Module 1 – Naval Knowledge Chapter 2 – International Law of the Sea Section 1 – Customary International Laws of the Sea Unit 4 - International Law and the Sea

Demonstrate an understanding of international law as it applies to countries using the sea What You Will Learn to Do

1.Explain the customs and treaties from 1604 to the present which relate to the international law of the sea 2.Identify the main ideas that have formed customary international law of the sea 3.Describe the four possible adverse impacts of international legal rules affecting the deployment and navigation of naval vessels Objectives

4.Explain the increase of sovereign territorial sea jurisdiction 5.Describe the potential hardships for the U.S. Navy in straits and many scattered islands around the world 6.Explain the controversy over where internal bays and gulfs end and territorial seas begin 7.Describe how international law deals with rivers, lakes and canals Objectives

CPS Key Term Questions Key Terms

Territorial sea ‑ The ocean waters within 12 miles of the shoreline, controlled by the coastal sovereign state Key Terms High seas ‑ The open ocean, especially one that is not within any country’s jurisdiction Contiguous zones ‑ A zone of the sea beyond the territorial seas of a nation, over which it claims exclusive rights

Continental shelf ‑ The part of a continent that is submerged in relatively shallow sea Key Terms Innocent passage ‑ The right of vessels of one nation to navigate peacefully through the territorial waters of another nation Inland waters ‑ Waters located within the established boundaries of a nation Littoral state ‑ A nation having at least one border on international waters

Key Terms Internal waters ‑ Waters that lie entirely within one country Archipelagic nation ‑ A nation comprised of a series of islands that form an archipelago; an example is The Philippines Thalweg ‑ The geographic center of the deepest channel; forms the territorial boundary between nations

(Use CPS “Pick a Student” for this question.) In what ways is navigating the sea important to the United States? Opening Question

CPS Lesson Questions Warm Up Questions

Introduction The international law of the sea has been shaped by both custom and treaty.

Introduction “No part of the sea may be regarded as pertaining to the domain of any given nation.” Hugo Grotius Father of International Law Grotius’ precept became widely accepted by all maritime nations as “freedom of the seas.”

Introduction Western civilization became increasingly dependent upon the use of the sea for: Any attempt to claim ownership would be difficult to defend. But nations were entitled to protect their coast. Trade Transportation Communication

Introduction Originally based on the distance of a canon shot in the 17th century, three nautical miles was considered a reasonable territorial sea zone.

Introduction A 12-mile fishing zone claimed by Imperial Russia in the early 1900s.

Introduction After the Law of the Sea Conference in 1978, most maritime nations adopted a 12-mile territorial sea zone.

Precepts of the Law of the Sea The evolution of international law of the sea yielded these main concepts: Freedom of the high seas Territorial sea Special contiguous zones

Precepts of the Law of the Sea The concept of freedom of the high seas contends that no nation may restrict any areas or resources to its exclusive use or sovereignty.

Precepts of the Law of the Sea The concept of the territorial sea contends that coastal states have near-absolute sovereignty over a narrow band of waters adjacent to their coasts.

Precepts of the Law of the Sea The concept of special contiguous zones contends that special limited jurisdiction prevails, such as in the straits and channels, and where neither the rules of the high seas nor territorial seas pertain.

Precepts of the Law of the Sea UN Law of the Sea Conferences have met a number of times since 1973.

Precepts of the Law of the Sea The stated purpose of the Law of the Sea Conferences has been “to develop rules for peaceful use of the seabed beyond the continental shelf to the entire spectrum of ocean uses.”

Precepts of the Law of the Sea At an impasse, the UN General Assembly postponed talks until a significant roadblock made agreement essential.

Precepts of the Law of the Sea The rift was mainly between developed nations and underdeveloped nations. Industrialized Underdeveloped

Precepts of the Law of the Sea Principal issues at the conference were: The breadth of the territorial sea Passage through straits Fisheries The seabed Marine pollution Scientific research

Precepts of the Law of the Sea Over the years some conventions have been agreed upon, but no global agreement covering the many items on the agenda has yet been reached.

Precepts of the Law of the Sea Four possible adverse impacts of international legal rules on Navy missions include: Limited mobility Vulnerability to surveillance Vulnerability to interdiction Limitations on oceanographic and intelligence-gathering activities

Precepts of the Law of the Sea Limited mobility would result from wide territorial seas, possibly barring ships from international straits. Reaction time for self-defense, defending allies, or maintaining political stability may depend on access to straits.

Precepts of the Law of the Sea Vulnerability to surveillance would increase if warships were required to use designated sea lanes. Submerged passage is prohibited in territorial waters; if sea lanes were entirely territorial, submarines would be required to surface.

Precepts of the Law of the Sea Vulnerability to interdiction could occur. If the narrow sea lanes were in a strait, enemy mining or attack could be concentrated on a narrow area.

Precepts of the Law of the Sea Legal developments might impose limitations on oceanographic and intelligence activities within the 200 ‑ mile zones.

