National Security - EEZ & Continental Shelf

Card Set Information

Author:
Anonymous
ID:
78287
Filename:
National Security - EEZ & Continental Shelf
Updated:
2011-04-08 11:23:01
Tags:
law national security
Folders:

Description:
EEZ & Continental Shelf
Show Answers:

Home > Flashcards > Print Preview

The flashcards below were created by user Anonymous on FreezingBlue Flashcards. What would you like to do?


  1. How many miles beyond the baseline does the EEZ extend? (Art 57)
    Exclusive Economic Zone (Art 57)

    shall not exceed beyond 200 nautical miles from the baselines
  2. Is the EEZ legal regime is where exclusive and inclusive policy considerations merge most? (T/F)
    True

    The EEZ legal regime is where exclusive and inclusive policy considerations merge most
  3. The LOS Convention expands the original fisheries jurisdiction to include what? Z.
    The LOS Convention expands the original fisheries jurisdiction to include control over all resources within the EEZ.
  4. what is the other high seas freedom for other nations?
    the authority to conduct military exercises within the EEZ outside the limits of a coastal state’s claimed territorial sea are unfettered
  5. what are the Exclusive Rights under (Art 56(1)(a)), i.e. the coastal state has 100% sovereign rights within the EEZ to do what? (3 things) #1
    Exploring and exploiting, conserving and managing EEZ natural resources;
  6. what are the Exclusive Rights under (Art 56(1)(a)), i.e. the coastal state has 100% sovereign rights within the EEZ to do what? (3 things) #2
    This includes living and non-living resources in the water column, on and within the seabed and its subsoil;
  7. what are the Exclusive Rights under (Art 56(1)(a)), i.e. the coastal state has 100% sovereign rights within the EEZ to do what? (3 things) #3
    Economic exploitation and exploration, such as energy production.
  8. what does the coastal State have jurisdiction over? (Article 56 1 (b)) (3 things) #1
    Artificial islands, installations and structures;
  9. what does the coastal State have jurisdiction over? (Article 56 1 (b)) (3 things) #2
    Marine scientific research (Not Military Surveys)
  10. what does the coastal State have jurisdiction over? (Article 56 1 (b)) (3 things) #3
    protection of the environment
  11. what is the import of article Art 56 and 58?
    States are req'd to act with “due regard.’
  12. what are the EEZ Inclusive Rights? (3 things) #1
    Coastal State must not restrict freedoms of navigation
  13. what are the EEZ Inclusive Rights? (3 things) #2
    overflight
  14. what are the EEZ Inclusive Rights? (3 things) #3
    coastal state may not restrict high seas freedoms
  15. what do some states protest to occurring in their EEZ?
    Some States contend that military surveillance activities, for example, may not be conducted in the EEZ.
  16. which two states seek to prohibit all operations within the EEZ to which they have not expressly consented?
    brazil and Iran are two states that seek to prohibit all operations within the EEZ to which they have not expressly consented.
  17. how to resolve a conflict between Exclusive and Inclusive uses? (Art 59)
    the conflict should be resolved “on the basis of equity and in light of all the relevant circumstances.”
  18. what are the freedoms within EEZ? (all states enjoy) (Art 58) 2 things (#1)
    High seas freedoms of navigation and overflight
  19. what are the freedoms within EEZ? (all states enjoy) (Art 58) 2 things (#2)
    Laying of marine cables and pipelines
  20. what did truman proclaim in 1945 (2 things)? #1
    Truman Proclamation

    1945 Truman proclaimed sovereign rights over the oil and gas resources of the continental shelf in 1945.
  21. what did truman proclaim in 1945 (2 things)? #2
    Same year, he also claimed certain exclusive rights in fisheries resources.
  22. what presidential proclamation was mde in 1983?
    Reagan Proclamation

    1983 President Reagan issued a proclamation claiming EEZ.
  23. what is the cod wars?
    Cod Wars

    in the 1950’s and 1970’s that nearly took place between Iceland and the United Kingdom
  24. what is the tragedy of the commons?
    Tragedy of the commons

    High-seas fisheries, in which the State or industry with the greatest efficiency and capitalization takes the largest take of the available resources
  25. what percentage of world's protein is provided by fisheries?
    Importance of Fisheries

    Fisheries provide 16 percent of the world population's protein
  26. what are the top fisheries producing countries?
    Top producing countries

