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The Philippines on Friday criticized China for blocking the routine maritime patrols of the Philippine Coast Guard's vessels near the Ayungin Shoal in the West Philippine Sea. The breadth of the territorial sea, contiguous zone, and EEZ (and in some cases the continental shelf) is measured from thebaselinedetermined in accordance with customary international law as reflected in the1982 Law of the Sea Convention offsite link. The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established . The areas are as follows: Internal waters: Covers all water and waterways on the landward side of the baseline. 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. Territorial sea: Up to 12 nautical miles (22 kilometres; 14 miles) from the baseline, the coastal state is free to set laws, regulate the use, and use any resource, in essence, the coastal State enjoys Sovereign rights and sovereign jurisdiction within its territorial sea. 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, described as a "constitution for the oceans," represents an attempt to codify international law regarding territorial waters, sea-lanes, and ocean resources. [5], In the early 20th century, some nations expressed their desire to extend national claims: to include mineral resources, to protect fish stocks, and to provide the means to enforce pollution controls. Note: Under certain U.S. fisheries laws, such as the Magnuson-Stevens Fishery Conservation and Management Act, the term EEZ is defined as having an inner boundary that is coterminous with the seaward (or outer) boundary of each of the individual coastal states of the U.S.See16 U.S.C. It coincides with the inner limit of the outer continental shelf under theOuter Continental Shelf Lands Act. The U.S. generally recognizes claims of foreign nations to an EEZ. The United States objected to the provisions of Part XI of the convention on several grounds, arguing that the treaty was unfavorable to American economic and security interests. The portion of a coastal State's continental shelf that lies beyond the 200 nm limit is often called the extended continental shelf. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. The coastal State may exclude foreign flag vessels from its internal waters subject to the right of entry of vessels in distress. The United States proclaimed jurisdiction and control over its continental shelf in 1945 (Presidential Proclamation No. As of June2016[update], 167 countries and the European Union are parties. 5201 came within 50 yards of the BRP Malapascua, blocking the latter's path and exposing the Philippine vessels' crew to danger. And Turkey's claim is that islands/islets can't have EEZ aa if they are mainlands. See43 U.S.C. Where the distance between the low-water marks of the natural entrance points of a bay exceeds 24nautical miles, a straight baseline of 24nautical miles shall be drawn within the bay in such a manner as to enclose the maximum area of water that is possible with a line of that length. For the purposes of this Convention, a bay is a well-marked indentation 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. Passage shall be continuous and expeditious. 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. With such exceptions as are contained in subsectionA and in articles30 and31, nothing in this Convention affects the immunities of warships and other government ships operated for non-commercial purposes. [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? [26] The IGC convened a total of six sessions in 2018, 2019, 2022 and 2023 to negotiate the text for the BBNJ legal instrument. Roadsteads which are normally used for the loading, unloading and anchoring of ships, and which would otherwise be situated wholly or partly outside the outer limit of the territorial sea, are included in the territorial sea. 4. [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. 2. website belongs to an official government organization in the United States. An official website of the United States government. UNCLOS is the only international convention which stipulates a framework for state jurisdiction in maritime spaces. 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. Alow-tide elevation is a naturally formed area of land which is surrounded by and above water at low tide but submerged at high tide. Except where otherwise provided in this Convention, the normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State. 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. 1960, UNCLOS II: No agreement was reached over breadth of territorial waters 1973, UNCLOS III: It introduced a number of provisions the most . (Frederic J. Brown/AFP via Getty Images) When the coast is deeply indented, has . 3. All coastal states have the. The UNCLOS international agreement was signed on 10 December 1982 in Montego Bay, Jamaica. [7], By 1967, only 25 nations still used the old three nautical mile limit,[8] while 66 nations had set a 12-nautical-mile (22km) territorial limit[9] and eight had set a 200-nautical-mile (370km) limit. 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.) The convention introduced a number of provisions. Proceedings of the 14th Biennial Coastal Zone Conference, 2005. The resulting convention came into force on 16 November 1994, one year after the 60th state, Guyana, ratified the treaty. 1970) (construing U.S. authority under the Outer Continental Shelf Lands Act and identifying U.S. rights and interests in the outer continental shelf). Exclusive Economic Zone of the United States. 1802(11) offsite link. 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. As per this map, those islands/islets are so . A state's continental shelf may exceed 200 nautical miles (370km) until the natural prolongation ends. 5. Total areas under national jurisdiction excluding extended continental shelves beyond 200 nm. Off-shore installations and artificial islands shall not be considered as permanent harbour works. [6]) Using the customary international law principle of a nation's right to protect its natural resources, President Harry S. Truman in 1945 extended United States control to all the natural resources of its continental shelf. 