LOS general Flashcards

(251 cards)

1
Q

What does the United Nations Convention on the Law of the Sea (UNCLOS) establish

A

A legal framework for maritime zones, navigation, environmental protection, and seabed resource management.

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2
Q

Where and when was UNCLOS signed

A

Montego Bay, Jamaica on 10 December 1982.

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3
Q

What maritime zones are defined under UNCLOS

A

Territorial sea (12nm), contiguous zone (24nm), EEZ (200nm), and extended continental shelf rules.

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4
Q

What is the function of the International Seabed Authority

A

To regulate seabed mineral exploitation beyond national jurisdiction.

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5
Q

What does UNCLOS provide for landlocked and disadvantaged states

A

Special rights and equitable access to marine resources.

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6
Q

What does equitable delimitation require

A

Maritime boundaries must reflect geography fairly without arbitrary redistribution.

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7
Q

Why was UNCLOS III held

A

To resolve issues left unsettled by UNCLOS I and II.

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8
Q

What was ruled in the South China Sea Arbitration (2016)

A

China’s Nine-Dash Line was invalid under UNCLOS and many features were rocks.

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9
Q

What are rocks under UNCLOS Article 121(3)

A

Features that cannot sustain human habitation or economic life and lack EEZ or shelf rights.

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10
Q

Why was the Continental Shelf Doctrine introduced

A

To extend coastal state control over offshore seabed resources.

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11
Q

What did the North Sea Continental Shelf Cases confirm

A

That the continental shelf is a natural extension of a coastal state’s land.

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12
Q

What did the Anglo-Norwegian Fisheries Case allow

A

Use of straight baselines for measuring territorial seas.

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13
Q

What was the cannon shot rule

A

Territorial sea extended as far as a cannon could fire from shore.

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14
Q

What replaced the cannon shot rule

A

The 12 nautical mile territorial sea limit.

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15
Q

What is the right of hot pursuit

A

The right to pursue vessels violating laws from territorial sea onto the high seas.

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16
Q

What are the conditions for hot pursuit

A

It must start in territorial sea, be continuous, involve signaling, and be by authorized vessels.

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17
Q

What does flag state jurisdiction mean

A

A ship on the high seas is subject only to the laws of its flag state.

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18
Q

Who argued for freedom of the seas

A

Hugo Grotius.

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19
Q

What did UNCLOS I and II aim to do

A

Codify international maritime law through four conventions.

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20
Q

Why were early maritime sovereignty claims opposed

A

Because the ocean could not be effectively possessed or controlled.

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21
Q

What does UNCLOS say about innocent passage

A

Ships of all states enjoy the right of innocent passage through the territorial sea.

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22
Q

What is the exclusive economic zone (EEZ)

A

A 200-nautical-mile zone where the coastal state has rights to exploit and manage resources.

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23
Q

What is the contiguous zone

A

A 24-nautical-mile zone where a coastal state may enforce laws on customs, immigration, and pollution.

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24
Q

What is the legal status of the high seas

A

They are open to all states and not subject to any state’s sovereignty.

