IR and the Sea 2/24
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What is the difference between ships and boats?
- put a boat on ship
- boats don't have to fly flags
Why is it hard to supress piracy/
don't follow rules
boundaries of Maritime Jursidiction
- Inland waters
- Territorial Sea
- Contiguous Zone
- Exclusive Economic Zone
- continental Shelf
- wholly within land boundries
- no innocent passage
- own the airspaces as well
What year did the air space go from being out to space?
- sputnk pass and no one cared
- now space is for everyone
- defined to where the planes control doesn't work
How far out is the territorial sea
from baseline to 12 NM
how far out is the contiguous zone
from 12 NM to 14 NM
how far out is the exclusive economic zone
12NM to 200NM
- equidistance method most common between adjacent or opposite states
- historic fishing rights founded on "vital needs of population" may affect lines
- "special cericumstances" also a factor
contenental shelf and exclusive economic zone
- boundries to be determined "by agreement"
- for shelp: "equitable solution" and "relevent circumstances" to rule
How are disputes arising before signing the LOS handled?
no obligation for 3rd party resolution
how are disputes handeled after signing LOS?
3rd party resolution mandatory
How does territorial and land territory differe
- must be continuous and expeditious
- a vessel may stop for navigation purposes
- "force majeure"
- a vessel may give assistance to those in distress
Innocent passage 'no-no's'
- Threat or use of force
- practice with weapons
- collecting intelligence info
- launching/recovering aircraft or military devices
- research or survey
- interfering with communications
- any activity not bearing directly on passage
Coastal states - innocent passage
- may verify nature of passage
- may temporarily suspend passage in some areas - testing guns
- may impose certain restictions and establish transit lanes
- normally no criminal jurisdiction
Innocent passage and warships
- submarines must transit on surface
- nuclear powered hsips may be restricted to transit lanes (but what if carrying nuclear weapons)
- no right to passage in overhead airspace
transit of straites
- right to pass through straits used for international navigation is widely protected
- suspension of transit and discrimination against states is not permitted
- right does not exist when open ocean transit possible
Straites of Malaccaq
- super busy
- put transit lanes into effect
- radio frequency
- ships big and don't turn on a dime
- GPS a big help - tell you where evyerhting is
coastal states may enfroce custmes, fiscal, immigration, or sanitary lawas in the zone
how far out is the high seas
after 350 NM
- 12-200 NM "superadjacent waters"
- coasta state has two responsibilites: prevent over explotation
- preserve resources of small states
- some states try to limit all research in EEZ
- are EEZ's a prelude ot plitical control?
What would you like to do?
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