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 Spring Semester 2015

3 Overview of Objectives Maritime Boundaries and Jurisdictional Principles (Cont’d) 1. The Territorial Sea 2. The International Straits 3. The Contiguous Zone 4. The Exclusive Economic Zone (EEZ) 5. The Continentel Shelf 6. The High Seas

4 Maritime Boundaries Zone

5 1. The Territorial Sea Territorial seas are those waters which lie between offshore and land territory. Territorial sea is the part of the sea which is close to land and have a certain width. Territorial sea is included in the state territory. Maritime Boundaries and Jurisdictional Principles Land Internal waters Territorial sea

6 1. The Territorial Sea a. The width of the territorial sea Historically, there has been a lot of disagreement as to how far the ‘territorial sea’ may extend from the base line. Maritime Boundaries and Jurisdictional Principles Land Internal waters Territorial sea Baseline ?

7 1. The Territorial Sea a. The width of the territorial sea Originally, the ‘cannon-shot’ rule defined the width required in terms of the range of shore-based artillery. But at the turn of the nineteenth century, this was transmuted into the ‘3 - miles rule’ Maritime Boundaries and Jurisdictional Principles Land Internal waters Territorial sea 3 NM Baseline

8 1. The Territorial Sea a. The width of the territorial sea - Recently the 3-miles rule has been discarded as a rule of general application to be superseded by contending assertions. - The 1958 Geneva Convention on the Territorial Sea did not include an article on the subject because of disagreements among the states Geneva Conference failed to accept any convention. Maritime Boundaries and Jurisdictional Principles

9 1. The Territorial Sea a. The width of the territorial sea Article 3 of the 1982 Convention, however, notes that all states have the right to establish the breadh of the territorial sea up to a limit not exceeding 12 NM from the baselines. Maritime Boundaries and Jurisdictional Principles Land Internal waters Territorial sea Up to 12 NM

10 1. The Territorial Sea a. The widh of the territorial sea Turkey has adopted the 12-mile limit in the Black Sea and Mediterranean but a 6-mile limit in the Aegean. Maritime Boundaries and Jurisdictional Principles 12 NM 6 NM

11 1. The Territorial Sea b. The Juridical nature of the territorial sea A state has complete sovereign control over all areas including the airspace, waters, seabed, and subsoil within the delimated area (territorial sea) Convention states that (Art. 2); (1) The sovereignty of a coastal State extends beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the ‘territorial sea’. Maritime Boundaries and Jurisdictional Principles

12 28 National airspace International air space High seas Land Territorial sea 1. The Territorial Sea b. The Juridical nature of the territorial sea 1982 Convention states that (Art. 2); (2) This sovereignty extends to the air space over the ‘territorial sea’ as well as to its ‘bed and subsoil’. Maritime Boundaries and Jurisdictional Principles

13 1. The Territorial Sea b. The Juridical nature of the territorial sea The coastal state may, if it so desires, exclude foreign nationals and vessels - from fishing within its ‘territorial sea’ and - from coastal trading (known as cabotage), and - reserve these activities for its own citizens. Maritime Boundaries and Jurisdictional Principles

14 1. The Territorial Sea b. The Juridical nature of the territorial sea Similarly the coastal state has extensive powers of control relating to, amongs others, ‘security’ and ‘customs’ maters. The fundamental restriction upon the sovereignty of the coastal state is the right of other nations to ‘innocent passage’ through the ‘territorial sea’. Maritime Boundaries and Jurisdictional Principles

15 1. The Territorial Sea c. The right of innocent passage Passage means 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 call at such roadstead or port facility (Art. 18/1, UNCLOS III). Maritime Boundaries and Jurisdictional Principles

16 1. The Territorial Sea c. The right of innocent passage Maritime Boundaries and Jurisdictional Principles

17 1. The Territorial Sea c. The right of innocent passage Passage shall be - ‘continuous’ and - ‘expeditious’ (Art. 18/2, UNCLOS III). Passage is innocent so long as it is not prejudicial to the ‘peace’, ‘good order’ or ‘security’ of the coastal State (Art. 19/1, UNCLOS III). Submarines and other underwater vehicles are required to navigate on the surface and to show their flag. Maritime Boundaries and Jurisdictional Principles

