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Topic United nations convention on law of the sea. In this chapter, the following content will be discussed: The “constitution” of the oceans, UNCLOS I, UNCLOS II, UNCLOS III, conventions on the law of the sea, division of waters of the globe, internal waters,...
UNITED NATIONS CONVENTION ON LAW OF THE SEA THE “CONSTITUTION” OF THE OCEANS • Concluded in 1982 and entered into force in 1994 • The most significant modification of the law of the sea in the past 500 years • Regulates most contemporary marine sector activities • Most treaties are constrained by the Law of the Sea Convention • Source of conflict among States and at the same time unites them • 164 Ratifications as at 24 Sept 2012 Part II Part IV Part V Part VI Part VII Part X Part XI The territorial sea and contiguous zone Archipelagic States Exclusive economic zone The continental shelf High seas Right of access of land-locked states The Area UNCLOS I TERITORIAL SEA AND THE CONTIGUOUS ZONE (10 SEP 1964) HIGH SEAS (30 SEP 1962) CONVENTION ON FISHING & LIVING RESOURSES OF HIGH SEAS (20 MAR 1966) CONVENTION ON CONTINENTAL SHELF (10 JUN 1964) UNCLOS II TERRITORIAL SEA EXCLUSIVE FISHERY ZONE TERRITORIAL SEA nm EXCLUSIVE OR PARTIALLY EXCLUSIVE FISHERY ZONE nm AS PER UNCLOS II ( MAR - APR 1960 ) UNCLOS III 1ST SESSION 2ND SESSION 3RD SESSION 4TH SESSION 5TH SESSION 6TH SESSION 7TH SESSION 8TH SESSION 9TH SESSION 10TH SESSION 11TH SESSION FINAL SESSION 1973 1974 1975 1976 1976 1977 1978 1979 1980 1981 1982 1982 NEW YORK CARACAS GENEVA NEW YORK NEW YORK NEW YORK GENEVA AND NEW YORK GENEVA AND NEW YORK NEW YORK AND GENEVA NEW YORK AND GENEVA NEW YORK MONTEGO BAY, JAMAICA CONVENTIONS ON THE LAW OF THE SEA TERRITORIAL SEA AND CONTIGUOUS ZONE INTERNATIONAL STRAITS EXCLUSIVE ECONOMIC ZONE CONTINENTAL SHELF HIGH SEAS MARINE ENVIRONMENT AND SCIENTIFIC RESEARCH SETTLEMENT OF DISPUTES DIVISION OF WATERS OF THE GLOBE INTERNAL WATERS TERRITORIAL WATERS CONTIGUOUS WATERS CONTINENTAL SHELF HIGH SEAS INTERNAL WATERS THE INTERNAL WATERS OF THE STATE COMPRISE BOTH SALT AND FRESH WATERS WHICH LIE WITHIN THE BASE LINE OF TERRITORIAL WATERS THESE INCLUDE RIVERS AND FRESH WATER LAKES, THE WATERS WITHIN PORTS AND CERTAIN OTHER LAND LOCKED WATERS MALAYSIA MALAYSIA TRANSIT PASSAGE THROUGH INTERNATIONAL STRAITS SINGAPORE T ffic Se pa ratio m BATAM ANY THREAT OR USE OF FORCE AGAINST THE INDEPENDENCE OF COASTAL OR ISLAND NATION NO EXERCISE OR PRACTICE OF WEAPONS IN INNOCENT PASSAGE AIRCRAFT CANNOT BE LAUNCHED OR LANDED WHILE PASSING INNOCENT PASSAGE INTELLIGENCE COLLECTION ACTIVITIES PROHIBITED IN AN INNOCENT PASSAGE INNOCENT PASSAGE NO RESEARCH & SURVEY SURVEY INNOCENT PASSAGE INNOCENT PASSAGE DOES NOT INCLUDE RIGHT OF OVERFLIGHT INNOCENT PASSAGE SUBMARINES ARE REQUIRED TO NAVIGATE ON THE SURFACE WHILE PASSING THROUGH FOREIGN TERRITORIAL SEA HOT PURSUIT IS A LEGITIMATE CHASE OF A FOREIGN VESSEL ON THE HIGH SEAS WHEN SHE OR A PERSON ON BOARD, HAS VIOLATED THE LAWS OF A STATE WHILST IN ITS JURISDICTIONAL WATERS A TE WA R R I TE TOR R OF IAL ‘B ’ TERRITORIAL WATER OF ‘A’ B RIGHT OF HOT PURSUIT RIGHT ENVISAGES PURSUING OF TERRITORIAL SEAS TO HIGH SEAS RESTRICTIONS ON COASTAL STATE: FOREIGN SHIP FROM – PURSUIT MAY BE COMMENCED ONLY IF FOREIGN SHIP DOES NOT ABIDE BY THE VISUAL OR AUDIO SIGNAL TO STOP – PURSUIT IS CONTINUOUS AND NOT INTERRUPTED – PURSUED SHIP HAS NOT SUCCEEDED IN ENTERING ITS OWN OR A THIRD STATES TERRITORIAL SEA – NO EXCESSIVE FORCE USED TO SECURE RETURN OF SHIP TO ANY PORT OF PURSUING STATE – CAN BE EXERCISED ONLY BY WARSHIPS/MILITARY AIRCRAFTS OR OTHER GOVT SHIPS/AIRCRAFTS ESPECIALLY AUTHORISED – IF PURSUIT COMMENCED/SHIP STOPPED WITHOUT JUSTIFIABLE REASON IT HAS TO BE COMPENSATED WARSHIP “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” RIGHTS AND DUTIES OF WARSHIPS SEIZURE ON ACCOUNT OF PIRACY (ART 107) RIGHT OF VISIT ON THE HIGH SEAS (I) ENGAGED IN PIRACY (III) ENGAGED IN UNAUTHORISED BROADCASTING (II) (IV) (V) WARSHIP SHOW ENGAGED IN SLAVE TRADE WITHOUT NATIONALITY OF THE NATIONALITY AS THAT OF THE BUT FLYING A FOREIGN FLAG OR REFUSING TO ITS FLAG (ART 110) TO EXERCISE RIGHT OF HOT PURSUIT (ART 115 (5) TO EXERCISE POWER OF ENFORCEMENT AS REGARDS TO PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT (ART 224) SETTLEMENT OF DISPUTES INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA ESTABLISHED IN TERMS OF ANNEX VI INTERNATIONAL COURT OF JUSTICE ARBITRAL TRIBUNAL CONSTITUTED IN TERMS OF ANNEX VII SPECIAL ARBITRAL TRIBUNAL CONSTITUTED IN TERMS OF ANNEX VIII FOR CATEGORIES OF DISPUTES SPECIFIED THEREIN ... MONTEGO BAY, JAMAICA CONVENTIONS ON THE LAW OF THE SEA TERRITORIAL SEA AND CONTIGUOUS ZONE INTERNATIONAL STRAITS EXCLUSIVE ECONOMIC ZONE CONTINENTAL SHELF HIGH SEAS MARINE ENVIRONMENT... contemporary marine sector activities • Most treaties are constrained by the Law of the Sea Convention • Source of conflict among States and at the same time unites them • 164 Ratifications as at.. .THE “CONSTITUTION” OF THE OCEANS • Concluded in 1982 and entered into force in 1994 • The most significant modification of the law of the sea in the past 500 years • Regulates most contemporary