Law of the Sea

Question 1

National Airspace / Territorial Sea

Answer 1

12 NM

Question 2

Contiguous Zone

Answer 2

24 NM

Question 3

Economic Exclusion Zone

Answer 3

12-200 NM

Question 4

High Seas

Answer 4

200 NM and beyond

Question 5

Low Water Line

Answer 5

The normal baseline from which maritime claims of a state are measured is the low-water line along the coast

Question 6

Territorial Seas

Answer 6

Belt of ocean that is measured seaward up to 12 NM from the baseline of the coastal state.

Right of innocent passage for ships.
Innocent passage does not include right for aircraft overflight.

Question 7

Contiguous Zone

Answer 7

Seaward from the baseline up to 24 NM in whcih coastal state may exercise control necessary to prevent or punish infringement of its customs, fiscal, immigration, and sanitary laws.

Ships and aircraft enjoy high seas freedom, including overflight.

Question 8

Exclusive Economic Zone

Answer 8

EEZ beyond 200 NM from the baseline.

Ships and aircraft enjoy high seas freedoms including overflight

Question 9

Archipelagic Waters and Sea Lanes

Answer 9

A state that is constituted wholly of one or more groups of islands.
Archipelagic baselines joining the outermost points of their outermost islands

May designate sea lanes suitable for continuous and expeditious passage of ships and aircraft

Question 10

Sovereign Immunity

Answer 10

All vessels owned or operated by a state are entitled to sovereign immunity.

Such vessels are immune from arrest or search

Aircraft retain sovereign immune status until relinquished or abandoned

Question 11

Warship

Answer 11

A ship belonging to armed forces of a nation bearing the markings distinguishing the character and nationality under the command of an officer duly commissioned by that government

Auxiliary Vessel - Other than warships owned by or under the control of the armed forces

Question 12

Military Aircraft

Answer 12

Include all aircraft operated by commissioned units of the armed forces of a nation, commanded by a member of the armed forces

State Aircraft and under sovereign immunity, subject to the right of transit passage and entry in distress

May not enter international airspace or land in the nation without authorization

Foreign officials may not board the aircraft without the consent of the aircraft commander

Question 13

Overflight of National Waters

Answer 13

Exceptions to the rule of non-entry into internal water without coastal nation permission arise when rendered necessary by force majeure or distress

Question 14

Innocent Passage

Answer 14

Ships (not aircraft) enjoy right of passage for continuous and expeditious traversing of the territorial sea

Passage is innocent so long as it is not prejudicial to the peace, good order, or security of the coastal nation

• Launching, landing, taking onboard aircraft is prejudicial

Question 15

Assistance Entry

Answer 15

All ship and aircraft commanders have an obligation to assist those in danger of being lost at sea

Aircraft have the right to enter without the permission of the coastal nation to engage in bona fide efforts to render emergency assistance when the location is reasonably know. Does not include entering the territorial sea or airspace to conduct a search

Question 16

International Straits

Answer 16

Transit Passage between high seas to another high sea

Ships and aircraft enjoy the right of unimpeded transit through straits

Solely for the purpose of continuous and expeditious transit.

Question 17

Exercising right of Transit Passage

Answer 17

-shall proceed without delay through strait
-shall refrain from any threat or use of force
-shall refrain from any activity other than those of normal mode of continuous transit

Question 18

Archipelagic Sea Lane Passage

Answer 18

All ships and aircraft may transit through archipelagic waters and adjacent territorial seas via all routes normally used for international navigation and overflight

Question 19

Archipelagic Designated Sea Lane Passage

Answer 19

Designated sea lane
-ships and aircraft stay within 25 NM either side of the axis line, and must approach no closer to the coastline than 10% of the distance between the points on islands bordering the sea lane

Question 20

High Seas Freedom

Answer 20

Ships and aircraft enjoy complete freedom of movement and operation on and over the high seas.

Any nation may declare a temporary warning area to advise other nations of the conduct of activities are hazardous to navigation or overflight.

Not required to stay out of warning areas

Question 21

Innocent Passage of aircraft through territorial seas

Answer 21

No right of innocent passage through the airspace over the territorial sea

Foreign state aircraft in distress are entitled to enter national airspace to make emergency landings

Question 22

International Airspace

Answer 22

Airspace over contiguous zone, exclusive economic zone, the high seas and territories not subject to sovereignty

Military aircraft may engage in flight ops, ordnance testing/firing, ISR, and support of other naval activities

Question 23

Convention of International Civil Aviation

Answer 23

Does not apply to state aircraft

State aircraft are required to operate with “due regard for the safety and navigation of civil aircraft”

Question 24

Flight Information Regions

Answer 24

Area of airspace within which flight info and alerting services are provided

national and international airspace

Question 25

ADIZ

Answer 25

Legal basis for ADIZ is the right of nations to establish reasonable conditions of entry into its territory.

US military aircraft not intending to international airspace should not identify themselves or comply with ADIZ procedures unless the US has specifically agreed to do so

Question 26

Asylum

Answer 26

US protection or sanctuary granted by the US government within its territorial jurisdiction to a foreign national who applies for such protection because of persecution or fear of persecution on account of race, religion, nationality, or political opinion

Any person requesting asylum in international waters or its territories will be received onboard

Under no circumstances will a person seeking asylum be surrendered by the US Navy unless at the personal direction of SECNAV or higher

Question 27

Temporary Refuge

Answer 27

Protection afforded for humanitarian reasons, the OIC must decided which measures can prudently be taken.

Temporary Refuge should be terminated when the period of danger is ended

Question 28

Inviting Asylum

Answer 28

US armed forces personnel shall neither directly nor indirectly invite persons to seek asylum or temporary refuge

Question 29

Right of approach and visit

Answer 29

Aircraft may approach any vessel in international waters to verify its nationality.

Unless the vessel is a warship, it may be stopped and boarded if there is reasonable suspect:
-engaged in piracy
-engaged in self trade
-engaged in unauthorized broadcasting
-without nationality

Question 30

Pursuit of Pirates

Answer 30

vessels or aircraft fleeing from pursuit by a warship proceeding into international waters or airspace

Every effort should be made to obtain the consent of the nation
May allow continuation of a pursuit if contact cannot be established in a timely manner

Question 31

Hot Pursuit

Answer 31

Right of hot pursuit applies to the contiguous zone if the foreign ship violats the rates of that zone

Question 32

Posse Comitatus

Answer 32

A force to aid civilian law enforcement authorities in keeping the peace and arresting felons is prohibited by the posse comitatus

Does not apply outside US territory

Question 33

DOD Assistance

Answer 33

Congress authorized the limited use of military personnel, and equipment to interdict at sea narcotics and other controlled substances, and to assist with domestic counterterrorism ops

Question 34

Right of Self Defense

Answer 34

Necessity - A use of force be in response to a hostile act or hostile intent

Proportionality - Use of force limited in intensity, duration, and scope to that which is reasonably required to counter the attack and ensure the safety of US forces

Question 35

Anticipatory self-defense

Answer 35

Armed force where attack is imminent and no reasonable choice of peaceful means is available

Question 36

Hostile Intent

Answer 36

The threat of the imminent use of force against the US

Question 37

Noncombatant

Answer 37

Those members of the armed forces who do not take direct part in hostilities becasue of their status