6. 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 . [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. Off-shore installations and artificial islands shall not be considered as permanent harbour works. exclusive fishing zone - while this term is not used in the UNCLOS, some states (e.g., the United Kingdom) have chosen not to claim an EEZ but rather to claim jurisdiction over the living resources off their coast; in such cases, the term exclusive fishing zone is often used; the breadth of this zone is normally the same as the EEZ or 200 nautical miles. Coastal states have the right to harvest mineral and non-living material in the subsoil of its continental shelf, to the exclusion of others. The Territorial Sea is a narrow belt of water, not exceeding 12 nm, determined through the normal baseline, the low water line along the coastline which has been officially recognized by the coastal State and has been determined in accordance with the provisions of UNCLOS. (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.) 5. . 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. 0000003603 00000 n China deployed warships through waters around Taiwan on Thursday as it vowed a "firm and forceful" response to the island's president meeting US House Speaker Kevin McCarthy. 1. Table 1: UNCLOS Provisions and Regulation Areas (UNCLOS, 2013) The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established . [19][20], Aside from its provisions defining ocean boundaries, the convention establishes general obligations for safeguarding the marine environment and protecting freedom of scientific research on the high seas, and also creates an innovative legal regime for controlling mineral resource exploitation in deep seabed areas beyond national jurisdiction, through an International Seabed Authority and the common heritage of mankind principle. (b) proceeding to or from internal waters or a call at such roadstead or port facility. The resulting 1994 Agreement on Implementation was adopted as a binding international convention. The United Nations Convention on the Law of the Sea (UNCLOS) agreement came into effect on 16 November 1994. 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). Immunities of warships and other government ships. The United States considers itself a strait State (i.e., a State bordering a strait used for international navigation) and in this regard complies with the relevant provisions of international law as reflected in Part III of the Law of the Sea Convention. 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. 0000034942 00000 n In 1999, eleven years after President Reagan extended the U.S. territorial sea to 12 miles, President Clinton proclaimed a contiguous zone extending from 12 to 24 nm offshore (Presidential Proclamation No. LIMITS OF THE TERRITORIAL SEA. In 1956, the United Nations held its first Conference on the Law of the Sea (UNCLOS I) at Geneva, Switzerland. UNCLOS replaced the four treaties of the 1958 Convention on the High Seas. 0000005550 00000 n Each coastal State may claim a contiguous zone adjacent to and beyond its territorial sea that extends seaward up to 24 nm from its baselines. 1999);Koru North America v. U.S offsite link., 701 F. Supp. UN Division for Ocean Affairs and the Law of the Sea. Under the Submerged Lands Act, a coastal states seaward boundary may be fixed by Supreme Court decree. 0000003401 00000 n Combination of methods for determining baselines. As a measure of comparison, the mass of the contiguous United States (all states except Alaska and Hawaii) 2 (1953), (U.S. Department of State, Dispatch Magazine, Vol. Non-compliance by warships with the laws and regulations. Enchev, V. (2012), Fundamentals of Maritime Law, Convention on the Territorial Sea and Contiguous Zone, Convention on Fishing and Conservation of Living Resources of the High Seas, International Tribunal for the Law of the Sea, List of parties to the United Nations Convention on the Law of the Sea, Legal assessments of the Gaza flotilla raid, Montreux Convention Regarding the Regime of the Straits, Territorial disputes in the South China Sea, United States and the United Nations Convention on the Law of the Sea, USA/USSR Joint Statement on Uniform Acceptance of Rules of International Law Governing Innocent Passage, United Nations General Assembly resolution, List of territories governed by the United Nations, Sailing with TWAIL: A Historical Inquiry into Third World Perspectives on the Law of the Sea, Judicialization of the Sea: Bargaining in the Shadow of UNCLOS, "The United Nations Convention on the Law of the Sea (A historical perspective)", "United Nations Convention on the Law of the Sea", "Chronological lists of ratifications of, accessions and successions to the Convention and the related Agreements", "The Freedom of the Seas (Latin and English version, Magoffin trans.) 6, Supp. 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. The coastal State may adopt laws and regulations, in conformity with the provisions of this Convention and other rules of international law, relating to innocent passage through the territorial sea, in respect of all or any of the following: (a) the safety of navigation and the regulation of maritime traffic; (b) the protection of navigational aids and facilities and other facilities or installations; (c) the protection of cables and pipelines; (d) the conservation of the living resources of the sea; (e) the prevention of infringement of the fisheries laws and regulations of the coastal State; (f) the preservation of the environment of the coastal State and the prevention, reduction and control of pollution thereof; (g) marine scientific research and hydrographic surveys; (h) the prevention of infringement of the customs, fiscal, immigration or sanitary laws and regulations of the coastal State. When the coast is deeply indented, has . SECTION 3. 