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25
What is the purpose of baselines in maritime delimitation
To measure the breadth of maritime zones from the coast.
26
What are internal waters
Waters landward of the baseline where the state exercises full sovereignty.
27
What is transit passage
The right of continuous and expeditious navigation through straits used for international navigation.
28
What is archipelagic sea lane passage
The right to navigate through sea lanes in archipelagic states designated for international passage.
29
What obligations do states have under UNCLOS regarding marine pollution
States must prevent, reduce, and control pollution of the marine environment.
30
What body hears disputes under the Law of the Sea
The International Tribunal for the Law of the Sea (ITLOS).
31
Why have states historically competed for maritime areas
To gain economic, strategic, and military advantages.
32
What impact did natural resources have on maritime law
They intensified competition and drove legal development.
33
What was England’s maritime stance under Queen Elizabeth I
Support for freedom of the seas and unrestricted navigation.
34
What was Portugal’s claim in the Indian Ocean
Exclusive control over navigation and access.
35
What was Hugo Grotius’ contribution to maritime law
He advocated for free navigation and opposed maritime sovereignty.
36
What issue remained unresolved between England and the Netherlands
Ownership, access, and control over maritime areas.
37
Where was UNCLOS I held
Geneva in 1958.
38
What were the four conventions adopted at UNCLOS I
Territorial Sea, High Seas, Fishing and Conservation, Continental Shelf.
39
What key issue remained unresolved after UNCLOS II
The breadth of the territorial sea.
40
When did UNCLOS III begin
In 1973.
41
Why did UNCLOS III negotiations face deadlocks
States linked unrelated issues and refused to compromise on one without concessions on others.
42
Where and when was the final UNCLOS treaty adopted
Montego Bay, Jamaica on 10 December 1982.
43
When did UNCLOS enter into force
On 16 November 1994.
44
What is Article 308(1) of UNCLOS
It states that the treaty enters into force 12 months after the 60th ratification.
45
What does Article 311(1) of UNCLOS do
It supersedes the 1958 conventions among States Parties.
46
Why did some Western states initially reject UNCLOS
Due to objections to Part XI on deep-seabed mining.
47
What was the purpose of the 1994 Agreement relating to Part XI
To modify the deep-seabed regime and address Western concerns.
48
What was the result of the 1994 Agreement vote
121 in favor, 0 against, 7 abstentions.
49
What is customary international law
Law accepted as binding through consistent state practice and legal recognition.
50
Why is UNCLOS relevant to non-parties
Because many of its provisions have become customary international law.
51
What did the ICJ hold in Peru v. Chile
That Peru was bound by UNCLOS principles despite not being a party.
52
What was the ruling in Medvedev v. France
UNCLOS rules on drug interdiction lacked the status of customary law.
53
What does the 1993 FAO Agreement address
Compliance with international conservation rules by high seas fishing vessels.
54
What is the purpose of the 1995 UN Fish Stocks Agreement
To manage straddling and migratory fish stocks and promote sustainable fishing.
55
Why is UNCLOS called the constitution of the oceans
Because it provides a comprehensive system of maritime zones covering all sea and seabed areas.
56
What did the Arbitral Tribunal say in Philippines v. China about UNCLOS
That maritime claims of States Parties should be assessed with reference to UNCLOS.
57
What did the ILC report by Sir Hersch Lauterpacht argue
That sovereign maritime rights are individual and can be regulated by bilateral agreements.
58
What is lex specialis in the context of maritime law
Specific agreements between states that may override general UNCLOS provisions.
59
What does UNCLOS Article 137(3) state
No one can claim rights over seabed minerals except under UNCLOS.
60
Do pre-UNCLOS legal concepts still apply
Yes, unless explicitly overridden by UNCLOS.
61
What did the ICJ rule in the Fisheries Jurisdiction case
Preferential fishing rights require state agreements and are not self-executing.
62
What did the Tribunal say in Philippines v. China about historic rights
They are at variance with UNCLOS but not entirely incompatible.
63
Can historic rights be established under UNCLOS
Yes, through mutual agreement between states.
64
What is the legal status of historic rights under UNCLOS
They are not fully recognized but not outright prohibited.
65
What does Article 10 of UNCLOS say about bays
General bay rules do not apply to historic bays.
66
What does Article 15 of UNCLOS say about territorial seas
It allows for historic title exceptions in sea delimitation.
67
What did the ICJ say in Tunisia/Libya about historic titles
They must be preserved if based on longstanding usage.
68
What did the tribunal state in Eritrea v. Yemen
That the dispute could have been decided on historical title with sufficient evidence.
69
What are historic waters
Maritime areas treated as internal waters due to historic title.
70
What did the ICJ rule in Gulf of Maine
Long-standing fishing does not automatically affect maritime boundaries.
71