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. (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.) 0000003644 00000 n . Reg. UNCLOS came into force in 1994, a year after Guyana became the 60th nation to ratify the treaty. Criminal jurisdiction on board a foreign ship. 1. 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. 1. Combination of methods for determining baselines. 1. The success of an offshore oil platform in the Gulf of Mexico in 1947 was soon repeated elsewhere in the world, and by 1970 it was technically feasible to operate in waters 4,000 metres (13,000ft) deep. The U.S.-Russia maritime boundary proceeds through the Bering Strait between Little Diomede Island and Big Diomede Island.Additional Reference Information: The Area is comprised of the seabed and subsoil beyond the limits of national jurisdiction. The most significant issues covered were setting limits, navigation, archipelagic status and transit regimes, exclusive economic zones (EEZs), continental shelf jurisdiction, deep seabed mining, the exploitation regime, protection of the marine environment, scientific research, and settlement of disputes. The limits shown on the most recent chart edition takes precedence. 34 offsite link. 7219,August 2, 1999), consistent with Article 33 of the Law of the Sea Convention. Alternatively, a list of geographical coordinates of points, specifying the geodetic datum, may be substituted. 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. It is slightly more than a land measured mile (1 nautical mile = 1.1508 land miles or 1.85 km). [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). 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. States bordering straits used for international navigation may designate sea lanes and prescribe traffic separation schemes for navigation in accordance with Part III where necessary to promote safe passage of ships. A man waters his lawn in Alhambra on April 27, 2022, a day after Southern California declared a water-shortage emergency, with unprecedented new restrictions on outdoor watering for millions of people living in Los Angeles, San Bernardino and Ventura counties. Where a low-tide elevation is wholly situated at a distance exceeding the breadth of the territorial sea from the mainland or an island, it has no territorial sea of its own. (b) proceeding to or from internal waters or a call at such roadstead or port facility. [10] That limit is also used in certain Australian islands, an area of Belize, some Japanese straits, certain areas of Papua New Guinea, and a few British Overseas Territories, such as Gibraltar. 0000006450 00000 n SECTION 2. The 1982 convention was signed by 117 states and it establishes rules governing all uses of the ocean and its resources. 1. However, foreign ships, both civilian and military, are permitted 'innocent passage' through it. INS, Changing Definition of External Boundary of the United States. "Innocent passage" is defined by the convention as passing through waters in an expeditious and continuous manner, which is not "prejudicial to the peace, good order or the security" of the coastal state. Foreign states may also lay submarine pipes and cables. LOSC. 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. United Nations Convention on the Law of the Sea, Article 5, Dec. 10, 1982, 1833 U.N.T.S. [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). The practical effect of straight baselines is that they push a State's maritime borders outward. 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. However, it may never exceed 350nmi (650km; 400mi) from the baseline; nor may it exceed 100nmi (190km; 120mi) beyond the 2,500 metres (8,200ft) isobath (the line connecting the depth of 2500 m). For example, the United States borders the Bering Strait, which connects the Bering Sea in the Pacific Ocean to the Chukchi Sea in the Arctic Ocean. There are exceptions; therefore, the Three Nautical Mile Line does not necessarily depict the seaward boundaries of all U.S. states in all circumstances under the Submerged Lands Act. 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. 0000034942 00000 n The right of innocent passage does not apply in internal waters. (available at: . The EEZs were introduced to halt the increasingly heated clashes over fishing rights, although oil was also becoming important. LIMITS OF THE TERRITORIAL SEA. Secure .gov websites use HTTPS [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. 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. 2. The U.S. normal baselines are ambulatory and subject to changes as the coastline accretes and erodes.Additional reference information: Internal (or inland) waters are the waters on the landward side of the baseline from which the breadth of the territorial sea is measured. 1. 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. In the cases provided for in paragraphs1 and2, the coastal State shall, if the master so requests, notify a diplomatic agent or consular officer of the flag State before taking any steps, and shall facilitate contact between such agent or officer and the ship's crew. 10 Article 58. 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). In the Great Lakes, each U.S. states seaward boundary may extend to the international maritime boundary with Canada. In casual use, the term may include the territorial sea and even the continental shelf. If a river flows directly into the sea, the baseline shall be a straight line across the mouth of the river between points on the low-water line of its banks. Extension of the . Charges which may be levied upon foreign ships. HU}Pgn%R@ WQt!|E,e'=Zc*-D PE 'Hm-vkb-iigupLM|q;} eOZ`?nt16pF E`q2FVRQqX;HZ} $M{BCY#_UCjzrk .GJ0Dv)F-Xd(~+%1|Ct /o>jU]o[W(EVLwVU+ |(` $X,F8Ua:=4$+9%aI.:/&oBC E2Z{9bEFO2> 5, . 0000003243 00000 n 2667 of Sept. 28, 1945). 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. Where because of the presence of a delta and other natural conditions the coastline is highly unstable, the appropriate points may be selected along the furthest seaward extent of the low-water line and, notwithstanding subsequent regression of the low-water line, the straight baselines shall remain effective until changed by the coastal State in accordance with this Convention. 