territorial waters unclos

The practical effect of straight baselines is that they push a State's maritime borders outward. The coastal State may take the necessary steps in its territorial sea to prevent passage which is not innocent. The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its passage, save only in the following cases: (a) if the consequences of the crime extend to the coastal State; (b) if the crime is of a kind to disturb the peace of the country or the good order of the territorial sea; (c) if the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or consular officer of the flag State; or. The resulting convention came into force on 16 November 1994, one year after the 60th state, Guyana, ratified the treaty. Foreign states may also lay submarine pipes and cables. 2. 3 (April 1965), S. REP. No. The boundaries of these maritime zones between coastal States are established through international agreements entered into by those nations. Department of Foreign Affairs spokesperson Teresita Daza described Beijing's latest act of aggression in the Philippines' waters as "interference.". The Three Nautical Mile Line, as measured from the territorial sea baseline and previously identified as the outer limit of the U.S. territorial sea, is retained on NOAA nautical charts because it continues to be used in certain federal laws. (b) proceeding to or from internal waters or a call at such roadstead or port facility. These charges shall be levied without discrimination. 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. Responsibility of the flag State for damage caused by a warship, or other government ship operated for non-commercial purposes. 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). 4. 48701 (August 8, 1999)) (extending seaward limit of the Contiguous Zones from 12 to 24 nm from the baseline), Presidential Proclamation No. Source:UNEP/GRID-Arendal offsite link, offsite linkContinental Shelf: The Last Maritime Zone (2011) at 28. 5. This would provide measures including Marine Protected Areas and environmental impact assessments. Within its EEZ, a coastal State has: (a) sovereign rights for the purpose of exploring, exploiting, conserving and managing natural resources, whether living or nonliving, of the seabed and subsoil and the superjacent waters and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds; (b) jurisdiction as provided for in international law with regard to the establishment and use of artificial islands, installations, and structures, marine scientific research, and the protection and preservation of the marine environment, and (c) other rights and duties provided for under international law. Comparative Sizes of the Various Maritime Zones. [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. 1. 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.) Official websites use .gov Passage shall be continuous and expeditious. The breadth of the territorial sea, contiguous zone, and EEZ (and in some cases the continental shelf) is measured from the baseline . While UNCLOS redefines the term "high seas" to exclude not only a State's territorial sea and archipelagic waters but also its EEZ, it preserves the right of all States to lay submarine cables in the EEZ, UNCLOS Article 87 (1) (c), subject to the coastal State's right to take reasonable measures for the exploration of the continental shelf and 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') . Presidential Proclamation 7219 of August 2, 1999, Contiguous Zone of the United States. Consistent with international law, the United States exercises its continental shelf rights out to a distance of at least 200 nautical miles through several domestic laws. UNCLOS came into force in 1994, a year after Guyana became the 60th nation to ratify the treaty. 0000000711 00000 n For the purpose of delimiting the territorial sea, the outermost permanent harbour works which form an integral part of the harbour system are regarded as forming part of the coast. See43 U.S.C. 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. While the CC and its Annexes, including Annex 2, are . 0000003401 00000 n Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. 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. It does not include superjacent waters (i.e.,the water column) or the air space above those waters. 1. Where the coasts of two States are opposite or adjacent to each other, neither of the two States is entitled, failing agreement between them to the contrary, to extend its territorial sea beyond the median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial seas of each of the two States is measured. The foregoing provisions do not apply to so-called "historic" bays, or in any case where the system of straight baselines provided for in article7 is applied. 