What was the decision in Barbados v. Trinidad & Tobago on historic fishing
Historic rights were not upheld without formal legal recognition.
72
What did Elihu Lauterpacht argue about historic rights
They require acquiescence from other states to be valid.
73
What legal principle validates long-term historic maritime control
Prescription through uninterrupted, uncontested possession.
74
What condition must historic rights meet to be upheld
They must be based on longstanding and undisputed usage.
75
How is sovereignty over land territory acquired
Through legal modes such as occupation, cession, prescription, or accretion.
76
How are sovereign rights over maritime spaces acquired
Through entitlement conferred by international law based on possession of coastal land.
77
What does the maxim 'the land dominates the sea' mean
Maritime claims are based on a state’s coastal land.
78
What is required for a state to claim maritime zones under UNCLOS
Valid title to land territory.
79
Why was the Turkey-TRNC maritime delimitation invalid
TRNC is not a state and cannot qualify as a coastal state under UNCLOS.
80
Why is Morocco’s authority over Western Sahara contested
Because sovereignty over Western Sahara is unresolved.
81
What determines maritime entitlements according to UNCLOS
Natural prolongation, distance from the coast, and coastal geography.
82
What maritime zones can only be claimed by states with coastal land
Territorial sea, EEZ, and continental shelf.
83
What maritime entitlements do islands have
Full maritime zones including territorial sea, EEZ, and continental shelf.
84
What are rocks under Article 121(3) UNCLOS entitled to
Only a 12-nautical-mile territorial sea.
85
What are low-tide elevations entitled to
No independent maritime zones.
86
What did Nicaragua v. Colombia confirm about islands
They are entitled to full maritime rights under customary international law.
87
What did the tribunal rule in Philippines v. China about human habitation
Temporary or small populations do not qualify under Article 121(3).
88
Why was Jan Mayen classified as an island
Because it could support economic activity.
89
What did Indonesia v. Malaysia (Ligitan and Sipadan) establish
An island need not be permanently inhabited.
90
Can low-tide elevations be used as base points
Only if located within a state's territorial sea.
91
What was ruled in Qatar v. Bahrain about low-tide elevations
They cannot define maritime boundaries unless inside territorial sea.
92
What did the ICJ rule in Jan Mayen about maritime claims
Coastal frontages, not land area, determine maritime claims.
93
What is the equidistance principle
A median line approach used in maritime delimitation, subject to fairness.
94
What principle was applied in Barbados v. Trinidad & Tobago
Adjustment of the equidistance line based on proportionality.
95
What did Honduras v. Nicaragua establish
Unstable coastlines can make equidistance-based boundaries unreasonable.
96
What does UNCLOS Article 7 say about straight baselines
They remain valid even if coastal features submerge due to sea-level rise.
97
Who qualifies as an archipelagic state under UNCLOS
Only states composed entirely of islands.
98
What did Philippines v. China say about archipelagic status
Mainland states cannot claim archipelagic status.
99
Why did Bahrain’s claim to archipelagic status fail
Because it is not composed entirely of islands.
100
What are internal waters under UNCLOS Article 8(1)
Waters on the landward side of the baseline from which the territorial sea is measured.
101
What does UNCLOS Article 11 say about harbor works
Permanent harbor works are part of the coastal state’s territory.
102
What level of authority does a coastal state have over internal waters
Full sovereignty.
103
Can a coastal state prohibit foreign vessels from entering internal waters
Yes, except in limited circumstances like distress.
104
What is the rule regarding ships in distress
They must be allowed to enter and cannot be exploited financially.
105
What happens if a ship previously had innocent passage
The coastal state cannot arbitrarily revoke that right.
106
Who retains jurisdiction over crimes on board a foreign merchant ship
Both the coastal state and the flag state may have jurisdiction.
107
Who has primary authority in disciplinary matters on a foreign ship
The ship’s captain.
108
When may a coastal state defer jurisdiction to the flag state
If the crime does not affect public order or inhabitants.
109
What can a coastal state do if a foreign vessel enters without permission
Detain, penalize, or expel the vessel.
110
Do warships enjoy immunity in internal waters
Yes, they are immune from enforcement actions.
111
Can a coastal state board a foreign warship
No, unless granted explicit permission by the captain or flag state.
112
What can a coastal state do if a warship violates its laws
Order the warship to leave its internal waters immediately.
113
Do warships have to comply with health and navigation laws
Yes, they must respect the coastal state's regulations.
114
What is the territorial sea
A belt of sea adjacent to a state's coast over which it exercises sovereignty.
115
From where is the territorial sea measured
From the baseline, usually the low-water mark.
116
What does UNCLOS Article 3 establish
A 12 nautical mile limit for the territorial sea.
