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3. International Law > 4. Law Of The Sea > Flashcards

4. Law Of The Sea Flashcards

1
Q

Territorial water

A
  1. Art 3
  2. 12 nm from baseline
  3. Rt of coastal state - water, airspace, seabed and subsoil… Partial sovereignty

4 rt of other states. (LL OR C)
A. Rt of innocent passage (17)
B. Continous and expeditious (18)
C. Innocent - not prejudicial to peace, good order and security (19)
D. Submarines -on surfce - flags (20)
E. Foreign nuclear ship - declare- appropriate precautions (23)

  1. Duty of state - appropriate publicity of any danger

Right. Therefore coastal state cannot act arbitrarily. Corfu channel case.

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2
Q

Measurement of baseline. 3 rules and 2 case

A
  1. Lower watermark using trace parallel rule ( smooth)
  2. Arc of circles
  3. Straight baseline method - highly intended

ANGLO NORWEGIAN FISHERIES CASE -

  1. Sbl for highly intended coast
  2. Must not depart from general direction of coast
  3. Economic interest peculiar to the region must be considered
  4. Not such that it cuts off the territorial sea of another state from its CZ or EEZ

QATAR VS BAHRAIN- a certain degree of coastal intendation is prerequisite

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3
Q

Contiguous zone

A

Art 33

  1. 12 nm from TS

Rights of the coastal state
1. Prevent and punish for it’s CFIS infringements
2 no sovereignty. Only police and revenue jurisdiction. Security aspect absent

Indian position same as unclos but with security aspects

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4
Q

Define Continental shelf

A
  1. Art 76
  2. Seabed plus subsoil of it’s submarine area beyond its T’S throughout the natural prolongation of it’s land territory to the outer edge of its continental margin or upto a distance of 200nm from the baseline
  3. If outer edge if CM beyond 200 nm
    350 nm from the baseline OR
    100 nm beyond the 2500m isobath
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5
Q

Rights of the coatal state over continental shelf

A
  1. Soverign right for exploiting and exploring CS and its natural resource
  2. Such E&E shouldn’t result in unjustifiable interference with the navigation, fishing , conservation of living resources of the sea

3 any E and E beyond 200 nm make contribution to IBSA.

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6
Q

Delimitation of continetal shelf between 2 or more states

A

Case 1 - when coasts are opposite to each other- boundary =median line

Case 2 - other case - equidistant from the nearest point of baseline from which T’S of each state is measured

EQUIDISTANT PRINCIPLE
NORTH SEA CONTINENTAL SHELF CASE
1. eqp has not through its application by certain no of countries become a settled rule
2. Only if agreement. Otherwise just and equitable share according to the length of coastline

LIBYA vs MALTA

  1. no need to take into account economic position of the parties concerned
  2. But security and defence interests

Art 83 of UNCLOS - Agreement based on IL to reach equitable solution. Donot mention equidistant principal

Indian position same as UNCLOS

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7
Q

Eez define

A

Art 57
200 nm from baseline minus TS

Water coloumn + seabed + subsoil

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8
Q

Rights and duties of coastal states on EEZ

A
  1. Soverign rights
    A. Exploiting/ conserving / managing living and non living resources
    B. Economic exploitation like enrgy from ocean current

Underlines the fact that only economic rights arw soverign rights

  1. JURISDICTIONAL RIGHTS
    a. Artificial islands, installation and structure
    B. Protecting marine environment
    C marine scientific research
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9
Q

Rights and duties of other state c Or ll on EEZ

A
  1. Right of navigation, overflight, laying submarine cables - no need of permission
  2. Research or fishing - need consent
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10
Q

Article for delimitation of CS and eez in unclos

A

Cs - 83

Eez - 74

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11
Q

Eez and continental shelf comparison

A

Similarities - economic and equitable solution

Differences
1. Breadth
2. Eez includes water coloum also
3. Cs inherently belongs to state. EEZ must be specifically declared
4. Content of legal regime
A. Exploitation of living and non living resources
B. Preventing pollution - wider jurisdiction in EEZ
C. marine scientific research - same as above

