Public International Law Spatial Dimension of State Activities

Slides:



Advertisements
Similar presentations
THE LAW Existing rules and new challenges Workshop on Submarine Cables for Ocean/Climate Monitoring and Disaster Warning.
Advertisements

Foreign Air Operator Validation & Surveillance Course
1 Maritime Law Enforcement. 2 INTRODUCTION Naval Forces as economic & effective law enforcement units Risk of Excessive Use of Force Avoided by –law enforcement.
Dr Douglas Guilfoyle Faculty of Laws, University College London
Denmark v. Norway CASE CONCERNING MARITIME DELIMITATION IN THE AREA BETWEEN GREENLAND AND JAN MAYEN.
The Law: Current legal regime regulating the laying and protection of submarine cables and its implementation Vladimir Jares Division for Ocean Affairs.
POLICING AFRICA’S SEABORDERS Henri Fouche Tshwane University of Technology.
Law of the Sea: Navigating Boundaries Idaho State Bar Int. Law Section Anastasia Telesetsky.
1 A&BS in Relation to Marine Genetic Resources Prof. Dr. Alexander Proelß hydrothermal systems.
Maritime security in the context of the 1982 United Nations Convention on the Law of the Sea Presentation to AU Commission Meeting of Experts on Maritime.
Border crossing and IMO antiterrorist measures Legal aspects.
Extended Continental Shelves Michael Byers, University of British Columbia 30 September 2013.
The Law of the Sea, p.179ff follow along with 1982 UNCLOS (United Nations Convention on the Law of the Sea) (entered into force 1994). Note: The Deep Sea.
1 Law of the Sea: Navigation & Overflight Rights.
Law of the Sea and Migration: Authority and Responsibility of Stakeholders, Rescue at Sea and Stowaways Focus of my presentation – law of the sea and.
DHN - IHO SCNHC/ Maritime Delimitation Brazil´s experience using nautical cartography to fix maritime boundaries IHO Seminar for Chairmen of National.
Introduction, International Law, and Naval Operations By LT Fullan.
Jurisdiction Over Vessels   Nationality of Vessels   Problem of Registration of Convenience or lack of registration.   All states have the right.
The 2001 UCH Convention in the Context of the Law of the Sea.
“The Untouchables” Organised Crime in International Waters Admiralty and Maritime Law Seminar.
Jurisdiction Marine Pollution International Fishing.
Molly Lachlan and Adam. Principals of International Environmental Law States may not allow their territory to be used in a way that is prejudicial to.
The 1982 United Nations Convention on the Law of the Sea Ambassador Satya N. Nandan.
“Safety in the North”, Alta August 2010 Svalbard’s Maritime Zones The (lack of) jurisdiction of Norway over foreign maritime activities in the waters.
 Arctic Sunrise incident (2013)  Eco-protesting by Greenpeace International: since 2010 Greenpeace is conducting a campaign ‘Save the Arctic’ aimed.
Uib.no UNIVERSITY OF BERGEN International legal regime for offshore energy resources - their exploration and exploitation Associate professor Knut Einar.
1 GOOD GOVERNANCE Today, we will discuss: what good governance means in the environmental enforcement context; creative enforcement measures which contribute.
Vienna Convention on the Law of Treaties Article 31 1.A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to.
1 Çağ University. 2 Introduction to International Law Law of the Sea (Two weeks) Materials for Week 9 Instructor: Asst. Prof. Sami Dogru Çağ University.
