National Security- Territorial Sea

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Author:
Anonymous
ID:
78687
Filename:
National Security- Territorial Sea
Updated:
2011-04-10 19:35:43
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law national security
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Description:
TERRITORIAL SEA, STRAITS, ARCHIPELAGIC WATERS, CONTIGUOUS ZONE, INNOCENT PASSAGE, TRANSIT PASSAGE, ARCHIPELAGIC SEA LANES PASSAGE
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  1. what is the Cannon Shot Doctrine?
    Territorial sea historically set at 3 nautical miles, based on the range of the cannon
  2. Sovereignty & the coastal state
    The coastal State has complete sovereignty over the water, air space, and sea floor in its territorial sea
  3. (2) Complete Sovereignty Exceptions
    innocent passage for vessels

    Right of assistance entry (force majure?)
  4. what is the territorial Sea Boundary?
    12 nm from baseline
  5. what is the territorial Sea Boundary?
    12 nm from baseline
  6. 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.
  7. who made the Territorial Sea Presidential Proclamation and when?
    Reagan issued proclamation extending territorial sea to 12nm (1988).
  8. who issued the Contiguous Zone Presidential Proclamation and when?
    Clinton issued a Presidential Proclamation extending the contiguous zone to 24 nm in 1999.
  9. what are the Contiguous Zone Boundaries?
    from 12 to 24 nm
  10. what is Innocent Passage?
    All States enjoy the right of innocent passage through the territorial sea.
  11. 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)
  12. Innocent passage for submarines rule
    Submerged submarines DO NOT have the right to innocent passage in territorial waters
  13. Innocent Passage Contravention (Article 19) (3 items) #1
    including weapons exercises,
  14. Innocent Passage Contravention (Article 19) (3 items) #2
    launching or landing aircraft
  15. Innocent Passage Contravention (Article 19) (3 items) #3
    “any other activity not having a direct bearing on passage.”
  16. 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.
  17. Freedom of Navigation Operations
    he U.S. periodically conducts “freedom of navigation” (FON) operations to assert its inclusive navigational rights.
  18. 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.
  19. what ships were involved in the Bumping Incident?
    USS Yorktown and USS Caron (1988)
  20. 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
  21. 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.
  22. Jackson Hole Agreement
    Signed in response to the Bumping Incident to prevent these problems
  23. what did the Jackson Hole Agreement say?
    States may not hamper the right of innocent passage (through territorial waters)
  24. Article 19 is an exhaustive list of ways to contravene innocent passage? (T/F)
    True.

    This is the US view.
  25. subs during innocent passage?
    foreign submarines must transit on the surface and must fly their national ensign (Art. 20)
  26. aircraft and innocent passage
    No right of "innocent overflight"

    )
  27. Aircraft Overflight Aircraft normally must have permission to fly over the territorial sea of another State? (T/F)
    true
  28. 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
  29. what is an exception to innocent passage in territorial waters?
    Traffic Separation Schemes (Art 22)
  30. 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.
  31. what must Nuclear–powered ships and ships carrying hazardous cargoes do?
    “carry documents” and observe special precautionary measures . . . .” (Art. 23)
  32. three coastal state duties regarding navigation. (#1)
    Must warn about any navigational hazards within its territorial sea
  33. three coastal state duties regarding navigation. (#2)
    • Establish and maintain a system of navigational aids, such as charts, lighthouses, and buoys.
    • .
  34. 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
  35. 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
  36. Five Temporary Closure of Territorial Sea Rules (Art 25) (#2)
    The closure cannot be discriminatory (i.e. targets a particular country's vessels)
  37. Five Temporary Closure of Territorial Sea Rules (Art 25) (#3)
    can be Used to close off areas for weapons exercises
  38. Five Temporary Closure of Territorial Sea Rules (Art 25) (#4)
    Can't be for an extended period
  39. Five Temporary Closure of Territorial Sea Rules (Art 25) (#5)
    long Can't be an unreasonably large area
  40. what is the Emergency Rights of Vessels?
    Entry to seek safe haven in times of distress
  41. 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
  42. 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
  43. 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)
  44. 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.
  45. what are some strategic international straits?
    • dover Strait
    • Bab el Mandeb,

    Strait of Hormuz

    • Straits of Malacca
    • Sunda Strait

    • Torres Strait
    • Strait of Gibraltar
  46. International Straits - two things (#1)
    Can be used for international navigation and overflight.
  47. International Straits - two things (#2)
    LOS convention established transit passage through these
  48. is there international transit passage through strategic straits?
    LOS convention established transit passage through these
  49. 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.
  50. Corfu Channel holding
    The court said UK violated international law by sweeping the channel for mine
  51. Contiguous Zone Definition
    The zone between 12nm and 24nm
  52. 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)

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