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12
Q

Eez vs continental shelf content of legal regime - exploitation of resources

A
  1. Living resources
    Eez - state must share surplus with other states. No such obligation on CS
  2. NON living resources- CS - beyond 200 nm make contribution to IBSA
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13
Q

High seas. What are the rights? Certain qualifications

A

Art 86 Breadth - beyond EEZ

Rights
1. Navigation or overflight
2  artificial islands
3. Submarine cables
4. Fishing 
5  scientific research

Rights not absolute but qualified
1. Warship can approach to a certain nationality
2 search and seizure of slave trade
3. Supress unauthorized broadcastinv
4. Treaty rights given to each other’s flag ship
5. Requirement of conservation and protection of env
6. Piracy

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14
Q

Piracy

A

Art 101

Essentials
1. High sea
2. Pvt ship 
3. Pvt ends
4  in a place outside jurisdiction of Any
 state 
5. Violence/ depredation
6. Against a ship/ aircraft

Offence against all nation. So every state has jurisdiction

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15
Q

Right of hot pursuit

A

111
1. Acc to customary law only iw Or TS. 1982 convention- cz, cs, eez

  1. Rationale - cannot evade jurisdiction by escaping to high sea
  2. Conditions that need to be fulfilled by persuing state
    - satisfied of violation
    - visual or auditory signal to stop
    - military warship or aircraft
    - stops when enters TS of third state or it’s own
    - cannot resume once broken off
  3. Indian position same as unclos but includes illegal fishing also
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16
Q

International seabed authority

A
  1. Art 158
  2. Govern and control access
  3. Control access of pvt entities
  4. Pvt entities taxed and proceeds distributed

Identify 2 areas, tech transfer on fair terms

17
Q

Dispute settlement under UNCLOS

A

Procedures given to ART 287

  1. Intl tribunal for law of seas
  2. Icj
  3. Arbitral tribunal - annex 7
  4. Special arbitral tribunal- annex 8

International tribunal for law of seas
1. 21 member experts
2 9 year term
3. Conflict of interest of nationality replace with person chosen by country
4. Hamburg Germany
5. Jurisdiction - all applications submitted to it in accordance with convention

18
Q

What is the position of straits

A

Art 37,38

  1. All ships and aircrafts get right of passage in straits which are used for international navigation, one part of eez or high seas to
  2. Transit passage - continous and expeditious
  3. Corfu channel case - the geographical location and facts of it’s usage for international travel will determine its position as international maritime highway
  4. Duties of ship and aircraft during TP- proceed without delay(except in case of force majuere) , refrain from using force
  5. 2 exception
    - equally convenient route seaward
    - if strait formed by island of state and mainland of same state
19
Q

Positives of UNclos

A
  1. Canon ball claims of imperial power
  2. Reduced conflicts
  3. Innocent passage in TS
  4. Eez.
  5. Isba
  6. Key Narrow straits- transit passage
  7. Dispute resolution mechanism set up
20
Q

Negatives

A
  1. Cs
  2. Imperialist powers. 200nm from uninhabited land also
  3. Us not member
  4. 36% Excluded from common heritage. Privatization nationalisation
  5. ISBA has not turned down exploratory mining request
21
Q

Status of individuals under international law.

A

Subjects - Rights, duties, procedural capacity (as defined by starke)

  1. Rights- udhr, unhrc
    Lawless case - illegal detention by Irish govt valid. But ECHR - observation of commission to the prisoner. EcourtHR- upheld
    Danzing railway official case - individuals can claim rights under treaties
  2. Duties
    - piracy
    - war criminals
    - genocide
    - aircraft hijacking
    - kidnapping diplomatic personnel
    - drug trafficking
  3. procedural capacity
  4. European convention ( lawless and debecker case)
  5. Icccpr,
  6. Intl convention on elimination on all forms of racial discrimination

3. International Law (14 decks)

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