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Flashcards in The Commanders Handbook Deck (17)
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What are Internal Waters?

Landward of the baseline from which the territorial sea is measured


When are you allowed to enter Internal Waters?

Entry into internal waters requires permission from the controlling state. Exceptions arise when rendered necessary by Force Majeure of by distress


How is the Territorial Sea measured?

Can we sail / fly there?

The belt of ocean that is measured up to 12 NM from the baseline of the coastal state and is subject to its sovereignty.

Ships enjoy the right of innocent passage, but this does not include the right for aircraft overflight. 


What is the Contiguous Zone?

Can we sail / fly there?

An area extending seaward from the baseline up to 24 NM in which the coastal state may exercise the control necessary to prevent or punish infringement of its customs, fiscal, immigration, and sanitary laws and regulations that occur with its territory or territorial sea. 

Ships and aircraft enjoy high seas freedom including overflight. 


What is the Exclusive Economic Zone?

Can we sail / fly there?

A resource related zone adjacent to the territorial sea which a state has certain sovereign rights (but not sovereignty) and may not extend beyond 200 NM from the baseline. 

Ships enjoy high seas freedom of navigation including overflight.


What does Innocent Passage mean?

Ships (not aircraft) enjoy the right of innocent passge for the purpose of CONTINUOUS and EXPEDITIOUS traversing of the territorial sea or for proceedign to or from internal waters. 

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

  1. No exercise or practice with weapons of any kind
  2. No intel collecting to the predujice of the defense or security of a coastal nation
  3. No launching, landing, or taking on board any aircraft or military device
  4. No Fishing
  5. No Polluting
  6. No Research
  7. No interfering with comms
  8. No activity not having direct bearing on passage


When does Assistance Entry apply?

Ships have the duty to enter into a foreign states territorial waters without permission when there is a reasonable certainty that a person is in distress, their location is reasonable well known, and the rescuing unit is in a position to render timely and effective assistance

While a request to enter is not required, the rescuing unit SHALL provide timely notification to the coastal states SAR authorities.


What is Transit Passage?

What are we allowed to do?

The exercise of freedoms of navigation and overflight soleley for the purpose of CONTINUOUS and EXPEDITIOUS transit in the normal modes of operation used by ships and aircraft for such passage​

  1. Proceed without delay through or over the strait
  2. Refrain from any threat or use of force against states bordering the straits
  3. Refrain from any activites other than those incident to their normal modes of operation for CONTINUOUS and EXPEDITIOS transit unless rended necessarry by force majeure, distress, or to render assistance to ship, aircraft, or persons in distress.

**You are able to launch and recover aircraft, transit in formation, operate radar, ESM, and sonar, and SUBS are allowed to transit submerged.**


What is allowed in a transit passage?

  • Ships and aircraft SHALL refrain from any threat or use of force against the sovereignty, territorial integrity, or political independence of the States bordering the strait.
  • SHALL refrain from any activities other than those incident to their normal modes of continuous and expeditious transit unless rendered necessary by force majeure or by distress
  • May transit in a manner consistent with sound navigation practices and security of the force to include the use of electronic detection and navigation devices such as radar, sonar, depth-sounding devices, formation streaming, and the launching and recovery of aircraft
  • Submarines may be submerged


Describe Archipelagic Sea Lanes Passage and how the sea lanes work

All ships and aircraft enjoy the right of archipelagic sea lanes passage while transitting through, under, or over archipelagic waters and adjacent territorial seas via all routes normally used for international navigation and overflight.

The exercise of freedom of navigation and overflight for the sole purpose of CONTINUOUS, EXPEDITIOUS, and UNOBSTRUCTED transit

Substantially identical to the right of transit passage.

  • Archipelagic sea states may designate sea lanes for passsage. If such lanes are not designated, the right of archhipelagic sea lanes passage may still be exercised through routes normally used for internal navigation and overflight.
  • Ships and aircraft are required to remain within 25 NM on either side of the axis line and must approach no closer than 10% of the distance between the point on islands bordering the sea lane and axis line. 


How do you operate outside of a sea lane within an Archipelago?

If outside of the sea lanes, all ships, enjoy the more limited right of innocent passage throughout archipelagic waters just as they do in territorial seas. 

There is no right of overflight through airspace over archipelagic waters outside of the archipelagic sea lanes.


What do we gain by being a state aircraft?

Military aircraft are "state aircraft" and like warships enjoy sovereign immunity from foreign search and inspection, subject to the right of transit passage, archipelagic sea lanes passage and entry in distress.


What are International Straits?

Straits that are used for international navigation between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone are subject to the legal regime of transit passage.


When can U.S. Navy units grant temporary refuge?

May grant temporary refuge to a foreign national in a foreign territory solely for humanitarian reasons when extreme or exceptional circumstances puts in imminent danger the life or safety of a person, such as pursuit by a mob.


Who can grant Asylum?

Protection and sanctuary granted by the United States Government within its territorial jurisdiction or in international waters to a foreign national... ...because of persecution, or fear of persecution on the account of race, religion, nationality, membership in a particular social group, or political opinion.


When can you grant asylum?

Any person requesting asylum in international waters or US territories will be received on board any U.S. or Marine Corps aircraft, vessel, activity, or station. Commanders of US aircraft and vessels are not authorized to receive foreign nationals in foreign territories.


Can warships or military aircraft pursue pirates into territorial seas, archipelagic waters, or subjacent airspace of another country?

Yes. Every effort must be made to obtain consent for the nation having sovereignty to continue pursuit. The international nature of the crime of piracy may allow you to continue pursuit if contact cannot be established in a timely manner with the coastal nation.