MARITIME ZONE AND JURISDICTION

  • View
    3.887

  • Download
    0

Embed Size (px)

Text of MARITIME ZONE AND JURISDICTION

  • 1.Maritime Zones and JurisdictionsClive SchofieldSchool of Surveying and Spatial Information University of New South Wales

2. Maritime Zones and Jurisdictions The significance of maritime zones Maritime zones and boundaries Historical overview Types of maritime zone under the Law of the Sea National Zones National Claims International Zones Emerging issues and challenges The generation of maritime limits 3. The Importance of Maritime Claims Security ResourcesLiving resourcesNon-living resources (hydrocarbons, minerals) Ocean management Rights balanced by responsibilities 4. Maritime Zones, Limits and Boundaries Boundaries required because of extension of maritimejurisdiction offshore a relatively young process Boundaries should produce an equitable division ofmaritime space Provide clarity and certainty to all maritime states Serve to minimise risk of disputes and conflict Provide security for coastal states and security forcommunications, shipping and trade through maritimeenforcement Contribute to the sustainable management of the worldsoceans and economic security for coastal states 5. Historical Overview 1493 Papal Bull and 1494 Portugal-Spain Treaty ofTordesillas State sovereignty versus Freedoms of the seas MareClausum vs. Mare Librum The cannon shot rule 19th century: lines of allocation 1909: Norway-Sweden (Grisbadana Banks) 6. The first division of the oceans Source: Lines in the Sea 7. Extended Maritime Claims New technologies desire to gain access to seabedresources The Truman Proclamation 1942: Trinidad & Tobago-Venezuela (Gulf of Paria) Creeping coastal state jurisdiction Maritime boundary delimitation is a recent phenomenon:86% of all maritime boundary agreements are post-1970 Also an incomplete process 8. Codification The Hague Conference of 1930 First UN Conference The Geneva Conventions of 1958 Second UN Conference, 1960 no consensus Third UN Conference United Nations Convention on the Law of the Sea, 1982(entered into force 16 November 1994 for States Parties) 157 signatories 143 States Parties as of 19 August 2003 9. Types of Maritime Zones National Archipelagic waters Coastal waters Territorial waters Contiguous Zone Continental Shelf Exclusive Economic Zone (EEZ) International High Seas Deep Sea Bed Within national zones: Concept of sovereignty versussovereign rights 10. Maritime Zones Under the Sovereigntyof the Coastal State Internal waters Archipelagic waters Coastal waters Territorial waters Contiguous Zone Straits 11. Maritime Zones Under the Sovereign Rights of the Coastal State Exclusive Economic Zone (EEZ) Continental Shelf 12. Concept of Sovereignty Absolute prescriptive and enforcementpower Limited only by coastal States internationalobligationsCustomary international lawTreaty obligations 13. Sovereign Rights The coastal has a right of jurisdiction thatis related to certain purposes: Sovereign rights for the purpose of Beyond the jurisdiction so defined, there isno special basis for coastal State rights 14. Sovereign Rights (Continued) In so far as the specific purposes areconcerned, the coastal State is sovereign The coastal State has the exclusive right ofdecision in regard to the rules which are toapply within the zone, and the exclusiveright to enforce the measures on which ithas decided related to those specificpurposes 15. International Maritime Zones High Seas The Area the deep seabed 16. National vs. International Interests Coastal States sovereignty, sovereign rights andexclusive jurisdiction International rights and interests notablyfreedom of navigation Differing interpretations of what rights andjurisdiction coastal states may claim in certainzones may lead to dispute between coastal statesand the international community 17. LEGAL REGIMES OF THE OCEANS AND AIRSPACE8/9/0142 18. Maritime Zones Under theSovereignty of the Coastal State:Internal Waters 19. Internal Waters All waters landward of the territorial sea baseline Only created when non-normal baselines are used Waters enclosed by River Mouths Harbour Works, Ports, Roadsteads Bays Straight baselines 20. Internal Waters SovereigntyIntegral part of territory of coastal StateNo right of overflightNo alien fishing/resource extractionNo right to conduct marine scientific researchunless with permission of coastal State Innocent passageNo right of innocent passage for foreign vesselsExcept where straight baselines enclose internal waters previouslynot considered such and which were used for internationalnavigationInnocent passage retained under these circumstances Internal waters may exist within archipelagic waters inrelation to mouths of rivers, bays and ports 21. Maritime Zones Under theSovereignty of the Coastal State: Archipelagic Waters 22. The Archipelagic Concept New to the Third Conference on the Law ofthe Sea Archipelagic Statemust be an island State (no continental states)may consist of more than one archipelagoislands are so