0000005113 00000 n A .gov 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). 2. No charge may be levied upon foreign ships by reason only of their passage through the territorial sea. ) or https:// means youve safely connected to the .gov website. 1979), Oxford Public International Law: Internal Waters (2013), Secretary of State Thomas Jefferson, Letter to Certain Foreign Ministers of November 8, 1793, The Three-Mile Limit of Territorial Seas: A Brief History (1972), Reagan Extends Territorial Waters to 12 Miles, Freedom of Navigation and Territorial Seas (May 18, 2015), Notifications of Suspension of Innocent Passage, (64 Fed. LOSC art. UNCLOS lays down a comprehensive regime of law and order in the world's oceans and seas. Note: Since the "coast line," a term used in theSubmerged Lands Act, 43 U.S.C. Lewis M. Alexander, International Straits. The U.S. EEZ overlaps its claimed 12 nm - 24 nmcontiguous zone. In considering whether or in what manner an arrest should be made, the local authorities shall have due regard to the interests of navigation. (d) if such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances. The United States proclaimed jurisdiction and control over its continental shelf in 1945 (Presidential Proclamation No. Additionally, in order to control trafficking in archaeological and historical objects found at sea, a coastal State may presume that their removal from the seabed of the contiguous zone without its consent is unlawful. [32], United Nations Convention on the Law of the Sea, Part XII Protecting the marine environment, Biodiversity beyond national jurisdiction, Jennifer Frakes, The Common Heritage of Mankind Principle and the Deep Seabed, Outer Space, and Antarctica: Will Developed and Developing Nations Reach a Compromise? Reg. 37, 38 offsite link. 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. Each coastal State may claim a territorial sea that extends seaward up to 12 nautical miles (nm) from its baselines. Proclamation 5030 of March 10, 1983. Under the Submerged Lands Act, the seaward boundary of each of the individual coastal states is generally three nautical (or geographic) miles from the coast line. If any warship does not comply with the laws and regulations of the coastal State concerning passage through the territorial sea and disregards any request for compliance therewith which is made to it, the coastal State may require it to leave the territorial sea immediately. [23] The advisory opinion was issued in response to a formal request made by the International Seabed Authority following two prior applications the authority's Legal and Technical Commission had received from the Republic of Nauru and the Kingdom of Tonga regarding proposed activities (a plan of work to explore for polymetallic nodules) to be undertaken in the area by two state-sponsored contractors Nauru Ocean Resources Inc. (sponsored by the Republic of Nauru) and Tonga Offshore Mining Ltd. (sponsored by the Kingdom of Tonga). If the distance between the low-water marks of the natural entrance points of a bay does not exceed 24nautical miles, a closing line may be drawn between these two low-water marks, and the waters enclosed thereby shall be considered as internal waters. United Nations Convention on the Law of the Sea, Article 5, Dec. 10, 1982, 1833 U.N.T.S. contiguous zone - according to the UNCLOS (Article 33), this is a zone contiguous to a coastal state's territorial sea, over which it may exercise the control necessary to: prevent infringement of its customs, fiscal, immigration, or sanitary laws and regulations within its territory or territorial sea; punish infringement of the above laws and regulations committed within its territory or territorial sea; the contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured (e.g., the US has claimed a 12-nautical mile contiguous zone in addition to its 12-nautical mile territorial sea); where the coasts of two states are opposite or adjacent to each other, neither state is entitled to extend its contiguous zone beyond the median line, every point of which is equidistant from the nearest points on the baseline from which the contiguous zone of both states are measured. International Law 12 (Inland waters of coastal states or nations) (2021), 44B Am. 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. 40 offsite link. 3. The territorial sea is under the jurisdiction of that particular country; however, foreign ships (both merchant and military) ships are allowed passage through it. [12][13], The United Nations Sustainable Development Goal 14 has a target regarding conservative and sustainable use of oceans and their resources in line with UNCLOS legal framework.[14]. UNCLOS expanded each nation's territorial waters to 12 nautical mi (22 km). 1958, UNCLOS I: It resulted in the successful implementation of various conventions regarding territorial sea and contiguous zone Continental shelf high Seas fishing rights. [26] There is a particular concern for marine biodiversity and the impact of overfishing on global fish stocks and ecosystem stability. 6. A nautical mile is based on the circumference of the earth and is equal to one minute of latitude. Foreign states may also lay submarine pipes and cables. The resulting convention came into force on 16 November 1994, one year after the 60th state, Guyana, ratified the treaty. Alternatively, a list of geographical coordinates of points, specifying the geodetic datum, may be substituted. These charges shall be levied without discrimination. Rights of protection of the coastal State. 