Law of the Sea Questions

Question 1

UNCLOS Ratified

Answer 1

UNCLOS was created in 1982. In 1983, the US announced that it would not sign nor ratify UNCLOS due to fundamental flaws in its deep seabed mining provisions.

Question 2

Different water distances

Answer 2

All measured based on low water line as marked on the nation’s official large-scale maps.
Internal Waters - landward from the baselines
Territorial Waters - seaward up to 12 NM from the baseline of the coastal nation and subject to it’s sovereignty.
Contiguous Zone - Seaward out to 24
EEZ - May not extend beyond 200 NM from the baseline

Question 3

What is allowed in Territorial waters

Answer 3

Ships enjoy the right of innocent passage. DOES NOT include a right of aircraft overflight.

Question 4

Innocent Passage

Answer 4

Ships (but not aircraft) of all nations enjoy the right of innocent passage for the purpose of Continuous and Expeditious traversing of the territorial sea or for proceeding to or from internal waters. Innocent passage includes stopping and anchoring, but only insofar as incidental to ordinary navigation, or as rendered necessary by force majeure or by distress. Passage is innocent so long as it is not prejudicial to the peace, good order, and security of the coastal nation. Submarines cannot be submerged

Question 5

Hot Pursuit

Answer 5

blah blah blah

Question 6

What can countries enforce in their CZ

Answer 6

Nation may exercise the control necessary to prevent or punish infringement of its customs, fiscal, immigration, and sanitary laws.
Ships and aircraft enjoy high seas freedoms to include overflight of CZs

Question 7

Rock and Islands Definition

Answer 7

Rock - are islands that cannot sustain human habitation or economic life of their own.
Island - is defined as a naturally formed area of land, surrounded by water, which is above water at high tide

Question 8

Where can we fly in Archipelagic waters?

Answer 8

If sea lane is established, within 25NM of the sea lane, if islands are bordering the sea lane, standoff is 10% of the distance across the lane between the islands. If no sea lane is established, right of overflight exists over routes normally used for commerce.

Question 9

Straights Transit Flight

Answer 9

Ships can use radar, sonar, launch and recover aircraft, etc.

Question 10

Right of Assistance Entry

Answer 10

All ship and aircraft commanders have an obligation to assist those in danger of being lost at sea. This long-recognized duty of mariners permits assistance entry into the territorial sea by ships or, under certain circumstances, aircraft without permission of the coastal nation to engage in bona fide efforts to render emergency assistance to those in danger or distress at sea. This right applies only when the location of the danger or distress is reasonably well known. It does not extend to entering the territorial sea or superjacent airspace to conduct a search, which requires the consent of the coastal nation.

Question 11

Coastal Security Zones

Answer 11

US does not recognize Coastal Security Zones.

Question 12

Asylum / Temporary Refuse

Answer 12

Asylum is granted by a higher authority for people fleeing persecution or fear of persecution on account of race, religion, nationality, etc.
Commanders of US warships and military aircraft are not authorized to receive on board foreign nationals seeking asylum.
However, if exceptional circumstances exist involving imminent danger to the life or safety of the person, Temporary Refuge may be granted.
Once granted, protection may be terminated only when directed by the Secretary of the Navy or higher authority.

Question 13

Right of Self Defense

Answer 13

Necessity: the requirement that a use of force be in response to a hostile act or demonstration of hostile intent

Proportionality: Use of force be in all circumstances limited in intensity, duration and scope to that which is reasonably required to counter the attack or threat of attack and to ensure the continued safety of US forces.

Question 14

ADIZ

Answer 14

We only respond to ADIZ related queries of we are going into that nations airspace, if we are remaining in international airspace we can ignore it, unless it is a country with which we have an agreement (JDIZ in Japan, KDIZ in Korea).

Question 15

Warship

Answer 15

External markings distinguishing the character and nationality of such ship
Under the command of an OFFICER duly commissioned by the government
manned by a crew that is under REGULAR armed forces discipline

Question 16

Transit Passage

Answer 16

Exists throughout the entire strait
ships and aircraft SHALL
1. proceed without delay through or over the strait
2. Refrain from any threat or use of force against the sovereignty, territorial integrity, or political independence of states bordering the strait
3. Refrain from any activities other than those incident to their normal modes of continuous and expeditious transit