0000003644 00000 n Sea lanes and traffic separation schemes in the territorial sea. Legal maritime rights in terms of UNCLOS are derived from the status of land features, which are the focal point of claims made to islands in the South China Sea by Taiwan, the Philippines, Malaysia, Vietnam, and other ASEAN claimants. Ships in transit passage may not carry out any research or survey activities without the prior authorization of the States bordering the strait. . The portion of a coastal State's continental shelf that lies beyond the 200 nm limit is often called the extended continental shelf. In the designation of sea lanes and the prescription of traffic separation schemes under this article, the coastal State shall take into account: (a) the recommendations of the competent international organization; (b) any channels customarily used for international navigation; (c) the special characteristics of particular ships and channels; and. 40 offsite link. Archipelagic waters: The convention set the definition of "Archipelagic States" in Part IV, which also defines how the state can draw its territorial borders. Off-shore installations and artificial islands shall not be considered as permanent harbour works. The U.S. claimed a 12 nm territorial sea in 1988 (Presidential Proclamation No. It provides a different legal status to different maritime zones. LOSC art. These charges shall be levied without discrimination. Article76. The natural resources of the continental shelf consist of the mineral and other non-living resources of the seabed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or subsoil. The success of an offshore oil platform in the Gulf of Mexico in 1947 was soon repeated elsewhere in the world, and by 1970 it was technically feasible to operate in waters 4,000 metres (13,000ft) deep. Except where otherwise provided in this Convention, the normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State. The state has sovereignty over these waters mostly to the extent it has over internal waters, but subject to existing rights including traditional fishing rights of immediately adjacent states. Although the Bering Strait is 44 nautical miles wide at the narrowest point between the U.S. and Russian mainlands (Cape Prince of Wales, Alaska, and Cape Dezhneva, Siberia), Little Diomede Island (U.S.) and Big Diomede Island (Russia) are located midway between Cape Prince of Wales and Cape Dezhneva. arts. With more than 160 nations participating, the conference lasted until 1982. Ships and aircraft in transit passage must comply with the duties outlined in LOSC article 39, which include proceeding without delay and refraining from any activities other than those incident to their normal modes of continuous and expeditious transit. Tension on the High Seas", "Ocean treaty: Historic agreement reached after decade of talks", "UN states agree 'historic' deal to protect high seas", List of countries that have ratified Law of the Sea Conventions, Permanent Court of Arbitration Past and Pending Cases, Decisions of the World Court Relevant to the UNCLOS (2010), United Nations Division for Ocean Affairs and the Law of the Sea, UN Commission on the Limits of the Continental Shelf, "Technical aspects of the UN Law of the Sea", UNEP Shelf Programme, UN organisation set up to assist States in delineating their continental shelf beyond 200 nautical miles (370km), Digital Map of the World's Exclusive Economic Zones, Historic Archives of the United Nations Audiovisual Library of International Law, https://en.wikipedia.org/w/index.php?title=United_Nations_Convention_on_the_Law_of_the_Sea&oldid=1152341988, Arabic, Chinese, English, French, Russian, and Spanish, Sara McLaughlin Mitchell and Andrew P. Owsiak (2021). Maritime Zones (NOAA Coastal Services Center). The flag State shall bear international responsibility for any loss or damage to the coastal State resulting from the non-compliance by a warship or other government ship operated for non-commercial purposes with the laws and regulations of the coastal State concerning passage through the territorial sea or with the provisions of this Convention or other rules of international law. Taiwan leader Tsai Ing-wen held talks with McCarthy in Los Angeles on Wednesday, expressing gratitude afterwards for the meeting, which included other US lawmakers. 6. The U.S. Extended Continental Shelf Project, led by the Department of State, NOAA, and the U.S. Geological Survey, determines the outer limits of the U.S. continental shelf beyond 200 nautical miles (i.e., extended continental shelf). The UNCLOS treaty guarantees rights such as innocent passage through territorial seas; transit passage through, under and over international straits; and the laying and maintaining of submarine cables. 6, Supp. 2. The above provisions do not affect the right of the coastal State to take any steps authorized by its laws for the purpose of an arrest or investigation on board a foreign ship passing through the territorial sea after leaving internal waters. UNCLOS is the only international convention which stipulates a framework for state jurisdiction in maritime spaces. 