18 1. The Territorial Sea c. The right of innocent passage The ship in innocent passage has a duty to obey all safety and navigation rules established by the coastal state (Art. 19/2, UNCLOS III). For example, passage of a foreign fishing vessel is not considered innocent passage if it fails to observe the laws and regulations prohibiting fishing by such vessels in the territorial sea (Art. 19/2-i, UNCLOS III).. Maritime Boundaries and Jurisdictional Principles

19 1. The Territorial Sea c. The right of innocent passage The coastal state may not exercise its criminal or civil jurisdiction on board a ship in innocent passage - unless an activity disturbs the ‘peace’, ‘good order’, or ‘security’ of the coastal state or - the captain of the vessel requests assistance (Art. 27, UNCLOS III). Presumably, the right of innocent passage applies to ‘warships’ as well as ‘merchentships’. Maritime Boundaries and Jurisdictional Principles

20 2. The International Straits An international strait is any ‘passage’ connecting two portions of the high seas or EEZs Maritime Boundaries and Jurisdictional Principles

21 2. The International Straits The contemporary trend towards expansive claims to territorial sea means that many of ‘these passages’ now fall entirely within territorial sea. Writers have identified at least 120 ‘international straits’ in the world that have a width of 24 miles or less. Maritime Boundaries and Jurisdictional Principles

22 2. The International Straits The 1982 Convention (Art. 38) grants ‘transit passage’, defined as ‘continuous’ and ‘expeditious’ passage, through (and over) international straits. The 1982 Convention established a new regime for straits used for international navigation. Maritime Boundaries and Jurisdictional Principles

23 2. The International Straits A new rights of transit passage is posited with respect to straits used for international navigation between one part of the ‘high seas’ or an ‘EEZ’ and another part of the ‘high seas’ or an ‘EEZ’ (Art. 37, UNCLOS III). Transit passage - involves the exercise of ‘freedom of navigation’ and ‘overflight’ solely, - must be for the purpose of ‘continuous’ and the ‘expeditious’ transit of the strait(Art. 38/2, UNCLOS III). States bordering straits shall not hamper transit passage (Art. 44/, UNCLOS III).. Maritime Boundaries and Jurisdictional Principles

24 2. The International Straits The regime of ‘transit passage’ specifically allows - for the passage of ‘aircraft’ and - for underwater ‘submarines’. And it also means ‘less power for the coastal state’ to control passage than in the case of ‘innocent passage’. Maritime Boundaries and Jurisdictional Principles

25 2. The International Straits A number of straits are subject to special regimes, which are unaffected by these provisions. One important example is the ‘Montereux Convention of 1936’ governing the Istanbul and Çanakkale Straits. The Montereux Convention provides - for complete freedom of transit on navigation for merchant vessels during peacetime and - for freedom of transit during daylight hours for some warships that give prior notification to Turkey. Maritime Boundaries and Jurisdictional Principles

26 3. The Contiguous Zone The 1982 Convention defines the Contiguous Zone. Article 33 declared that: In a zone contiguous to its territorial sea, described as the ‘contiguous zone’, the coastal State may exercise the control necessary to: (a) prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea; (b) punish infringement of the above laws and regulations committed within its territory or territorial sea. Maritime Boundaries and Jurisdictional Principles

27 3. The Contiguous Zone 1982 Convention defines the Contiguous Zone. Article 33 declared that (cond’t): The ‘contiguous zone’ may not extend beyond 24 NM from the baselines. Maritime Boundaries and Jurisdictional Principles Kıta Sahanlığı contigious zone

28 4. The Exclusive Economic Zone (EEZ) 1982 Convention defines the EEZ. Article 55 declared that: The EEZ is; - an ‘area’ beyond and adjacent to the territorial sea, - subject to the specific legal regime established in this Part. Maritime Boundaries and Jurisdictional Principles

29 4. The Exclusive Economic Zone (EEZ) The EEZ shall not extend beyond 200 NMs from the baselines from which the breadth of the territorial sea is measured. Maritime Boundaries and Jurisdictional Principles Exclusive Economic Zone (EEZ) 200 NM