    China, Peru, Japan, the United States, Chile, Indonesia, Russia, India, Thailand, Norway, and Iceland.
  27. what country accounted for 1/3 of the worlds fishing?
    China alone accounted for a third of the world's production.
  28. what is a problem with trawlers?
    Trawlers

    can take huge amounts of targeted fish and marine mammals.
  29. what are two commercial fishing techniques? (#1)
    Fishing Techniques

    Driftnet
  30. what are two commercial fishing techniques? (#2)
    trawlers
  31. how does driftnet fishing work?
    Driftnet Fishing

    composed of nylon monofilament nets floating on the tops of the ocean dozens of miles long, result in a “wall of death” that takes many birds, turtles, and other species not targeted at all.
  32. what is the pejorative nickname for driftnet fishing?
    Curtains of death
  33. what is a problem with driftnet fishing?
    By Catch

    The problem with driftnet fishing This problem is known as “by catch.”
  34. what is the status of driftnet fishing in Indonesia?
    Outlawed in Indonesia
  35. what is a problem with fishing around the world?
    Illegal Fishing

    Illegal, unregulated, and unreported (IUU) fishing is a problem in many parts of the world, with most coastal States unable to enforce their fishery laws.
  36. where do migratory stocks live?
    Migratory Stocks

    right outside 200nm and right inside the 200nm boundary (EEZ)
  37. what does the convention say about migratory stocks?
    it doesn't address migratory stocks.
  38. where are most harvestable fish stocks located?
    Harvestable fish stock

    Most is found within Coastal State EEZs
  39. what are three limitations on EEZ fisheries? (#1)
    EEZ Fisheries

    Is a general obligation to conserve (Art. 61,, par.2);
  40. what are three limitations on EEZ fisheries? (#2)
    Obligation to invite States who have traditionally fished within the EEZ (Art 62, par. 3)
  41. what are three limitations on EEZ fisheries? (#3)
    Allow land-locked or disadvantaged States to harvest surplus catch. (Art. 62, par. 2 & 3)
  42. what is the exception to the harvest catch provision?
    The harvest catch access requirement does not apply if the Coastal State’s economy is “overwhelmingly dependent on EEZ living resources. (Art 71)
  43. Seven types of fish stocks? (#1)
    Types of Fish Stock

    Coastal Stocks (localized)
  44. Seven types of fish stocks? (#2)
    Anadromous (e.g., salmon) spawn in fresh, but live in marine waters (Article 66);
  45. Seven types of fish stocks? (#3)
    Catadromous (e.g., eels) spawn in marine but live in fresh waters (Article 67);
  46. Seven types of fish stocks? (#4)
    Highly Migratory (e.g., tuna, swordfish) Article 64;
  47. Seven types of fish stocks? (#5)
    Marine Mammals (e.g., whales) Article 65
  48. Seven types of fish stocks? (#6)
    Straddling Stocks (e.g., cod, halibut) Article 63;
  49. Seven types of fish stocks? (#7)
    Sedentary (e.g., clams, oysters, mussels) Article 68
  50. what are the three duties on the Coastal State? (#1)
    Management and Conservation
  51. what are the three duties of the coastal state (#2)
    Maximum Sustainable Yield (MSY)
  52. what are the three duties of the coastal state (#3)
    Determine the Total Allowable Catch (TAC)
  53. what are four regulatory measures? (#1)
    Regulatory Measures

    Set TAC for each species
  54. what are four regulatory measures? (#2)
    Regulate fishing equipment
  55. what are four regulatory measures? (#3)
    Close off areas
  56. what are four regulatory measures? (#4)
    Establish seasonal measures

    and

    Set allowable by-catch levels
  57. what are states reqd to do regarding fishing under Art 119?
    High Seas Fishing

    States take measures to “maintain and restore populations of harvested species at levels which can produce a maximum sustainable yield” based on “best scientific evidence available to the States concerned.” (Art. 119 (a)).
  58. what is the information sharing requirement?
    Article 119 2 requires sharing pertinent conservation information and data, and
  59. Article 119 (does/does not) require that conservation measures not discriminate “in form or in fact against fishermen of any State.”
    Article 119 3 requires that conservation measures not discriminate “in form or in fact against fishermen of any State.”
  60. how does Art 116 limit high seas fishing freedoms?
    Article 116 (b) which limits this high seas fishing freedom to the “rights and duties as well as the interests of coastal States” under the EEEZ provisions.
  61. artificial islands and structures in the EEZ or on the continental shelf (are / are not) within the jurisdictional cognizance of the coastal State.
    Maritime Activities Within EEZ & Continental Shelf