117
What did the Anglo-Norwegian Fisheries Case decide
Straight baselines are valid for highly indented coastlines.
118
What is the semi-circle test under Article 10(2)
A bay must have a well-marked indentation with identifiable headlands to be enclosed as internal waters.
119
What is required for a bay to be enclosed based on historic title
Claim, effective control over time, and acquiescence by other states.
120
What was the outcome of the Gulf of Fonseca Case (1992)
The Gulf was a historic bay jointly held by El Salvador, Honduras, and Nicaragua.
121
Why was Libya’s claim to the Gulf of Sidra rejected
Due to insufficient historic practice and lack of international recognition.
122
What does UNCLOS Article 121(1) define as an island
A naturally formed landmass above water at high tide.
123
What does UNCLOS Article 121(3) state about rocks
They do not generate an EEZ or continental shelf if they cannot sustain human habitation or economic life.
124
What was the finding in the South China Sea Arbitration (2016)
Most contested features were rocks and not entitled to extended maritime zones.
125
What are low-tide elevations under UNCLOS Article 13
Features submerged at high tide and not entitled to a territorial sea.
126
What does UNCLOS Part IV allow for archipelagic states
Use of straight baselines enclosing archipelagic waters.
127
Why did Bahrain fail to qualify as an archipelagic state in Qatar v. Bahrain
Because it is not wholly composed of islands.
128
What does UNCLOS Article 2(1) say about coastal state sovereignty
It extends to the seabed, subsoil, and airspace of the territorial sea.
129
What right do foreign ships have under UNCLOS Article 17
The right of innocent passage through the territorial sea.
130
What was ruled in Mauritius v. UK (2015)
UK fishing restrictions violated Mauritian rights under a prior agreement.
131
What did the ICJ affirm in the Corfu Channel Case (1949)
The right of innocent passage for warships in international straits.
132
What does China’s 1992 Territorial Sea Law require
Prior approval for warship passage, which contradicts UNCLOS.
133
What caused many straits to fall within territorial seas
The extension of the territorial sea to 12 nautical miles.
134
What do UNCLOS Articles 34–45 establish
The right of unimpeded transit passage in international straits.
135
What is the US and UK position on transit passage
They support unrestricted military and commercial navigation.
136
What do UNCLOS Articles 5–11, 13, and 14 regulate
Measurement of the territorial sea, primarily using the low-water line.
137
What did Eritrea v. Yemen (1999) confirm
Low-water lines are the standard for measuring territorial seas.
138
What does Canada claim regarding Hudson Bay
It is a historic bay under international law.
139
What is the contiguous zone under UNCLOS Article 33(2)
A maritime zone that may extend up to 24nm from the baseline.
140
What rights does a coastal state have in the contiguous zone
Limited jurisdiction to enforce laws on customs, fiscal, immigration, and sanitary matters.
141
Does the coastal state have sovereignty in the contiguous zone
No, only limited enforcement jurisdiction.
142
What did the 1958 Geneva Convention (GCTS) Article 24 first codify
The concept of the contiguous zone as a high seas area adjacent to the territorial sea.
143
What does UNCLOS Article 33 say about the high seas
The contiguous zone is not considered part of the high seas.
144
What happens if no EEZ is claimed
The contiguous zone remains part of the high seas under UNCLOS Article 86.
145
Who proposed the idea of the contiguous zone between the world wars
French scholar Gidel.
146
What can states prevent or punish in the contiguous zone
Violations of customs, fiscal, immigration, or sanitary laws in their territory or territorial sea.
147
Why did the ILC reject security jurisdiction in the contiguous zone
Security is too vague and open to abuse; it should be governed by general international law.
148
What historical method did the UK use to combat smuggling
Hovering acts (1736–1876) allowing seizure of suspect foreign vessels.
149
How early did the US enforce customs jurisdiction
As early as 1790, using a 12nm (four-league) customs zone.
150
What does immigration control include according to the ILC
Both immigration and emigration control.
151
What is the purpose of sanitary jurisdiction in the contiguous zone
To prevent the spread of disease and protect public health.
152
What is UNCLOS Part XII about
General obligations on states to prevent and control marine pollution.
153
What does UNCLOS Article 220 authorize
Pollution enforcement in the EEZ and territorial sea, not explicitly in the contiguous zone.
154
Why do some states justify environmental enforcement in the contiguous zone
By classifying it under sanitary regulations.
155
What enforcement limits apply in the contiguous zone
States may not arrest vessels unless a violation occurred within the territorial sea.
156
When can hot pursuit be applied under UNCLOS Article 111
When a vessel violates coastal state laws in territorial waters and is pursued into the contiguous zone.
157
What did the ILC's Fitzmaurice Report emphasize
The contiguous zone allows for control, not full jurisdiction.
158
Can a coastal state force a vessel into port from the contiguous zone
