE) (Art 18(2)) (#3)
extends to rescue operations by aircraft, if necessary to save lives (U.S. view)
does the right of assistance entry allow for ships to search for people?
no.
there must be reasonable knowledge of where the people are, cannot initiate a search in the territorial waters of another country.
what are some strategic international straits?
dover Strait
Bab el Mandeb,
Strait of Hormuz
Straits of Malacca
Sunda Strait
Torres Strait
Strait of Gibraltar
International Straits - two things (#1)
Can be used for international navigation and overflight.
International Straits - two things (#2)
LOS convention established transit passage through these
is there international transit passage through strategic straits?
LOS convention established transit passage through these
what was the purpose of sending UK ships through Corfu Channel?
the British Navy, in attempting to ensure its navigational rights through this politically sensitive area, conducted a mission that required that it pass, in innocent passage, through the Northern Corfu Channel.
Corfu Channel holding
The court said UK violated international law by sweeping the channel for mine
Contiguous Zone Definition
The zone between 12nm and 24nm
what can the coastal state do in the continguous zone?
The coastal State may prevent and punish infringements of fiscal, immigration, sanitation, and customs laws within the territorial sea. Art. 33(1). (FISCA)
