UNCLOS | Territorial Waters | Exclusive Economic Zone

UNCLOS

By Wan Mariam Wan Abdullah Department of Maritime Management

EXISTING PRACTICES Territorial sea -cannon shot rule established 3 nm ( 1 nm = 1.852 metre) ²he who can dominate the sea with artillery placed on the coast satisfies the criterion of effective occupation Freedom of navigation and fishing in the high seas Fishery jurisdiction Contiguous zone for custom authorities against smuggling vessels .

INTERNATIONAL LAW COMMISSION Established by the United Nations To study and codify an international regulation governing the ocean .

THE FRANCONIA (R. Issues: a) whether the act had occurred within the body of the country of England? Held: the territory of England ends at the low-water mark. KEYN) Facts: The commander of a foreign ship. V. the Franconia. was indicted for manslaughter before the Central Criminal Court arising from the loss of life on a British ship which was run down and sunk by the Franconia within 3 miles of the Port of Dover. . He was a German national and his ship was on a voyage to a foreign country and merely passing through English territorial waters at the time of the collision.

1. THE HAGUE CODIFICATION 1930 Territorial waters Codification of practices from every State .

hot pursuit from TW to High Seas. TW around an island Rights and Duties Sovereignty over the territorial water .SIGNIFICANT DISCUSSION Territorial breadth Criteria of Baselines TW at Straits.

and the consideration is not solely on geographical factors. it must follow the ´general direction of the coast.µ Conclusion: baselines must be determined in reference to the geographical factors.THE ANGLO-NORWEGIAN FISHERIES CASE Facts: Norway drew its baseline by connecting 48 base points on the extremist of the islands and headland of the coast. but certain economic interest peculiar to a region. Held: the general rule was that the baseline must bear some relationship to the coast. Issue: Whether Norway·s action was in contradict with the international law of the sea. . The United Kingdom argued that existing international law for the baseline is low-water mark.

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Four Conventions on the law of the sea have been drafted: The Convention on Fishing and Conservation of the Living Resources of the High Seas The Convention on the Continental Shelf .2. UNCLOS I Another report was presented to the General Assembly 1957 by the ILC The Convention on the Territorial Sea and the Contiguous Zone. The Convention on the High Seas.

continental shelf ‡ Delimitation principles ² equidistant line. contiguous zone. fishery zone.introduction of straight baselines ‡ Establishment of more territorial jurisdictions.Other significant features: ‡ Baselines systems . territorial waters. adjustable by special circumstances ‡ Recognition of historic bays and historic waters ‡ Islands and archipelagos ‡ Distinction between internal water and territorial water ‡ Bays ‡ Straits .

STRAIGHT BASELINES .

10 claimed more than that ² Latin America claimed 200 miles.DISCREPANCIES No specific limit of the territorial sea. continental shelf. (42 states claimed 12 miles. 33 claimed 3 miles ² 13 claimed extra 12 miles for exclsuive fishery) The 1960 Conference failed to unanimously agree on the limit of the territorial water . contiguous zone.

right of visit. flag state·s responsibility.3. countering piracy. It provides principles and norms for navigational rights and freedoms. hot pursuit. . UNCLOS III The constitution for the oceans and the basis for the jurisdiction that a country may exercise at sea in its various role as a coastal . protection of marine environment. regional cooperation and settlement of disputes. It sets out the right and duties of a state with regard to the various uses of the oceans and prescribes the regime of maritime zones that establishes the nature of State sovereignty and sovereign rights over the ocean space and resources. marine scientific research. Port or a flag State.

archipelagic status and transit regimes. Exclusive Economic Zones (EEZs). Introduces External Continental Shelf Part XI and the 1994 Agreement. . Set territorial limits.CONT Took place from 1973 through 1982 Came into force in 1994. It establishes an International Seabed Authority (ISA) to authorize seabed exploration and mining and collect and distribute the seabed mining royalty. a regime relating to minerals on the seabed outside any state's territorial waters or EEZ (Exclusive Economic Zones). protection of the marine environment. and settlement of disputes. deep seabed mining. scientific research. navigation. the exploitation regime. a year after Guyana became the 60th state to sign the treaty. continental shelf jurisdiction.

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