BAB V LAUT TERITORIAL

Summary

In this lecture on maritime law, the focus is on territorial seas, covering their legal nature, measurement, and coastal state authority. The discussion highlights the evolution of territorial sea claims, especially in the 20th century, emphasizing economic needs and national security. Two key doctrines—dominion and sovereignty—are explored, with the latter gaining acceptance in international practice. The lecture details the convention guidelines on territorial sea width, typically set at 12 nautical miles, and outlines coastal states' rights, including the principle of innocent passage for foreign vessels. Overall, the session provides a comprehensive overview of territorial sea laws and their implications.

Takeaways

• 🌊 Territorial waters are defined as the maritime zone extending from a state's shoreline, fully under its sovereignty.
• 📜 The concept of territorial waters has evolved significantly, particularly in the mid-20th century, influenced by states' economic and security interests.
• ⚖️ Two key doctrines related to territorial waters are the Doctrine of Ownership, which has largely been rejected, and the Doctrine of Sovereignty, which is now widely accepted.
• 🌐 International acceptance of the sovereignty doctrine was solidified through various conferences and agreements, including the 1958 Geneva Convention and the 1982 UNCLOS.
• 📏 The standard width of territorial waters is set at 12 nautical miles under UNCLOS, although different countries have varying claims.
• 🗺️ Baselines for measuring territorial waters can be drawn from the low-water line or straight baselines, depending on coastal geography.
• 💼 Coastal states have rights over the airspace and seabed of their territorial waters, enabling them to manage resources and ensure security.
• 🚢 The principle of innocent passage allows foreign vessels to traverse territorial waters as long as they do not threaten peace or security.
• 📜 Regulations exist to govern the activities of ships within territorial waters, including anchoring and conducting business.
• 🔍 The complexities of territorial waters highlight the importance of international law and cooperation among nations to manage maritime boundaries.

Q & A

What is the primary objective of studying territorial waters?

The primary objective is to understand the measurement, legal principles, and practices regarding territorial waters in different countries.

What are territorial waters and how are they defined?

Territorial waters are the maritime zone closest to the coast, fully under the sovereignty of the coastal state, and are generally considered an extension of its land territory.

What two main doctrines were discussed regarding the legal nature of territorial waters?

The two main doctrines are the doctrine of ownership, which claimed full ownership rights by the coastal state, and the doctrine of sovereignty, which recognizes sovereign rights without full ownership.

What has replaced the doctrine of ownership in international practice?

The doctrine of sovereignty has largely replaced the doctrine of ownership in international practice.

What is the standard width of territorial waters according to the 1982 United Nations Convention on the Law of the Sea?

The standard width of territorial waters is generally accepted as 12 nautical miles from the baseline, as stated in the 1982 United Nations Convention on the Law of the Sea.

What rights do coastal states have over their territorial waters?

Coastal states have sovereign rights over the airspace above their territorial waters and the seabed beneath, allowing them to regulate navigation, enforce laws, and manage natural resources within this zone.

What is 'innocent passage' in the context of territorial waters?

'Innocent passage' refers to the right of foreign vessels to pass through a coastal state's territorial waters as long as they do not threaten the peace, order, or security of that state.

What factors have contributed to the variations in the claimed width of territorial waters among different countries?

Variations in claimed widths are primarily due to differing national interests, historical practices, and economic considerations regarding maritime resources.

How does international practice regarding territorial waters reflect the complexities of maritime law?

International practice reflects complexities due to the lack of uniformity in how different countries define and regulate their territorial waters, leading to potential disputes and differing interpretations of legal frameworks.

What are some of the consequences of the varying practices in determining territorial waters?

Consequences include potential conflicts between nations, challenges in resource management, and complications in maritime navigation and law enforcement.