1. The resulting 1994 Agreement on Implementation was adopted as a binding international convention. 1. As a measure of comparison, the mass of the contiguous United States (all states except Alaska and Hawaii) Foreign flag ships enjoy the right of innocent passage while transiting the territorial sea subject to laws and regulations adopted by the coastal State that are in conformity with the Law of the Sea Convention and other rules of international law relating to such passage. 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. 0000006450 00000 n Foreign vessels have no right of passage within internal waters. 3. Except as provided in PartXII or with respect to violations of laws and regulations adopted in accordance with PartV, the coastal State may not take any steps on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed before the ship entered the territorial sea, if the ship, proceeding from a foreign port, is only passing through the territorial sea without entering internal waters. 1. However, passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by forcemajeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress. UNCLOS also allowed for an additional 12-mile contiguous zone where a nation could enforce smuggling and immigration laws. Territorial waters definition, the waters of a littoral state that are regarded as under the jurisdiction of the state: traditionally those waters within three miles (4.8 km) of the shore, but in the 20th century claims by coastal nations have extended to 12 or even 200 miles (19.3 or 321.8 km). 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. 0000034942 00000 n 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. (The League of Nations called a 1930 conference at The Hague, but no agreements resulted. (See below for further information on the Three Nautical Mile Line and the Natural Resources Boundary.). The MARPOL convention is an example of such regulation. [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. INNOCENT PASSAGE IN THE TERRITORIAL SEA, SUBSECTION A. territorial sea: 12 nmcontinental shelf: 200-m depth or to the depth of exploitation, territorial sea: 12 nmcontiguous zone: 24 nmexclusive fishing zone: 32-52 nm, territorial sea: 12 nmexclusive economic zone: 200 nm, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: 200 nm, territorial sea: 12 nmexclusive economic zone: 200 nmexclusive fishing zone: 200 nm, Australia, Chile, and Argentina claim Exclusive Economic Zone (EEZ) rights or similar over 200 nm extensions seaward from their continental claims, but like the claims themselves, these zones are not accepted by other countries; 22 of 29 Antarctic Treaty consultative parties have made no claims to Antarctic territory, although Russia and the United States have reserved the right to do so, and no country can make a new claim; also see the Disputes - international entry, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: 200 nmcontinental shelf: 200 nm or to the edge of the continental margin, territorial sea: 12 nmcontiguous zone: 24 nmcontinental shelf: 200-m depth or to the depth of exploitationexclusive fishing zone: 200 nm, territorial sea: 12 nmcontiguous zone: 24 nmcontinental shelf: extending to boundaries to be determined, territorial sea: 12 nmcontiguous zone: 18 nmexclusive economic zone: 200 nmcontinental shelf: to the outer limits of the continental margin, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: geographic coordinates define outer limitcontinental shelf: median line with neighbors, territorial sea: 12 nm in the north, 3 nm in the south; note - from the mouth of the Sarstoon River to Ranguana Cay, Belize's territorial sea is 3 nm; according to Belize's Maritime Areas Act, 1992, the purpose of this limitation is to provide a framework for negotiating a definitive agreement on territorial differences with Guatemalaexclusive economic zone: 200 nm, territorial sea: 200 nm; note: the US does not recognize this claimcontinental shelf: 200 nmexclusive fishing zone: 200 nm, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: 200 nmcontinental shelf: 200 nm or to edge of the continental margin, territorial sea: 12 nmEnvironment (Protection and Preservation) Zone: 200 nm, territorial sea: 12 nmexclusive fishing zone: 200 nm, territorial sea: 12 nmexclusive economic zone: 200 nm or to median line, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: 200 nmmeasured from claimed archipelagic baselines, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: 200 nmcontinental shelf: 200 nm, territorial sea: 12 nmcontiguous zone: 24 nm, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: 200 nmcontinental shelf: 200/350 nm, territorial sea: 12 nmcontiguous zone: 12 nmexclusive fishing zone: 200 nm, territorial sea: 12 nmexclusive economic zone: 200 nmcontinental shelf: 200-m depth or to the depth of exploitation, territorial