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. Law of the Sea, branch of international law concerned with public order at sea. The territorial sea of the United States is a maritime zone extending beyond the land territory and internal waters of the United States over which the United States exercises sovereignty and jurisdiction, a sovereignty and jurisdiction that extend to the airspace over the territorial sea, as well as to its bed and subsoil. This article relates only to bays the coasts of which belong to a single State. Specific legal regime of the exclusive economic zone. Source:UNEP/GRID-Arendal offsite link, offsite linkContinental Shelf: The Last Maritime Zone (2011) at 28. Part III of the Law of the Sea Convention (articles 34-45 offsite link) describes the regime of transit passage through such straits and the rights, jurisdiction, and duties of the States bordering such straits. The outer limit of the territorial sea is the line every point of which is at a distance from the nearest point of the baseline equal to the breadth of the territorial sea. All waters inside this baseline are designated "Archipelagic Waters". The above provision does not apply, however, where it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of the two States in a way which is at variance therewith. [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). In casual use, the term may include the territorial sea and even the continental shelf. 5. Coast Pilot. 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. Legal status of the territorial sea, of the air space, over the territorial sea and of its bed and subsoil. Official websites use .gov 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. Reg. 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. isapproximately 7.7 million km2(square kilometers), National Oceanic and Atmospheric Administration, About the General Counsel International Section, Carbon Capture and Storage in Sub-Seabed Geological Formations, Vandalism/Negligent Destruction of Ocean and Coastal Observing Systems, Geoengineering as a Response to Climate Change The London Convention and London Protocol, International Maritime Organization (IMO) Area Based Management Tools (ABMTs), Law Student Internships/Externships & Law Graduate Internships, Straits Used for International Navigation, Determination of the U.S. National Baseline, State Practice in Delimiting Maritime Zones, U.S. Maritime Zones and the Determination of the National Baseline, 1982 United Nations Law of the Sea Convention, Article 8, U.S. v. Louisiana, 394 U.S. 11, 22 (1969), United States v. Postal, 589 F.2d 862 (5th Cir. 1. The MARPOL convention is an example of such regulation. %PDF-1.3 % Key aspects about the United Nations Convention on the Law of the Sea (UNCLOS) and the Convention on International Civil Aviation ('Chicago Convention' or 'CC') . The maritime zones recognized under international law includeinternal waters, theterritorial sea,thecontiguous zone,theexclusive economic zone(EEZ),the continental shelf,thehigh seasand theArea. the land areas and territorial waters thereto under the sovereignty, suzerainty, protection or mandate of such State. 1. The portion of a coastal State's continental shelf that lies beyond the 200 nm limit is often called the extended continental shelf. 1. The meaning of TERRITORIAL WATERS is the waters under the sovereign jurisdiction of a nation or state including both marginal sea and inland waters. China's incremental expansion and bold territorial claims in the South China Sea (SCS) over the past 20 years have raised global concerns. Much of this law is codified in the United Nations Convention on the Law of the Sea, signed Dec. 10, 1982. The transit passage regime does not otherwise affect the legal status of the waters forming an international strait or the exercise of sovereignty or jurisdiction by the bordering States over the waters, air space, seabed, and subsoil of the strait. [29] Agreement on a text was reached on 4 March 2023, after the sixth round of talks at the UN in New York. In 1972, the U.S. proclaimed a contiguous zone extending from 3 to 12 miles offshore (Department of StatePublic Notice 358,37 Fed. The 1994 Agreement also established a Finance Committee that would originate the financial decisions of the Authority, to which the largest donors would automatically be members and in which decisions would be made by consensus. Share sensitive information only on official, secure websites.. Definition of the continental shelf. For the official description of the U.S. maritime boundaries with other nations contact the U.S. Department of State. [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). Laws and regulations of the coastal State relating to innocent passage. 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). 3. In the case of ships proceeding to internal waters or a call at a port facility outside internal waters, the coastal State also has the right to take the necessary steps to prevent any breach of the conditions to which admission of those ships to internal waters or such a call is subject. 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. The coastal State shall give due publicity to all such laws and regulations. The U.S. claimed a 12 nm territorial sea in 1988 (Presidential Proclamation No. . [4] All waters beyond national boundaries were considered international waters: free to all nations, but belonging to none of them (the mare liberum principle propounded by Hugo Grotius). 1. 