    artificial islands and structures in the EEZ or on the continental shelf fall within the jurisdictional cognizance of the coastal State.
  62. who controls research within the EEZ?
    the coastal State controls research within its EEZ. This is certainly the case in terms of exploration of economic resources.
  63. are there any restrictions on the coastal state restricting "pure research"?
    the coastal State has less ability to refuse permission for “pure research,” such as might be performed by a foreign oceanographic institute.
  64. anyone seeking to conduct such research must request permission from the coastal State? (T/F)
    Research in EEZ

    anyone seeking to conduct such research must request permission from the coastal State, and
  65. what four elements must the research request include? (#1)
    must describe the nature of the research,
  66. what four elements must the research request include? (#2)
    who is going to conduct it
  67. what four elements must the research request include? (#3)
    how long it will take place
  68. what four elements must the research request include? (#4)
    give the coastal State scientists an opportunity to participate in the research activities.
  69. what is the coastal duty regarding the marine environment?
    Coastal State Duty

    The coastal State has extensive authority and responsibility to protect the marine environment from pollution, particularly from dumping and discharges.
  70. what is the coastal state's authority regarding laying of submarine cables?
    Laying Submarine Cables

    The coastal State has less authority to control traditional “high seas” freedoms, such as the laying of submarine cables and pipelines, navigation and overflight, and military activities.
  71. what is the importance of due regard?
    Due Regard

    all such activities must be conducted with “due regard” for the rights and duties of all of the States concerned.
  72. what is the composition of continental shelf?
    Continental Shelf Composition

    The continental materials, mostly granite and related rocks, are lighter than the basalt that makes up most of the deep ocean and underlying mantel.
  73. what are some resources on the continental shelf?
    Living Resources on Continental Shelf

    You should also be aware that there are some living resources found on the continental shelf, such as lobsters, oysters, and scallops.
  74. what are the terms of the 1958 Continental Shelf Convention? (3 things) #1
    1958 Continental Shelf Convention

    States have “sovereign rights” to exploit continental shelf resources
  75. what are the terms of the 1958 Continental Shelf Convention? (3 things) #2
    “Natural prolongation” of the continent
  76. what are the terms of the 1958 Continental Shelf Convention? (3 things) #3
    • Maximum depth of 200 meters or further to the limits of ”exploitability”
    • (or if the coastal state can show that the continental shelf is naturally prolonged, can get a 350 mile extension)
  77. Continental shelf characteristics - two things. (#1)
    Continental Shelf

    200 nautical miles out,
  78. Continental shelf characteristics - two things. (#2)
    the coastal state has complete sovereign rights to explore and exploit the economic resources under the ocean, on the seabed, in the water column, and on the surface. (It also extends to the resources of the air above it, such as in wind farms.) Some extend out to 600 miles
  79. what is the most important resource in the continental shelf?
    Oil & Gas

    The most important resource in the continental shelf
  80. what is the safety zone around oil rigs?
    Safety Zone

    500 m safety zone around oil rigs
  81. what is the coastal state's duty for operational rigs?
    Oil Rig Removal

    The coastal state has to ensure that a rig that is not operational is removed
  82. what are three Coastal State Sovereign Rights? (#1)
    Coastal State Sovereign Rights

    The coastal State retains “sovereign rights” over the resources of the continental shelf
  83. what are three Coastal State Sovereign Rights? (#2)
    Mineral and other non-living resources
  84. what are three Coastal State Sovereign Rights? (#3)
    Sedentary species (e.g., scallops) (Article 77, par. 4)
  85. what is the convention rule on laying submarine cables and pipeline?
    Laying Cables & Pipelines

    There is an inclusive rights to lay and maintain submarine cables and pipelines.
  86. what is the coastal states' right to natural resources?
    Subject to its right “to take reasonable measures” to ensure its rights to exploit the natural resources and to prevent pollution,
  87. laying of cables and states' obligations
    coastal State “may not impede the laying or maintenance of such cables or pipelines.”
  88. when is Coastal State Consent needed regarding laying of pipelines?
    Coastal State Consent

    However, the “delineation of the course for the laying of such pipelines on the continental shelf is subject to the consent of the coastal State.”

What would you like to do?

Home > Flashcards > Print Preview