sea: 12 nmexclusive economic zone: since 2011, the DRC has had a Common Interest Zone agreement with Angola for the mutual development of off-shore resources, territorial sea: 12 nmexclusive economic zone: 200 nmcontinental shelf: 200 nm or to the edge of the continental margin, territorial sea: 3 nmexclusive fishing zone: 200 nm, territorial sea: 12 nmexclusive economic zone: 200 nmcontinental shelf: 200 nm, territorial sea: 12 nmcontiguous zone: 24 nmcontinental shelf: 200-m depth or to the depth of exploitation, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: 200 nmcontinental shelf: 200-m depth or to the depth of exploitation, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: 200 nmcontinental shelf: 200 nm or to the edge of the continental marginmeasured from claimed archipelagic straight baselines, territorial sea: 12 nmexclusive economic zone: 200 nmcontinental shelf: 200 nmnote: Ecuador has declared its right to extend its continental shelf to 350 nm measured from the baselines of the Galapagos Archipelago, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: 200 nm or the equidistant median line with Cypruscontinental shelf: 200 nm, territorial sea: 12 nmexclusive economic zone: limits as agreed to by Estonia, Finland, Latvia, Sweden, and Russia, territorial sea: 12 nmcontinental shelf: 200 nmexclusive fishing zone: 200 nm, territorial sea: 12 nmcontinental shelf: 200 nm or agreed boundaries or median lineexclusive fishing zone: 200 nm or agreed boundaries or median line, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: 200 nmcontinental shelf: 200-m depth or to the depth of exploitationmeasured from claimed archipelagic straight baselines, territorial sea: 12 nm (in the Gulf of Finland - 3 nm)contiguous zone: 24 nmcontinental shelf: 200 m depth or to the depth of exploitationexclusive fishing zone: 12 nm; extends to continental shelf boundary with Sweden, Estonia, and Russia, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: 200 nm (does not apply to the Mediterranean Sea)continental shelf: 200m depth or to the depth of exploitation, territorial sea: 12 nmexclusive economic zone: 200 nm from Iles Kerguelen and Iles Eparses (does not include the rest of French Southern and Antarctic Lands); Juan de Nova Island and Tromelin Island claim a continental shelf of 200-m depth or to the depth of exploitation, territorial sea: 12 nmcontiguous zone: 18 nmcontinental shelf: extent not specifiedexclusive fishing zone: 200 nm, note: effective 3 January 2009, the Gaza maritime area is closed to all maritime traffic and is under blockade imposed by Israeli Navy until further notice, territorial sea: 6 nmcontinental shelf: 200-m depth or to the depth of exploitation, territorial sea: 3 nmcontinental shelf: 200 nm or agreed boundaries or median lineexclusive fishing zone: 200 nm or agreed boundaries or median line, territorial sea: 12 nmexclusive fishing zone: 12 nm, territorial sea: 12 nmexclusive economic zone: 200 nmcontinental shelf: 200 nm or to the outer edge of the continental margin, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: 200 nmcontinental shelf: to depth of exploitation, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: 200 nmcontinental shelf: natural extension of territory or to 200 nm, territorial sea: 12 nmexclusive economic zone: 200 nmmeasured from claimed archipelagic straight baselines, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: bilateral agreements or median lines in the Persian Gulfcontinental shelf: natural prolongation, territorial sea: 12 nmcontinental shelf: not specified, territorial sea: 12 nmcontinental shelf: to depth of exploitation, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: 200 nmcontinental shelf: 200 nm or to edge of the continental marginmeasured from claimed archipelagic straight baselines, territorial sea: 12 nm; between 3 nm and 12 nm in the international straits - La Perouse or Soya, Tsugaru, Osumi, and the Korea and Tsushima Straitscontiguous zone: 24 nmexclusive economic zone: 200 nm, territorial sea: 12 nmexclusive economic zone: 200 nmnote: military boundary line 50 nm in the Sea of Japan and the exclusive economic zone limit in the Yellow Sea where all foreign vessels and aircraft without permission are banned, territorial sea: 12 nm; between 3 nm and 12 nm in the Korea Straitcontiguous zone: 24 nmexclusive economic zone: 200 nmcontinental shelf: not specified, territorial sea: 12 nmexclusive economic zone: limits as agreed to by Estonia, Finland, Latvia, Sweden, and Russiacontinental shelf: 200 m depth or to the depth of exploitation, territorial sea: 12 nmexclusive fishing zone: 62 nmnote: Gulf of Sidra closing line - 32 degrees, 30 minutes north, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: 200 nmcontinental shelf: 200 nm or 100 nm from the 2,500-m isobath, territorial sea: 12 