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. This entry includes the following claims, the definitions of which are excerpted from the United Nations Convention on the Law of the Sea (UNCLOS), which alone contains the full and definitive descriptions: 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 breadth of its territorial sea up to a limit not exceeding 12 nautical miles; the normal baseline for measuring the breadth of the territorial sea is the mean low-water line along the coast as marked on large-scale charts officially recognized by the coastal state; where the coasts of two states are opposite or adjacent to each other, neither state is entitled to extend its territorial sea beyond the median line, every point of which is equidistant from the nearest points on the baseline from which the territorial seas of both states are measured; the UNCLOS describes specific rules for archipelagic states. The convention set the limit of various areas, measured from a carefully defined baseline. 3. The seaward boundaries of Florida (Gulf of Mexico coast only), Texas, and Puerto Rico extend nine nautical miles from the coast line. Consistent with these rules, the U.S. baselines are the mean of the lower low tides as depicted on the largest scale NOAA nautical charts. Other nations were quick to follow suit. Secure .gov websites use HTTPS 0000037617 00000 n Criminal jurisdiction on board a foreign ship. 4. Territorial Waters. With more than 160 nations participating, the conference lasted until 1982. Demystifying the Maritime Zones and Other Marine Boundaries on NOAA'S Nautical Charts. Department of Foreign Affairs spokesperson Teresita Daza described Beijing's latest act of aggression in the Philippines' waters as "interference.". Charts and lists of geographical coordinates. Territorial Sea of the United States of America. 2. 1. 2. UNCLOS came into force in 1994, a year after Guyana became the 60th nation to ratify the treaty. UNCLOS is the only international convention which stipulates a framework for state jurisdiction in maritime spaces. offsite link 0000000802 00000 n 0000084542 00000 n "Similar maneuvers were documented on April 19, involving CCG 5201 and 4202, and the BRP Malapascua while the latter was en route to Ayungin Shoal," Daza said. United States v. Ray,294 F. Supp. The EEZs were introduced to halt the increasingly heated clashes over fishing rights, although oil was also becoming important. 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. [15], In 1960, the United Nations held the second Conference on the Law of the Sea ("UNCLOS II"); however, the six-week Geneva conference did not result in any new agreements. UNCLOS replaces the older "freedom of the seas" concept, dating from the 17th century. It is slightly more than a land measured mile (1 nautical mile = 1.1508 land miles or 1.85 km). [17] Foreign vessels have right of innocent passage through archipelagic waters, but archipelagic states may limit innocent passage to designated sea lanes. LOSC art. The high seas are comprised of all parts of the sea that are not included in the exclusive economic zone, the territorial sea or the internal waters of a State, or in thearchipelagic watersof an archipelagic State. 1312 offsite link. A summary of this discussion was released on January 31, 2023. [30] The European Union pledged financial support for the process of ratification and implementation of the treaty. The nine (9) nautical mile Natural Resources Boundary is the seaward limit of the submerged lands of Puerto Rico, Texas and the Gulf coast of Florida. Moreover, those vessels outside the territorial sea may claim freedom of navigation, especially if they are travelling to or from China's claimed territorial waters. The convention has been approved by nearly every maritime power and all the permanent members of the UN Security Council, except the United States. Major Conventions of UNCLOS. Daza said that on April 23, in waters around Ayungin Shoal, China Coast Guard vessel No. Here a state can continue to enforce laws in four specific areas (customs, taxation, immigration, and pollution) if the infringement started or is about to occur within the state's territory or territorial waters. The advisory opinion set forth the international legal responsibilities and obligations of sponsoring states and the authority to ensure that sponsored activities do not harm the marine environment, consistent with the applicable provisions of UNCLOS Part XI, Authority regulations, ITLOS case law, other international environmental treaties, and Principle 15 of the UN Rio Declaration. The limits shown on the most recent chart edition takes precedence. 1. As per the UNCLOS, the territorial sea is a belt of coastal waters that extends from the baseline to 12 nautical miles. LOSC art. Basis for the resolution of RULES APPLICABLE TO ALL SHIPS. The system of straight baselines may not be applied by a State in such a manner as to cut off the territorial sea of another State from the high seas or an exclusive economic zone. US Naval War Col. 91 (1991), Arctic Marine Shipping Assessment (AMSA) 2009 Report, The Right of Transit Passage through the Arctic Straits, Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary. 3. The continental shelf of a coastal State comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea . In the case of islands situated on atolls or of islands having fringing reefs, the baseline for measuring the breadth of the territorial sea is the seaward low-water line of the reef, as shown by the appropriate symbol on charts officially recognized by the coastal State. 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. Article55. [28] The fifth round of talks in August 2022 failed to produce an agreement, due in part to significant disagreements over how to share benefits derived from marine genetic resources and digital sequence information.
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