2. From 1982 to 1990, the United States accepted all but Part XI as customary international law, while attempting to establish an alternative regime for exploitation of the minerals of the deep seabed. . International Law 12 (Inland waters of coastal states or nations) (2021), 44B Am. 1301 et seq., and the baseline are determined using the same criteria under international law, the Three Nautical Mile Line is generally the same as the seaward boundaries of individual U.S. coastal states under the Submerged Lands Act. This would provide measures including Marine Protected Areas and environmental impact assessments. Territorial Sea In the Territorial Sea, a coastal state has unlimited jurisdiction over all (including foreign) activities unless restrictions are imposed by law. Between 1946 and 1950, Chile, Peru, and Ecuador extended their rights to a distance of 200 nautical miles (370km; 230mi) to cover their Humboldt Current fishing grounds. UNCLOS replaced the four treaties of the 1958 Convention on the High Seas. The coastal State shall not hamper the innocent passage of foreign ships through the territorial sea except in accordance with this Convention. [21], Landlocked states are given a right of access to and from the sea, without taxation of traffic through transit states.[22]. Non-compliance by warships with the laws and regulations. In 1990, consultations began between signatories and non-signatories (including the United States) over the possibility of modifying the convention to allow the industrialized countries to join the convention. 1. 0000005335 00000 n INNOCENT PASSAGE IN THE TERRITORIAL SEA, SUBSECTION A. [25], In 2017, the United Nations General Assembly (UNGA) voted to convene an intergovernmental conference (IGC) to consider establishing an international legally binding instrument (ILBI) on the conservation and sustainable use of biodiversity beyond national jurisdiction (BBNJ). The territorial sea is under the jurisdiction of that particular country; however, foreign ships (both merchant and military) ships are allowed passage through it. For the official description of the U.S. maritime boundaries with other nations contact the U.S. Department of State. Where the establishment of a straight baseline in accordance with the method set forth in article7 has the effect of enclosing as internal waters areas which had not previously been considered as such, a right of innocent passage as provided in this Convention shall exist in those waters. Where a low-tide elevation is situated wholly or partly at a distance not exceeding the breadth of the territorial sea from the mainland or an island, the low-water line on that elevation may be used as the baseline for measuring the breadth of the territorial sea. The United States proclaimed jurisdiction and control over its continental shelf in 1945 (Presidential Proclamation No. In localities where the coastline is deeply indented and cut into, or if there is a fringe of islands along the coast in its immediate vicinity, the method of straight baselines joining appropriate points may be employed in drawing the baseline from which the breadth of the territorial sea is measured. The sovereignty over the territorial sea is exercised subject to this Convention and to other rules of international law. 1. "Innocent passage" is defined by the convention as passing through waters in an expeditious and continuous manner, which is not "prejudicial to the peace, good order or the security" of the coastal state. The continental shelf of a coastal State is comprised of the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nm from its baselines where the outer edge of the continental margin does not extend up to that distance. %PDF-1.3 % 42 offsite link. The United Nations Convention on the Law of the Sea ( UNCLOS ), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. The major points addressed at the review meeting were (i) the position of 3. Each coastal State may claim an Exclusive Economic Zone (EEZ) beyond and adjacent to its territorial sea that extends seaward up to 200 nm from its baselines (or out to a maritime boundary with another coastal State). Coastal states also have exclusive control over living resources "attached" to the continental shelf, but not to creatures living in the water column beyond the exclusive economic zone. Except as provided in PartIV, waters on the landward side of the baseline of the territorial sea form part of the internal waters of the State. UNCLOS came into force in 1994, a year after Guyana became the 60th nation to ratify the treaty. See43 U.S.C. Where conduct analogous to piracy takes place in the UK territorial sea or internal waters, it would fall to be dealt with under the normal criminal law, for example as an offence of robbery. Concurrently, the Preparatory Commission was established to prepare for the eventual coming into force of the convention-recognized claims by applicants, sponsored by signatories of the convention. Much of this law is codified in the United Nations Convention on the Law of the Sea, signed Dec. 10, 1982. [5], In the early 20th century, some nations expressed their desire to extend national claims: to include mineral resources, to protect fish stocks, and to provide the means to enforce pollution controls. See more. Foreign vessels have no right of passage within internal waters. Rights of protection of the coastal State. In the Great Lakes, each U.S. states seaward boundary may extend to the international maritime boundary with Canada. In 1972, the U.S. proclaimed a contiguous zone extending from 3 to 12 miles offshore (Department of StatePublic Notice 358,37 Fed. Where the method of straight baselines is applicable under paragraph1, account may be taken, in determining particular baselines, of economic interests peculiar to the region concerned, the reality and the importance of which are clearly evidenced by long usage. 