closely interrelated that such islands,waters and other natural features form an intrinsicgeographic, economic and political entitySeries of rules/tests related to archipelagic baselines(Article 47) 23. Archipelagic Waters Archipelagic waters (Article 49) Waters enclosed by archipelagic baselines Sovereignty over archipelagic waters, airspace, seabed and subsoil and all resources contained therein Rights of passage Innocent passage (may be temporarily suspended) Archipelagic sealanes passage Designation of sealanes Regime of archipelagic sealanes passage shall not in other respects affect the status of archipelagic waters Preservation of existing agreements and other states rights including traditional fishing rights and pre- existing cables and pipelines 24. Archipelagic Sealanes Considerable responsibilities come with Archipelagic statestatus. Article 53 provides: Designated archipelagic sealanes must include all normal routes used as routes for international navigation or overflight Proposals for sealanes referred to competent international organization (International Maritime Organization) Sealanes to be defined by series of continuous axis lines Ships/aircraft using sealanes not to deviate more than 25nm from axis lines Ships/aircraft may navigate in, under, and above sea lanes in the normal mode 25. Maritime Zones Under theSovereignty of the Coastal State:Coastal Waters 26. Maritime Zones Under theSovereignty of the Coastal State:The Territorial Sea 27. Territorial Sea Sovereignty seabed, water column, airspace Breadth up to 12 nautical miles Innocent Passage 28. Territorial Sea RightsDutiesFlag StateInnocent passage Observe coastal lawCoastal StatePrescribe laws Allow innocent passage Notify hazards 29. Innocent Passage Continuous and expeditious transit, through territorialwaters or internal waters, en route to or from the high seas Article 19(1): Passage is innocent so long as it is notprejudicial to the peace, good order, or security of thecoastal State Non-innocent passage may be prevented Submarines must transit on the surface and show their flag(Article 20) No right of overflight May be temporarily suspended Emerging issues:Hazardous vessels?Warships? Right of innocent passage Prior notification/permission? 30. Contiguous Zone 12 - 24 nmOverlays EEZForeign aircraft have overflight rightsForeign vessels have full navigational, fishing andmarine scientific research rights (so long as they are notinfringing customs, fiscal, immigration and sanitationlaws and assuming no EEZ declared for the latterrights) Extends territorial sea enforcementArticle 33:(a) prevent infringement of its customs, fiscal, immigration orsanitary laws and regulations within its territory or territorial sea 31. Maritime Zones Under the Sovereignty of theCoastal State: International Straits 32. Innocent vs. Transit Passage Extension of permissible breadth of territorial sea to12nm several strategic straits (Hormuz, Bab alMandeb) entirely within territorial seas of flankingstates Compromise developed during Law of the SeaConference on this issue Transit Passage (Articles 37-44) Differs from innocent passage in three key ways: Includes overflight Non-suspendable No reference to warships, including submarines (can transit submerged) 33. Maritime Zones Under the SovereignRights of the Coastal State: The Exclusive Economic Zone 34. Exclusive Economic Zone DefinedAn area beyond and adjacent to theterritorial sea, subject to the specific legalregime established in this Part, under whichthe rights and jurisdiction of the coastalState and the rights and freedoms of otherStates are governed by the relevantprovisions of this Convention (Article 55) 35. Exclusive Economic Zone BreadthThe exclusive economic zone shall notextend beyond 200 nautical miles from thebaseline from which the breadth of theterritorial sea is measured (Article 57) 36. Impact of the EEZ Regime The most significant modification of the Law ofthe Sea since the Grotius period Transfer of property rights from internationalcommons to State property regimes Continuing developments in customaryinternational law (State practice) 37. World 38. Southwest Pacific EEZs 39. The EEZ Concept: Historical Evolution The Truman Proclamations (1945)Proclamation with respect to the NaturalResources of the Subsoil and sea-bed of theContinental shelf Claim to natural resources of the subsoil and sea-bed of the shelf beneath the high seas but contiguous to its coast 40. EEZ: Historical Evolution Proclamations with Respect to CoastalFisheries in Certain Areas of the High Seasproposed the establishment of fisheries-conservation zones in waters contiguous to UScoast but beyond the 3nm territorial seaNote: Proclamation never applied 41. EEZ: Historical Evolution Declaration of Santiago - 1952Chile, Ecuador, Peru, Costa RicaPatrimonial seasExtension of resource jurisdiction overseas up to 200nm Latin American Claims (1955)National Fishing Zones by Nicaragua,Argentina, Panama 42. EEZ: Evolution UNCLOS II (1960)6+6 formulae failed Afric

Related documents