30 4. The Exclusive Economic Zone (EEZ) Article 56 defined the coastal state rights in the EEZ: - Within the 188 (200-12=188) mile area, states have ‘limited sovereign rights (exclusive rights)’. An example of this limitation: the coastal state may not enforce customs or other regulations in the EEZ. - The area of the EEZ does not qualfy as “high seas” because the coastal state has certain limited “sovereign rights” and certain duties. Maritime Boundaries and Jurisdictional Principles

31 4. The Exclusive Economic Zone (EEZ) In the EEZ, the coastal state has the right - to exploit and - take measures to conserve and manage the natural resources, living or non-living, of the waters above seabed, of the seabed and its subsoil - to determine the allowable catch of the living resources - to build artificial islands and other installations and structers (Art. 56, UNCLOS III) Maritime Boundaries and Jurisdictional Principles

32 Exclusive Economic Zone (EEZ) 200 NM 4. The Exclusive Economic Zone (EEZ) In the EEZ, other states may enjoy rights of - navigation - overflight and - laying of submarine cables and pipelines. Maritime Boundaries and Jurisdictional Principles

33 4. The Exclusive Economic Zone (EEZ) Maritime Boundaries and Jurisdictional Principles

34 4. The Exclusive Economic Zone (EEZ) Turkey signed a treaty with Black Sea littoral states related to EEZ of Black Sea. Turkey only has EEZ in the Black Sea. No contiguous zone have been declared and there are no other EEZ. Maritime Boundaries and Jurisdictional Principles EEZ Of Turkey

35 5. The Continentel Shelf Until 1945, exploitation of the deep seabed and subsoil outside of the territorial sea was open to all on an equal basis. Maritime Boundaries and Jurisdictional Principles

36 5. The Continentel Shelf In September 1945, President Harry Truman issued a proclamation that reserved exclusive rights to the US over an area of the ocean floor outside of the territorial sea termed the “continental shelf” ‘The Truman Proclamation’ attempted to balance the interest in controlling access to resources with freedom of navigation and fishing. The claim involved only the seabed and subsoil, not the superjacent waters or airspace. In sum, the waters and airspace above the shelf outside of the territorial sea would retain their character as ‘high seas’. Maritime Boundaries and Jurisdictional Principles

37 5. The Continentel Shelf Article 1 of the 1958 Convention on the Continental Shelf defined the shelf in terms of its exploitability rather than relying upon the accepted ‘geological defination’. Accordingly, the expression referred to the ‘seabed’ and ‘subsoil’ of the submarine areas - adjacent to the coast but outside the territorial sea to a depth of 200 metres or - ‘beyond that limit to where the depth of the superjacent waters admits of the exploitation of the natural resources of the said areas’ Maritime Boundaries and Jurisdictional Principles

38 5. The Continentel Shelf This provision caused problems, since developing technology rapidly reached a position to extract resources to a much greater than 200 metres. Article 1 was, however, regarded as reflecting customary law by the Court in the ‘North Sea Continantal Shelf’ case. In this context, Continantal Shelf is now accepted as the geographical criterion Maritime Boundaries and Jurisdictional Principles

39 Kara Continantal Shelf Slope 200 NM 350 NM 5. The Continentel Shelf This approach has, however, been somewhat modified. Article 76 (1) of the 1982 Convention defined the continental shelf: - of a coastal state comprise 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 NM from the baselines where the outer edge of the continental margin does not extend up to that distance. Maritime Boundaries and Jurisdictional Principles Baseline

40 5. The Continentel Shelf Maritime Boundaries and Jurisdictional Principles Kara Continantal Shelf Slope 200 NM 350 NM Baseline

41 5. The Continentel Shelf Where the continental margin actually extends beyond 200 NM, geographical factors are to be taken in to account in establishing the limit, which in any event shall not exceed either 350 NM from the base lines or 100 NM from the metre isobath. Where the shelf does not extend as far as 200 NM from the coast, ‘natural prolongation’ is complemented as a guiding principle by that distance. Maritime Boundaries and Jurisdictional Principles