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. Archipelagic waters: The convention set the definition of "Archipelagic States" in Part IV, which also defines how the state can draw its territorial borders. [18] This makes the contiguous zone a hot pursuit area. The drawing of straight baselines must not depart to any appreciable extent from the general direction of the coast, and the sea areas lying within the lines must be sufficiently closely linked to the land domain to be subject to the regime of internal waters. The coastal State may, where necessary having regard to the safety of navigation, require foreign ships exercising the right of innocent passage through its territorial sea to use such sea lanes and traffic separation schemes as it may designate or prescribe for the regulation of the passage of ships. 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. 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. LOSC art. Perhaps theearliest proclamation of the U.S. Three Nautical Mile territorial sea was documented by, Law of the Sea Convention, 1994 Letters of Transmittal and Submittal and Commentary, Proclamation 5928 of December 27, 1988, Territorial Sea of the United States of America(, Restatement (Third) of Foreign Relations Law 513 (1987). 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. 40 offsite link. Laws and regulations of the coastal State relating to innocent passage. The contiguous zone may not extend beyond 24nautical miles from the baselines from which the breadth of the territorial sea is measured. 2. Charges may be levied upon a foreign ship passing through the territorial sea as payment only for specific services rendered to the ship. 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. For the purposes of this Convention, "warship" means a ship belonging to the armed forces of a State bearing the external marks distinguishing such ships of its nationality, under the command of an officer duly commissioned by the government of the State and whose name appears in the appropriate service list or its equivalent, and manned by a crew which is under regular armed forces discipline. 4. 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. Ser. . The part of the ocean adjacent to the coast of a state that is considered to be part of the territory of that state and subject to its sovereignty. Law of the Sea, branch of international law concerned with public order at sea. The sovereignty over the territorial sea is exercised subject to this Convention and to other rules of international law. 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. Overlaps between the two groups were resolved, but a decline in the demand for minerals from the seabed made the seabed regime significantly less relevant. Transit passage means the exercise in accordance with Part III of the Law of the Sea Convention of the freedom of navigation and overflight solely for the purpose of continuous and expeditious transit of the strait. UNCLOS is an international agreement that establishes a legal framework for all maritime and marine activities. The meaning of TERRITORIAL WATERS is the waters under the sovereign jurisdiction of a nation or state including both marginal sea and inland waters. In the designation of sea lanes and the prescription of traffic separation schemes under this article, the coastal State shall take into account: (a) the recommendations of the competent international organization; (b) any channels customarily used for international navigation; (c) the special characteristics of particular ships and channels; and. As a measure of comparison, the mass of the contiguous United States (all states except Alaska and Hawaii) [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]. This article relates only to bays the coasts of which belong to a single State. China's incremental expansion and bold territorial claims in the South China Sea (SCS) over the past 20 years have raised global concerns. 2. In International Law the term territorial waters refers to that part of the ocean immediately adjacent to the shores of a state and subject to its territorial jurisdiction. No charge may be levied upon foreign ships by reason only of their passage through the territorial sea. There have been three major conferences of UNCLOS. offsite link 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 The coastal State shall not hamper the innocent passage of foreign ships through the territorial sea except in accordance with this Convention. 17 Responsibilities and Obligations of States Sponsoring Persons and Entities With Respect to Activities in the Area Advisory Opinion, International Tribunal on the Law of the Sea Finally Renders Advisory Opinion Establishing that the Precautionary Principle is Incorporated Within UNCLOS Law, "Governing areas beyond national jurisdiction", "Who Owns the Ocean's Genes? 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. Daza said that on April 23, in waters around Ayungin Shoal, China Coast Guard vessel No. 0000000802 00000 n 0000005113 00000 n 2. 11906 (June 15, 1972), consistent with the 1958 UN Convention on the Territorial Sea and Contiguous Zone. They may also adopt laws and regulations relating to transit passage in respect of certain activities, such as fishing. Where a low-tide elevation is situated wholly or partly at a distance not exceeding the breadth of the territorial sea from the mainland or an island, the low-water line on that elevation may be used as the baseline for measuring the breadth of the territorial sea. 2d International Law 85 (Inland waters) (2021). 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. UNCLOS replaced the four treaties of the 1958 Convention on the High Seas. A vessel in the high seas assumes jurisdiction under the internal laws of its flag state. Where the establishment of a straight baseline in accordance with the method set forth in article7 has the effect of enclosing as internal waters areas which had not previously been considered as such, a right of innocent passage as provided in this Convention shall exist in those waters.