17 Responsibilities and Obligations of States Sponsoring Persons and Entities With Respect to Activities in the Area Advisory Opinion, International Tribunal on the Law of the Sea Finally Renders Advisory Opinion Establishing that the Precautionary Principle is Incorporated Within UNCLOS Law, "Governing areas beyond national jurisdiction", "Who Owns the Ocean's Genes? Department of State Public Notice 2237, "Exclusive Economic Zone and Maritime Boundaries; Notice of Limits,". Foreign nations have the freedom of navigation and overflight, subject to the regulation of the coastal states. 397 [hereinafter LOSC]. The areas are as follows: Internal waters: Covers all water and waterways on the landward side of the baseline. In addition, the decline of communism in the late 1980s removed much of the support for some of the more contentious Part XI provisions. 2. Online Library of Liberty", "Chapter 1: International Law, Adoption of the Law of the Sea Convention Law of the Sea", "Table of claims to maritime jurisdiction (as at 15 July 2011)/maritime spaces of countries", "Chagos: A boundary dispute tips over a sovereignty ruling", "Professor Robert Beckman on the Role of UNCLOS in Maritime Disputes", "The Seizure and Recovery of the S.S. Mayaguez: Legal Analysis of United States Claims, Part 1", "Deep-sea mining is making the seabed the hottest real estate on Earth", Convention on Transit Trade of Land-locked States, Case No. Table 1: UNCLOS Provisions and Regulation Areas (UNCLOS, 2013) For the purposes of this Convention, "warship" means a ship belonging to the armed forces of a State bearing the external marks distinguishing such ships of its nationality, under the command of an officer duly commissioned by the government of the State and whose name appears in the appropriate service list or its equivalent, and manned by a crew which is under regular armed forces discipline. In particular, in the application of this Convention or of any laws or regulations adopted in conformity with this Convention, the coastal State shall not: (a) impose requirements on foreign ships which have the practical effect of denying or impairing the right of innocent passage; or. Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12nautical miles, measured from baselines determined in accordance with this Convention. The issue of varying claims of territorial waters was raised in the UN in 1967 by Arvid Pardo of Malta, and in 1973 the Third United Nations Conference on the Law of the Sea convened in New York. While the CC and its Annexes, including Annex 2, are . However, it may never exceed 350nmi (650km; 400mi) from the baseline; nor may it exceed 100nmi (190km; 120mi) beyond the 2,500 metres (8,200ft) isobath (the line connecting the depth of 2500 m). Territorial waters -Out to 12 nautical miles (22 kilometres; 14 miles) from the baseline, the coastal state is free to set laws, regulate use, and use any resource. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Straight baselines shall not be drawn to and from low-tide elevations, unless lighthouses or similar installations which are permanently above sea level have been built on them or except in instances where the drawing of baselines to and from such elevations has received general international recognition. The issue of varying claims of territorial waters was raised in the UN in 1967 by Arvid Pardo, of Malta, and in 1973 the Third United Nations Conference on the Law of the Sea was convened in New York. The convention introduced a number of provisions. In its contiguous zone, a coastal State may exercise the control necessary to prevent the infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea, and punish infringement of those laws and regulations committed within its territory or territorial sea. (d) if such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances. [1] The convention has been ratified by 168 parties, which includes 164 UN member states, 1 UN Observer state (Palestine) and two associated countries (the Cook Islands and Niue) plus the European Union. (Normally, a sea baseline follows the low-water line, but when the coastline is deeply indented, has fringing islands or is highly unstable, straight baselines may be used.) This article will examine the history of US support of UNCLOS, China's nine-dash line claim, and the, Wild Blue Yonder (ISSN 2689-6478) online journal is a forum focused on airpower thought and dialogue. Article 18 defines "passage" as navigation through the . When the coast is deeply indented, has . The U.S. claimed a 200 nm EEZ in 1983 (Presidential Proclamation No. Foreign states may also lay submarine pipes and cables. The baselines for measuring the breadth of the territorial sea determined in accordance with articles7,9 and10, or the limits derived therefrom, and the lines of delimitation drawn in accordance with articles12 and15 shall be shown on charts of a scale or scales adequate for ascertaining their position. 