No, unless authorized by hot pursuit.
159
What is the risk of overextending enforcement in the contiguous zone
Treating it like territorial sea and violating freedom of the seas.
160
How have the US and Canada approached environmental enforcement
By treating pollution control as part of sanitary regulation in the contiguous zone.
161
What jurisdiction does China claim in its contiguous zone
Security jurisdiction, which exceeds UNCLOS limits.
162
What was the result of Poland’s proposed UNCLOS amendment on security
It was rejected.
163
What is the Exclusive Economic Zone (EEZ)
A maritime zone extending up to 200nm where a coastal state has exclusive rights to resources.
164
What does UNCLOS Article 56 grant coastal states in the EEZ
Sovereign rights over natural resources, economic activities, installations, research, and environmental protection.
165
Is the EEZ automatically conferred
No, a state must expressly claim it.
166
What historic declaration initiated the EEZ concept
The 1945 Truman Proclamation by the USA.
167
What did the 1970 Montevideo Declaration support
Sovereignty over 200nm fishery zones.
168
What did the ICJ rule in Fisheries Jurisdiction (1974)
12nm fishery zones are customary law; coastal states have preferential fishing rights.
169
When was the EEZ codified under UNCLOS
In 1982, in Articles 55–75.
170
What does UNCLOS Article 86 state about the EEZ
It is not part of the high seas.
171
What does UNCLOS Article 87 allow in the EEZ
Certain high seas freedoms like navigation and overflight.
172
What did the South China Sea Arbitration (2016) rule
China’s Nine-Dash Line claim was incompatible with UNCLOS.
173
What did the ICJ affirm in Libya v. Malta (1985)
That the EEZ is part of customary international law.
174
What does UNCLOS Article 61 require from coastal states
Sustainable use of EEZ living resources.
175
What does UNCLOS Article 60 give coastal states
Exclusive rights over artificial islands and installations in the EEZ.
176
What must a state do if it cannot fully exploit its EEZ fisheries
Offer surplus access to other states, prioritizing developing countries.
177
What rights do foreign states have in the EEZ under Article 58
Freedom of navigation, overflight, and laying cables and pipelines.
178
What does UNCLOS Article 73 permit
Enforcement of fishing laws, including arrest, detention, and prosecution.
179
What was decided in Sub-Regional Fisheries Commission (2015)
Coastal states must prevent IUU fishing; flag states and international bodies share responsibility.
180
What distinguishes the EEZ from the continental shelf
EEZ must be claimed and covers water column; shelf is automatic and limited to seabed.
181
Can the continental shelf extend beyond 200nm
Yes, if there is a natural prolongation.
182
Do high seas freedoms apply to the EEZ
Yes, partially; they do not apply to the continental shelf.
183
What species are covered in EEZ resource rights
Living resources like fish and mammals, and renewable energy sources.
184
What species are covered in continental shelf rights
Sedentary species and non-living seabed resources.
185
How did states treat fishery zones before the EEZ
Many claimed exclusive fishery zones extending up to 200nm.
186
What was the outcome of UNCLOS III in 1982 regarding EEZs
Adoption of the 200nm EEZ model to replace fishery zones.
187
What are the four classifications of submarine areas
Internal Waters, EEZ, Continental Shelf, and International Seabed (The Area).
188
What does UNCLOS Article 56 state about seabed rights
They must align with Part VI governing the continental shelf.
189
What is the continental shelf
A submerged extension of the landmass rich in oil, gas, and sedentary resources.
190
Which proclamation established legal recognition of the shelf
The 1945 Truman Proclamation.
191
What did the 1944 Argentine Decree declare
Sovereignty over mineral resources in the seabed.
192
What issue arose from Latin American seabed claims
They attempted to assert sovereignty over waters and airspace, which was rejected.
193
How did the 1958 GCCS define the continental shelf
Using depth and exploitability criteria.
194
What does UNCLOS Article 76(1) define
The shelf extends to the outer edge of the margin or 200nm, whichever is greater.
195
What does UNCLOS Article 77 establish
Exclusive sovereign rights for coastal states over the shelf.
196
What does UNCLOS Article 78 protect
Navigation and high seas freedoms.
197
What does UNCLOS Article 79 allow
Laying of submarine cables and pipelines on the shelf.
198
What are the three parts of the continental margin
Continental shelf, slope, and rise.
199
Are continental shelf rights automatic
Yes, they do not require proclamation.
200
What resources are included in shelf rights
Oil, gas, minerals, and sedentary species.
201
What species are excluded from continental shelf rights
Fish that swim freely.
202
Do artificial islands on the shelf have territorial seas
No, but safety zones up to 500m can be enforced.
203
What is permitted under UNCLOS Article 85
Tunneling into the subsoil for resource exploitation.
204
What was the old GCCS limit for the shelf
200m depth or exploitability.
205
What are the new UNCLOS Article 76(5) limits
200nm by default, extendable to 350nm or 100nm from the 2500m isobath.
206
What is the role of the CLCS
