Law Of The Sea Intro Real

Law of the seas

History • 17 th Century – Freedom of the seas concept – National rights- 3 nautical miles from coastline

• 20th Century

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– Some states wanted to extend their claim to the sea ex.: U.S, Argentina, Ecuador, Peru, Chile (200 nm) –

History • 1967 – 25 nations still use the 3 n.mile limit – 66 nations are using the 12 n. mile limit – 8 nations are using 200 n. mile limit

• 2008 – Only two countries are left using the 3 nautical mile limit. –

Introduction to Law of the Sea § Customary law § Codified in four 1958 Geneva Convention: § 1958 Geneva Convention on the Territorial Sea § 1958 Convention on the Continental Shelf § 1958 Convention on High Seas § Convention on Fishing and conservation of the Living Resources of the High Seas

§ 1982-UNCLOS or LOST (Law of the

UNCLOS § Entry into force: Nov. 16, 1994 § Ratified by 130 states as of 2005.

     ratified          signed, but not yet ratified (US, Afghanistan,cambodia, colombia)          did not sign (ecuador, peru, venezuela, israel)

UNCLOS § Has 320 articles and 9 annexes governing all aspects of ocean space- delimitation, environmental control, marine scientific research, economic and commercial activities, transfer of technology and the settlement of disputes relating to ocean matters. § § Part XII of the Convention (articles 192 - 237) addresses Protection and Preservation of the Marine

Ocean Space delimit

Settlement of Disputes • United Nations Convention on the Law of the Sea requires that States Parties to the Convention settle any dispute between them concerning the interpretation or application of the Convention by peaceful means

• How can disputes arise? – Coastal state has exceed its rights and powers for the protection and preservation of the environment. – Non compliance with the

Settlement of Disputes • Tribunal for Law of the Sea • International Court of Justice • Special Arbitral Tribunals

International Tribunal for Law of the Sea • • • Deals with the interpretation and application of the provisions of the Convention esp. regarding the protection of the environment. • Can deal w/ questions of liability and compensation for damage. • Seabed disputes ( bec. Of seabed dispute chamber)

UNCLOS 

Law of the Sea also defined the rights and duties of coastal and flag states in differentmaritime areas.

Rights and duties of the states Different Maritme Areas 

Different Maritime Areas  Internal Waters § Parts of the sea within land territory/inland waters § Bays, ports,rivers and lakes § Full sovereignty of states and full legislative and executive jurisdiction  Territorial Sea§ lies in the seaward side of the baseline. § 12 nautical miles § Sovereignty of coastal states

Different Maritime Areas  Contiguos Zone § States can excersise control/powers but in limited amount only.

  EEZ or Exclusive Economic Zone § 200 nautical mi from the baseline § Rights of coastal states include exploration, exploitation, conservation and management of natural

Different Maritime Areas  Continental Shelf § Submerged portion of the continents § States can explore and exploit their continental shelves § 200 nautical mi. § Coastal states have no duty to protect and conserve living resources of the continental shelf but can adopt and enforce laws so that they can be protected from pollution

Different Maritime Areas 

 High Seas  Waters that lie seaward of territorial sea § Freedom of the high seas regime § Free use of flag states § Freedom to construct articficial islands § Installations and freedom of scientific research

§ Rights of flag states are limited by the rights of coastal states.  

Different Maritime Areas  Area § Seabed and ocean floor beyond the limits of national jurisdiction . § Resources: solid, liquid and gaseous § COMMON HERITAGE OF MANKIND 

EEZ Contiguous zone Internal waters Territorial Sea High Seas

Continental Shelf

Area

Duties/ obligations of States • States have the obligation to protect and preserve the marine environment. • States have the sovereign right to expolit their natural resources pursuant to their environmental policies

Duties/ obligations of States 1.Duty to take measures to combat pollution § Must not respond by transferring the damage,hazard to another area or transforming pollution to another kind.

2.Duty to cooperate § On global basis and with international org. § Notifying other states of actual or imment danger

Duties/ obligations of States 3. States should establish global and regional standards and goals to prevent, controll and reduce pollution

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4. States to implement standards

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