1st Sess. [31], The convention was opened for signature on 10 December 1982 and entered into force on 16 November 1994 upon deposition of the 60th instrument of ratification. The area outside these areas is referred to as the "high seas" or simply "the Area". 0000006310 00000 n [27] Progress was made in the four main elements: marine genetic resources (MGRs), benefit sharing using area-based management tools (ABMTs) including marine protected areas (MPAs), environmental impact assessments (EIAs) and capacity building and the transfer of marine technology (CB&TT). The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. generation in Japan' s territorial waters and inland waters in accordance with the Act on Promoting the Utilization of Sea Areas for the Development of Marine Renewable Energy Power Generation . HU}Pgn%R@ WQt!|E,e'=Zc*-D PE 'Hm-vkb-iigupLM|q;} eOZ`?nt16pF E`q2FVRQqX;HZ} $M{BCY#_UCjzrk .GJ0Dv)F-Xd(~+%1|Ct /o>jU]o[W(EVLwVU+ |(` $X,F8Ua:=4$+9%aI.:/&oBC E2Z{9bEFO2> 5, 0000004614 00000 n However, foreign ships, both civilian and military, are permitted 'innocent passage' through it. For example, the United States borders the Bering Strait, which connects the Bering Sea in the Pacific Ocean to the Chukchi Sea in the Arctic Ocean. 3. 1. 0000084542 00000 n Vessels were given the right of innocent passage through any territorial sea, with strategic straits allowing the passage of military craft as transit passage, in that naval vessels are allowed to maintain postures that would be illegal in the territorial sea. Note: Since the "coast line," a term used in theSubmerged Lands Act, 43 U.S.C. UNCLOS is an international agreement that establishes a legal framework for all maritime and marine activities. The maritime zones recognized under international law includeinternal waters, theterritorial sea,thecontiguous zone,theexclusive economic zone(EEZ),the continental shelf,thehigh seasand theArea. 2667 of Sept. 28, 1945). (See below for further information on the Three Nautical Mile Line and the Natural Resources Boundary.). [26] There is a particular concern for marine biodiversity and the impact of overfishing on global fish stocks and ecosystem stability. A UN specialized agency, the International Maritime Organization, does play a role, however, as well as other bodies such as the International Whaling Commission and the International Seabed Authority (ISA), which was established by the convention itself. Combination of methods for determining baselines. It is a sovereign territory of the state. According to this concept, national rights were limited to a specified belt of water extending from a nation's coastlines, usually 3 nautical miles (5.6km; 3.5mi) (three-mile limit), according to the "cannon shot" rule developed by the Dutch jurist Cornelius van Bynkershoek. 0000006450 00000 n [11], UNCLOS does not deal with matters of territorial disputes or to resolve issues of sovereignty, as that field is governed by rules of customary international law on the acquisition and loss of territory. 2. Within this area, the coastal nation has sole exploitation rights over all natural resources. For the purpose of measurement, the area of an indentation is that lying between the low-water mark around the shore of the indentation and a line joining the low-water mark of its natural entrance points. Proceedings of the 14th Biennial Coastal Zone Conference, 2005. 2 (1953), (U.S. Department of State, Dispatch Magazine, Vol. Where, because of the presence of islands, an indentation has more than one mouth, the semi-circle shall be drawn on a line as long as the sum total of the lengths of the lines across the different mouths. In the cases provided for in paragraphs1 and2, the coastal State shall, if the master so requests, notify a diplomatic agent or consular officer of the flag State before taking any steps, and shall facilitate contact between such agent or officer and the ship's crew. Reg. 2. According to UNCLOS, the territorial sea can be defined as the area which extends up to 12 nautical miles from the baseline of a country's coastal state. Markedly, the Security Council did not expressly authorize the seizure and destruction of unflagged vessels on the high seas. The Area and its resources are the common heritage of mankind, and no State may claim or exercise sovereignty or sovereign rights over any part of the Area or its resources. Reg. Department of Foreign Affairs spokesperson Teresita Daza described Beijing's latest act of aggression in the Philippines' waters as "interference.". Passage means navigation through the territorial sea for the purpose of: (a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or. Daza said that on April 23, in waters around Ayungin Shoal, China Coast Guard vessel