To review and approve outer continental shelf claims.
207
Are CLCS recommendations binding
Yes, they are final and binding.
208
How did customary law influence UNCLOS shelf rules
Via state practice like the Truman Proclamation and rejection of excessive claims.
209
Do non-UNCLOS members recognize shelf rules
Yes, many accept the 200nm limit as customary law.
210
What governs areas beyond the continental shelf
The International Seabed Authority (ISA).
211
What is UNCLOS Article 76(8) about
Requires submission of shelf extension data to CLCS.
212
What principles are used in shelf disputes
Equidistance, proportionality, and equitable principles.
213
What case addressed shelf delimitation using UNCLOS
Gulf of Maine (1984), Libya/Malta (1985), and Bangladesh/Myanmar (2012).
214
What does UNCLOS Article 15 state about territorial sea delimitation
The median line applies unless historic title or special circumstances justify a different boundary.
215
What is the default rule for continental shelf delimitation under 1958 CSC Article 6(1)
The equidistant line, unless special circumstances justify a deviation.
216
What did the ICJ rule in the North Sea Continental Shelf (1969)
Equidistance is not customary law; equitable solutions must be negotiated in good faith.
217
What do UNCLOS Articles 74 and 83 require
EEZ and continental shelf boundaries must be agreed based on equity.
218
What determines maritime entitlement
Legal entitlement based on coastal geography.
219
What principle underpins maritime entitlements
Land dominates the sea.
220
What role does natural prolongation play
It supports continental shelf claims but is overridden when claims overlap.
221
What is the standard method for provisional delimitation
An equidistant (median) line.
222
What adjustments are made for equitable delimitation
Based on coastal length, shape, islands, proportionality, and historic agreements.
223
What did Jan Mayen and UK–France cases affirm
Single boundaries and partial effect for islands are based on equity.
224
What does UNCLOS Article 86 define as high seas
All areas not within EEZ, territorial sea, internal waters, or archipelagic waters.
225
What freedoms exist on the high seas
Navigation, overflight, fishing, laying cables, scientific research.
226
Who has jurisdiction over a ship on the high seas
Only the flag state.
227
What are flags of convenience
Lenient ship registries allowing avoidance of regulations.
228
What does UNCLOS Article 91 require
A genuine link between the ship and its flag state.
229
What did ITLOS rule in the Saiga Case
A ship is a legal unit under flag state jurisdiction.
230
What did the tribunal rule in Arctic Sunrise
Flag state jurisdiction extends to non-crew members aboard.
231
When can foreign ships be interfered with on the high seas
If stateless, involved in piracy, slave trade, or subject to hot pursuit.
232
What did the Asya Case establish
Stateless ships can be seized.
233
What conditions apply for hot pursuit
Must begin in territorial waters and be continuous.
234
What was decided in the I’m Alone Case
Pursuit must cease if the ship enters another state’s jurisdiction.
235
What does UNCLOS Article 110 permit
Warships may board vessels suspected of piracy, slavery, or statelessness.
236
What did Medvedev v. France clarify
Searches on the high seas must respect human rights.
237
What does the 1988 Rome Convention address
Maritime terrorism and reciprocal enforcement.
238
How is piracy defined under UNCLOS
Acts of violence or detention on the high seas, prosecutable by any state.
239
What enforcement rights exist during war
Warships may seize enemy or enemy-trading vessels.
240
What incident prompted the 1969 Oil Pollution Convention
The Torrey Canyon Incident (1967).
241
What powers does the UN Security Council have over maritime interdiction
Authorize enforcement actions for arms, nuclear threats, and terrorism.
242
What does UNCLOS Article 122 define as an enclosed or semi-enclosed sea
A sea bordered by multiple states and connected by a narrow outlet.
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What was ruled in the Black Sea Case
Equidistant delimitation applies even in enclosed seas.
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What is the legal dispute over the Caspian Sea
Whether it is a sea (allowing EEZs) or a lake (requiring sovereignty sharing).
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What is 'The Area' under UNCLOS
The deep seabed beyond national jurisdiction.
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What is the legal status of 'The Area'
Common heritage of mankind, regulated by the ISA.
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What does the ISA do
Issues mining licenses, regulates environment, and distributes revenue.
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Why did developed states oppose the original ISA system
They feared overregulation and loss of economic control.
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What revised the ISA system
The 1994 Agreement on Part XI.
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What activities does Article 145 cover
Drilling, mining, pipelines, waste disposal.
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What challenges face deep seabed regulation
Balancing mining interests with environmental protection.