CPS Lesson Questions Check On Learning Questions

Territorial Seas When territorial sea jurisdictions were generally increased to 12 nautical miles in 1978, more than 100 straits became territorial seas. Innocent passage is a provision to allow vessels to pass peacefully through such territorial seas.

Territorial Seas Passage through a territorial sea must be continuous and expeditious. Some states require advance notification or authorization. The passage, to be innocent, must: Be merely transit without entrance to inland waters Not be prejudicial to the peace, good order, or security of the coastal state.

Territorial Seas A littoral state, that is, a state with at least one shoreline bordering on international waters, must not hinder innocent passage.

Territorial Seas A littoral state must communicate any known dangers to navigation in its territorial sea. It may protect itself from acts harmful to its security, and may require that customs and health inspectors board a ship.

Territorial Seas Foreign ships passing through territorial seas must observe rules concerning: The rights of fishing and hunting Hydrographic surveys Display of the ship’s colors and salutes as defined by coastal state The safety of traffic and protection of channels and buoys Pollution of the waters Conservation of the living resources of the sea

Territorial Seas Submarines and other underwater vehicles must navigate on the surface unless the coastal nation waives the requirement. A littoral state may conclude an unauthorized submerged submarine constitutes a threat and the state may take defensive actions.

Territorial Seas Aircraft, including naval aircraft, must request overflight permission over a territorial sea.

Straits and Archipelagoes The U.S. is firm in its support of innocent passage of warships and aircraft in straits and archipelagoes (groups of islands).

Straits and Archipelagoes However, without a treaty in place, there are no guarantees. A nation may place restrictions, such as requiring advance notice or banning nuclear-powered vessels. Nuclear-powered aircraft carrier USS Harry S. Truman transits through the Strait of Gibraltar.

Straits and Archipelagoes If restrictions on passage through straits were imposed, access to and from the Baltic, Mediterranean, and Persian Gulf and Red Sea could be severely restricted. Red Sea and Persian Gulf Danish Straits Strait of Gibraltar

Straits and Archipelagoes Red Sea Persian Gulf

Straits and Archipelagoes Entry to semi-enclosed sea areas such as the Caribbean and Sea of Japan could also be affected adversely. Caribbean Sea of Japan

Straits and Archipelagoes The U.S. supports sea lane passage around archipelagic nations, either on routes designated by each nation or on the routes normally used for international navigation.

CPS Lesson Questions Check On Learning Questions

Bays and Gulfs Much controversy exists over where internal waters of bays and gulfs end and where territorial seas begin.

Bays and Gulfs A gulf is larger than a bay and extends deeper into the land.

Bays and Gulfs If the entrance to a bay or gulf is 24 miles or less in width, it is considered internal waters and not territorial seas. Broader claims sometimes arise, but are rarely upheld by international law.

Bays and Gulfs The UN has three basic elements for determining whether bays and gulfs are considered internal waters: 1.An effective claim to sovereignty by a national government 2.A continuous exercise of the authority claimed 3.Acquiescence by other nations

Bays and Gulfs Libya was unsuccessful when it tried to claim the Gulf of Sidra as internal waters.

Bays and Gulfs Canada, successfully, has claimed Hudson Bay, with an entrance 50 miles wide, but many countries, including the U.S., do not recognize this claim. The British claimed the Bay of Fundy with a 65-mile entrance, as Canadian waters in 1852, but an international commission declared the claim to be invalid.

Bays and Gulfs Some Third World states are proposing to declare an entire ocean, like the Indian Ocean, as a “zone of peace and security” from which all warships would be barred.

Bays and Gulfs Such curtailments would severely limit the Navy’s capability to carry out strategic deterrence, projection of power, and naval presence missions.

Rivers, Lakes, and Canals Rivers that lie entirely within one country, called national rivers, are considered internal waters. Rivers that form a boundary between two or more countries are called international rivers.

Rivers, Lakes, and Canals If an international river is not navigable – like the Rio Grande – the territorial boundary lies in the geographic center of the river.

Rivers, Lakes, and Canals If an international river is navigable – like the St. Lawrence – the center of the deepest channel is used to mark the boundary and is called the thalweg line.

Rivers, Lakes, and Canals International rivers are open to navigation by all ships. The same rule applies when a river serves as lines of communication for an interior nation.

Rivers, Lakes, and Canals The littoral nation may not impede free flow of traffic to and from an interior nation. Some examples are: –The Paraná runs Argentina to Paraguay and into Brazil –The Rhine in Western Europe –The Danube in Eastern Europe –The Congo in Central Africa –The Amazon through Brazil

Rivers, Lakes, and Canals Lakes entirely within the boundaries of one country are the exclusive property of that country. Rights to lakes that lie in more than one country, such as the Great Lakes, are usually set by treaties.

Rivers, Lakes, and Canals Passage through manmade canals is controlled by agreement of the countries concerned. The Panama Canal Atlantic Ocean Pacific Ocean

Rivers, Lakes, and Canals In peacetime canals are open to the use of all nations’ ships, subject to a toll for the transit service.

(Use CPS “Pick a Student” for this question.) What issues arise involving innocent passage? Review Question

CPS Lesson Questions Closing Questions

Questions?