No. Coastal states have the right to harvest mineral and non-living material in the subsoil of its continental shelf, to the exclusion of others. On 1 February 2011, the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea (ITLOS) issued an advisory opinion concerning the legal responsibilities and obligations of states parties to the convention with respect to the sponsorship of activities in the area in accordance with Part XI of the convention and the 1994 agreement. The coastal State may, where necessary having regard to the safety of navigation, require foreign ships exercising the right of innocent passage through its territorial sea to use such sea lanes and traffic separation schemes as it may designate or prescribe for the regulation of the passage of ships. SECTION 3. 1, Feb. 1995), Annotated Supplement to the Commanders Handbook on the Law of Naval Operations, 64 Int'l L. Stud. Footnote 46 This left EUNAVFOR MED warships without direct . It does not include superjacent waters (i.e.,the water column) or the air space above those waters. 1. The 1982 convention was signed by 117 states and it establishes rules governing all uses of the ocean and its resources. Roadsteads which are normally used for the loading, unloading and anchoring of ships, and which would otherwise be situated wholly or partly outside the outer limit of the territorial sea, are included in the territorial sea. 3 (April 1965), S. REP. No. The convention also provides the framework for the development of a specific area of law of the sea. An official website of the United States government. territorial sea - the sovereignty of a coastal state extends beyond its land territory and internal waters to an adjacent belt of sea, described as the territorial sea in the UNCLOS (Part II); this sovereignty extends to the air space over the territorial sea as well as its underlying seabed and subsoil; every state has the right to establish the Part XI of the convention provides for a regime relating to minerals on the seabed outside any state's territorial waters or exclusive economic zones (EEZ). The seaward boundaries of Florida (Gulf of Mexico coast only), Texas, and Puerto Rico extend nine nautical miles from the coast line. There are exceptions; therefore, the Three Nautical Mile Line does not necessarily depict the seaward boundaries of all U.S. states in all circumstances under the Submerged Lands Act. 532 (SD Fla. 1969) offsite link,aff'd in part, rev'd in part,423 F.2d 16 (5th Cir. The breadth of the territorial sea, contiguous zone, and EEZ (and in some cases the continental shelf) is measured from thebaselinedetermined in accordance with customary international law as reflected in the1982 Law of the Sea Convention offsite link. 1. 4. The right of innocent passage does not apply in internal waters. 3. The coastal State may not levy execution against or arrest the ship for the purpose of any civil proceedings, save only in respect of obligations or liabilities assumed or incurred by the ship itself in the course or for the purpose of its voyage through the waters of the coastal State. 1. 0000000711 00000 n Extension of the . The coastal State may take the necessary steps in its territorial sea to prevent passage which is not innocent. Article55. (available at: . The right of innocent passage for foreign vessels within the territorial sea of a coastal State is defined as "navigation through the territorial sea for the purpose of (a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or (b) proceeding to or from internal waters or a . 0000034942 00000 n Have a comment on this page? Special rules for determining the baseline apply in a variety of circumstances, such as with bays, ports, mouths of rivers, deeply indented coastlines, fringing reefs, androadsteads. The convention set the limit of various areas, measured from a carefully defined baseline. In an attempt to reduce the possibility of groups of nation-states dominating the negotiations, the conference used a consensus process rather than majority vote. Foreign nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances shall, when exercising the right of innocent passage through the territorial sea, carry documents and observe special precautionary measures established for such ships by international agreements. Proceedings of the 14th Biennial Coastal Zone Conference, 2005. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities: (a) any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations; (b) any exercise or practice with weapons of any kind; (c) any act aimed at collecting information to the prejudice of the defence or security of the coastal State; (d) any act of propaganda aimed at affecting the defence or security of the coastal State; (e) the launching, landing or taking on board of any aircraft; (f) the launching, landing or taking on board of any military device; (g) the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State; (h) any act of wilful and serious pollution contrary to this Convention; (j) the carrying out of research or survey activities; (k) any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State; (l) any other activity not having a direct bearing on passage.