1 LAW OF THE SEA: LEGAL DIVISIONS & COASTAL STATE RIGHTS.
26/29 June - Dipartimento di Scienze Giuridiche UniSalento Room R 27 Judicial Training and research on EU crimes against environment and maritime pollution.
UNCLOS United Nations Convention on the Law of the Sea UNCLOS I: 1958, Geneva, Switzerland UNCLOS II: 1960, Geneva, Switzerland UNCLOS III: 1973, New York.
International Court of Justice
Panagiotis Sergis * The Protection of Offshore Energy Installations under the Law of the Sea and the SUA Protocol.
International Law of the Sea June 22,  This refers to the area over which a particular state secures sovereignty or sovereign rights  Sovereignty.
UNCLOS and the Pacific Island Countries: the main issues
MARITIME DELIMITATION. 33 Territorial waters: internal waters territorial sea Zones that a coastal nation having sovereign rights: contiguous zone exclusive.
COMNAVMETOCCOM-COUNSEL 1 LAW OF THE SEA ROB YOUNG, COUNSEL.
1 1 NAVAGATIONAL RIGHTS: Rights of Passage and Enforcement NAVAGATIONAL RIGHTS: Rights of Passage and Enforcement.
By Julia Skyhar. -Draft year: International treaty -Goal: to establish a legal order for the seas and oceans which will facilitate international.
South China Sea Fishing Disputes 2/15/2016.
INTERNATIONAL MARITIME LAW
Law of the Sea. Resources - Mineral Resources - Oil - Gas - Fish - Renewable Energies Environment - Pollution - Dumping - Special Protected Areas Transport.
Copyright (c) Arie Afriansyah 2015 States & Territory in International Law 1.
The Law of The Sea. Doctrines  Res nullius: Freedom of the sea, all countries may lay claim on territories of the open sea  Grotius: No ocean can be.
Law of the Sea Kanwal Naqvi. Also called the Law of the Sea Convention or the Law of the Sea treaty, it is the international agreement that resulted from.
International Strait EEZ, Continental Shelf & Delimitation of EEZ / Continental Shelf.
M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 14 – Transport policy Bilateral screening:
10.1 AUSTRALIA’S PLACE IN THE WORLD. EEZ: Exclusive Economic Zone Australia has the third largest EEZ in the world A nautical mile is.
22 Law of the Sea Sea covers 70% of the globe. Divided into internal waters, territorial sea, high seas These have changed as a result of coastal state’s.
New Environmental Science-based Regulations on Pleasure Craft
Foreign Air Operator Validation & Surveillance Course
International Law of the Sea
Some salient points of the award on the merits in the Arctic Sunrise case Seminar on At-Sea Enforcement and Naval Warfare K.G. Jebsen Centre for the law.
8. Environmental law A. Introduction 1. Summary of topic
Investigating Shipping Pollution Violations
COASTAL STATE RESPONSIBILITY (IMO) – HYDROGRAPHY
Site and Artefact Protection under the 2001 Convention
The Concept of a Legal Norm
English IV Revision.
English IV Revision.
Foreign Air Operator Validation & Surveillance Course
Law of the Sea.
The Archaeological Zone in the Constitution for the Oceans
International framework on migrant smuggling
Chapter VII Article 41 The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions,
Functional immunity (only for official acts)
International Organisations – General Issues, Part 1
A PRESENTATION TO THE PORTFOLIO COMMITTEE ON TRANSPORT
Presentation transcript:

Public International Law Spatial Dimension of State Activities

Internal waters - Internal waters – rivers, lakes and sea waters within baselines - Subject to full and exclusive sovereignity - No right of innocent passage for foreign vessels - Foreign vessels may enter internal waters only if the coastal state consents - Excepions to the above rule: - distress - if a baseline established according to art. 7 enclosed as internal waters which previously hadn't been considered internal (innocent passage)

Bays Bays are defined in art. 10 section 2 of the Montego Bay Convention as: well marked indentations whose penetration is in such proportion to the width of its mouth as to contain land-locked waters and constitute more than a mere curvature of the coast. An indentation shall not however be regarded as a bay unless its area is as large as, or larger than, that of a semi-circle whose diamter is a line drawn across the mouth of that indentation. Indentation - a part of a surface that curves inward Diameter – twice the radius of a circle

Bays Art. 10 sections 4 and 5 – if the distance between the low-water marks of the natural entrance points of the bay does not exceed 24 nautical miles, a closing line may be drawn between those points. As a result, the waters of the bay shall be considered internal waters. Should the entrance of a bay exceed 24 nautical miles, a baseline of 24 miles shall be drawn in such a manner, so as to enclose the largest possible area of water within the bay Pluri-state bays

Bays Historic bays – claimed as internal waters based on consistent claims, not opposed by other states 1951 ICJ Norwegian Fisheries case, 1992 ICJ Land, Island and Maritime Frontier Dispute Some of these claims remain unsettled Hudson Bay – Canada, Gulf of Sirte – Libya, Shark Bay – Australia, Granville Bay – France

The contiguous zone Extends up to 24 nautical miles beyond the baseline Its purpose is to prevent offenders from evading prosecution for the crimes committed on the territory or the territorial sea of the coastal state A coastal state may apprehend and prosecute individuals which infringe its customs, fiscal, immigration or sanitary laws within its territory or territorial sea Prohibiting vessels from entering territorial waters Arresting vessels

The exclusive economic zone A result of technological advancement Extends up to 200 miles from the baseline The coastal state has sovereign rights in some specific matters Exploring, exploiting, conserving and managing living and non-living natural resources, jurisdiction over installations and infrastructure, marine scientific research Broad legislative competence

The exclusive economic zone Art. 62 section 4 (a) licensing of fishermen, fishing vessels and equipment, including payment of fees and other forms of remuneration, which, in the case of developing coastal States, may consist of adequate compensation in the field of financing, equipment and technology relating to the fishing industry; (b) determining the species which may be caught, and fixing quotas of catch, whether in relation to particular stocks or groups of stocks or catch per vessel over a period of time or to the catch by nationals of any State during a specified period; (c) regulating seasons and areas of fishing, the types, sizes and amount of gear, and the types, sizes and number of fishing vessels that may be used;

The exclusive economic zone (d) fixing the age and size of fish and other species that may be caught; (e) specifying information required of fishing vessels, including catch and effort statistics and vessel position reports; (f) requiring, under the authorization and control of the coastal State, the conduct of specified fisheries research programmes and regulating the conduct of such research, including the sampling of catches, disposition of samples and reporting of associated scientific data;

The exclusive economic zone (g) the placing of observers or trainees on board such vessels by the coastal State; (h) the landing of all or any part of the catch by such vessels in the ports of the coastal State; (i) terms and conditions relating to joint ventures or other cooperative arrangements; (j) requirements for the training of personnel and the transfer of fisheries technology, including enhancement of the coastal State's capability of undertaking fisheries research; (k) enforcement procedures. 5. Coastal States shall give due notice of conservation and management laws and regulations.

The exclusive economic zone 1986 Franco-Canadian Fisheries Arbitration – fish processing within the exclusive economic zone is not subject to the jurisdiction of the coastal state Article 73 Enforcement of laws and regulations of the coastal State 1. The coastal State may, in the exercise of its sovereign rights to explore, exploit, conserve and manage the living resources in the exclusive economic zone, take such measures, including boarding, inspection, arrest and judicial proceedings, as may be necessary to ensure compliance with the laws and regulations adopted by it in conformity with this Convention. 2. Arrested vessels and their crews shall be promptly released upon the posting of reasonable bond or other security.

The exclusive economic zone 3. Coastal State penalties for violations of fisheries laws and regulations in the exclusive economic zone may not include imprisonment, in the absence of agreements to the contrary by the States concerned, or any other form of corporal punishment. 4. In cases of arrest or detention of foreign vessels the coastal State shall promptly notify the flag State, through appropriate channels, of the action taken and of any penalties subsequently imposed. 1997 M/V Saiga case, Tribunal for the Law of the Sea – customs, use of force in enforcement

The exclusive economic zone Other states have the right to navigation, overflight, laying cables and pipelines

The continental shelf A natural continuation of a coastal state's territory into the sea, covered in shallow water (150-200 meters) Part of the high seas 1930s – discovery of crude oil and natural gas in the seabed and subsoil 1945 Truman declaration 1958 and 1982 Conventions

The continental shelf Article 76 Definition of the continental shelf 1. The continental shelf of a coastal State comprises 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 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance. Limited sovereign rights – exploration and exploitation of the natural resources of the shelf (oil and fishing resources)

The continental shelf Art. 80 – constructing and maintaining installations necessary for the exploitation of resources Security zones of up to 500 meters around such facilities Article 78 1. The rights of the coastal State over the continental shelf do not affect the legal status of the superjacent waters or of the air space above those waters. 2. The exercise of the rights of the coastal State over the continental shelf must not infringe or result in any unjustifiable interference with navigation and other rights and freedoms of other States as provided for in this Convention.