nmexclusive economic zone: 200 nmcontinental shelf: 200-m depth or to the depth of exploitation; specified boundary in the South China Sea, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: 200 nmmeasured from claimed archipelagic straight baselines, territorial sea: 12 nmcontiguous zone: 24 nmcontinental shelf: 200-m depth or to the depth of exploitationexclusive fishing zone: 25 nm, territorial sea: 12 nmexclusive economic zone: 200 nmcontinental shelf: 200 nm or to the edge of the continental marginmeasured from claimed archipelagic straight baselines, territorial sea: 12 nmexclusive economic zone: 12 nm, territorial sea: 12 nmcontinental shelf: defined by treaty, territorial sea: 12 nmcontiguous zone: 24 nmexclusive fishing zone: 200 nm, territorial sea: 12 nmcontiguous zone: 24 nmcontinental shelf: natural prolongation, territorial sea: 12 nmcontiguous zone: 10 nmexclusive economic zone: 200 nmcontinental shelf: 200 nm, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: 200 nm or edge of continental margin, territorial sea: 12 nmcontinental shelf: 200-m depth or to the depth of exploitationexclusive fishing zone: 200 nmmeasured from claimed archipelagic baselines, territorial sea: 200 nm; note: the US does not recognize this claimexclusive economic zone: 200 nmcontinental shelf: 200 nm, territorial sea: irregular polygon extending up to 100 nm from coastline as defined by 1898 treaty; since late 1970s has also claimed polygonal-shaped area in South China Sea as wide as 285 nmexclusive economic zone: 200 nmcontinental shelf: to the depth of exploitation, territorial sea: 12 nmexclusive economic zone: defined by international treaties, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: as determined by bilateral agreements or the median line, territorial sea: 12 nmexclusive economic zone: 200 nmmeasured from claimed archipelagic baselines, territorial sea: 12 nmcontiguous zone: 18 nmcontinental shelf: not specified, territorial sea: 3 nmexclusive fishing zone: within and beyond territorial sea, as defined in treaties and practice, territorial sea: 12 nmexclusive economic zone: 200 nmcontinental shelf: 200 nmmeasured from claimed archipelagic baselines, territorial sea: 200 nm; note: the US does not recognize this claimexclusive economic zone: 200 nm, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: 200 nm (applies only to the Atlantic Ocean), territorial sea: 12 nmcontiguous zone: 18 nmcontinental shelf: 200-m depth or to the depth of exploitation, territorial sea: 12 nmcontiguous zone: 24 nmcontinental shelf: extends to depth of exploitationexclusive fishing zone: 200 nm, territorial sea: 12 nm (adjustments made to return a portion of straits to high seas)exclusive economic zone: agreed boundaries or midlinescontinental shelf: 200-m depth or to the depth of exploitation, territorial sea: 30 nm; note: the US does not recognize this claimexclusive economic zone: 200 nm, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: 200 nmcontinental shelf: 200 nm or to the outer edge of the continental marginmeasured from claimed archipelagic baselines, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: 12 nm, territorial sea: 6 nm in the Aegean Seaexclusive economic zone: in Black Sea only: to the maritime boundary agreed upon with the former USSR12 nm in Black Sea and in Mediterranean Sea, territorial sea: 12 nmexclusive economic zone: 200 nmcontinental shelf: 200 m or to the depth of exploitation, territorial sea: 12 nmcontinental shelf: as defined in continental shelf orders or in accordance with agreed upon boundariesexclusive fishing zone: 200 nm, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: 200 nmcontinental shelf: not specified, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: 200 nmcontinental shelf: 200 nm or the edge of continental margin, territorial sea: 12 nmcontiguous zone: 24 nmexclusive economic zone: 200 nmcontinental shelf: 200 nm or to the edge of the continental marginmeasured from claimed archipelagic baselines, territorial sea: 12 nmcontiguous zone: 15 nmexclusive economic zone: 200 nmcontinental shelf: 200-m depth or to the depth of exploitation, a variety of situations exist, but in general, most countries make the following claims measured from the mean low-tide baseline as described in the 1982 UN Convention on the Law of the Sea: territorial sea - 12 nm, contiguous zone - 24 nm, and exclusive economic zone - 200 nm; additional zones provide for exploitation of continental shelf resources and an exclusive fishing zone; boundary situations with neighboring states prevent many countries from extending their fishing or economic zones to a full 200 nm, Saint Helena, Ascension, and Tristan da Cunha, United States Pacific Island Wildlife Refuges, Center for the Study of Intelligence (CSI).

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