42 5. The Continentel Shelf The coastal State exercises over the continental shelf ‘sovereign rights’ for the purpose of exploring it and exploiting its natural resources (Art. 76, UNCLOS III). These sovereign rigts exist ‘ipso facto’ and ‘ab initio’ and do not depend upon occupation or express proclamation. The sovereign right specifiacally relate to natural resources on the seabed and subsoil. Maritime Boundaries and Jurisdictional Principles

43 5. The Continentel Shelf The natural resources consist of the mineral and other non-living resources of the ‘seabed’ and ‘subsoil’. These ‘sovereign rights’ do not effect the status of the superjacent waters as ‘high seas’, or that of the ‘airspace’ above the waters. Maritime Boundaries and Jurisdictional Principles

44 5. The Continentel Shelf Maritime Boundaries and Jurisdictional Principles

45 Maritime Boundaries and Jurisdictional Principles High Seas 6. The High Seas The ‘high seas” were defined in Article 1 of the Geneva Convention on the High Seas and modified in Article 86 of the 1982 Convention: all parts of the sea that are not included in the EEZ, in the territorial sea or in the internal waters of a state, or in the archipelagic waters of an archipelagic state.

46 Maritime Boundaries and Jurisdictional Principles 6. The High Seas Exclusive Economic Zone (EEZ) 200 NM Contiguous zone High Seas

47 Maritime Boundaries and Jurisdictional Principles 6. The High Seas The high sea are open to all states, whether coastal or land-locked. ‘Freedom of the high seas’ is exercised under the rules of international law. Freedom of the high seas includes ‘inter alia’ the - freedom of navigation; - freedom of overflight; - freedom to lay submarine cables and pipelines. UNCLOS III (Art. 88,89) state that the high seas shall be “reserved for peaceful purposes”.

48 Maritime Boundaries and Jurisdictional Principles 6. The High Seas - Jurisdiction on the High Seas The basic principle relating to jurisdiction on the high seas is that the ‘flag state’ alone may exercise such rights over ship. However, - this basic principle is subject to exceptions regarding other vessels, and - the concept of the ‘freedom of the high seas’ is similarly limited by the existence of a series of exceptions. Warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State.

49 Maritime Boundaries and Jurisdictional Principles 6. The High Seas - Righ of Visit Warships have ‘right of approach’ to ascertain the ‘nationality’ of ships. - GOOD MORNING SIR, THIS IS TURKISH WARSHIP - I AM CONDUCTING SURVEILLANCE OPERATIONS. - PLEASE ANSWER MY QUESTIONS REGARDING YOUR SHIP. - I DO NOT INTEND TO DELAY OR IMPEDE YOUR TRANSIT, PLEASE COOPERATE.

50 Maritime Boundaries and Jurisdictional Principles 6. The High Seas - Righ of Visit However this right of approach to identify vessels does not incorporate the right to board or visit ships.

51 Maritime Boundaries and Jurisdictional Principles 6. The High Seas - Righ of Visit This may only be undertaken, where the ship - is engaged in ‘piracy’ or, - is engaged in the ‘slave trade’, or, - is engaged in ‘unauthorized broadcasting’, - is ‘without nationality’ (Art. 109,110, UNCLOS III).

52 Maritime Boundaries and Jurisdictional Principles 6. The High Seas - Hot Pursuit If a ship commits an offence within the internal waters, territorial waters, contiguous zone, EEZ, or continental shelf of a coastal state and attempts to leave, the appropriate authorities of the coastal state may pursue the vessel into the high seas to effect arrest. Land Internal waters Territorial sea (up to 12 nm) contiguous zone (24 nm) EEZ (200 nm)

53 Maritime Boundaries and Jurisdictional Principles 6. The High Seas - Hot Pursuit Hot pursuit - must be commenced when the foreign ship is within the ‘internal waters’, the ‘territorial sea’, the ‘contiguous zone’, the ‘EEZ’, or ‘continental shelf’ of the pursuing State, and - may only be continued outside these zone if the pursuit has not been interrupted. - ceases as soon as the ship pursued enters the territorial sea of its own State or of a third State.

54 Maritime Boundaries and Jurisdictional Principles 6. The High Seas - Hot Pursuit 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. The right of hot pursuit may be exercised only by ‘warships’ or ‘military aircraft’.