The continental shelf Delimitation of the continental shelf Based on agreement Principle of equidistance ICJ North Sea Continental Shelf cases (Germany, Denmark, the Netherlands) By agreement in accordance with equitable principles (ICJ Tunisia v Libya, Libya v Malta, Denmark v Norway)

The high seas Res communis omnium Extend beyond the contiguous zone, subject to regulations of the exclusive economic zone and the continental shelf Freedom of navigation, overflight, laying pipelines and cables, fishing, scientific research, constructionof installations Each state has exclusive jurisdiction over its ships Art. 110 – exceptional jurisdiction over foreign ships

The high seas Article 110 Right of visit 1. Except where acts of interference derive from powers conferred by treaty, a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy; (b) the ship is engaged in the slave trade; (c) the ship is engaged in unauthorized broadcasting and the flag State of the warship has jurisdiction under article 109; (d) the ship is without nationality; or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship.

The high seas 2. In the cases provided for in paragraph 1, the warship may proceed to verify the ship's right to fly its flag. To this end, it may send a boat under the command of an officer to the suspected ship. If suspicion remains after the documents have been checked, it may proceed to a further examination on board the ship, which must be carried out with all possible consideration. 3. If the suspicions prove to be unfounded, and provided that the ship boarded has not committed any act justifying them, it shall be compensated for any loss or damage that may have been sustained.

The high seas 4. These provisions apply mutatis mutandis to military aircraft. 5. These provisions also apply to any other duly authorized ships or aircraft clearly marked and identifiable as being on government service.

The high seas Article 105 Seizure of a pirate ship or aircraft On the high seas, or in any other place outside the jurisdiction of any State, every State may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the property on board. The courts of the State which carried out the seizure may decide upon the penalties to be imposed, and may also determine the action to be taken with regard to the ships, aircraft or property, subject to the rights of third parties acting in good faith.

The high seas Article 111 Right of hot pursuit 1. The hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good reason to believe that the ship has violated the laws and regulations of that State. Such pursuit must be commenced when the foreign ship or one of its boats is within the internal waters, the archipelagic waters, the territorial sea or the contiguous zone of the pursuing State, and may only be continued outside the territorial sea or the contiguous zone if the pursuit has not been interrupted. It is not necessary that, at the time when the foreign ship within the territorial sea or the contiguous zone receives the order to stop, the ship giving the order should likewise be within the territorial sea or the contiguous zone.

The high seas If the foreign ship is within a contiguous zone, as defined in article 33, the pursuit may only be undertaken if there has been a violation of the rights for the protection of which the zone was established. 2. The right of hot pursuit shall apply mutatis mutandis to violations in the exclusive economic zone or on the continental shelf, including safety zones around continental shelf installations, of the laws and regulations of the coastal State applicable in accordance with this Convention to the exclusive economic zone or the continental shelf, including such safety zones.

The high seas 3. The right of hot pursuit ceases as soon as the ship pursued enters the territorial sea of its own State or of a third State. 4. Hot pursuit is not deemed to have begun unless the pursuing ship has satisfied itself by such practicable means as may be available that the ship pursued or one of its boats or other craft working as a team and using the ship pursued as a mother ship is within the limits of the territorial sea, or, as the case may be, within the contiguous zone or the exclusive economic zone or above the continental shelf. The pursuit may only be commenced after a visual or auditory signal to stop has been given at a distance which enables it to be seen or heard by the foreign ship.

Common heritage of mankind 1967, Maltese ambassador Arvid Pardo Community-based approach A standard for the exploitation of marine resources The absence of a right of appropriation Exploiting resources for the benefit and in interest of all mankind Peaceful purposes Paying due regard to scientific development Protecting the enviroment Art. 136, 137, 141-145 of the Montego Bay Convention

Common heritage of mankind International Sea-Bed Authority Enterprise or states 1994 revision to the Convention To be set up gradually, minimal costs, no obligation to finance the Enterprise or transfer technology to it, the Authority's Council can no longer impose its decisions on states