Law of the sea, Right of innocent passage, Maritime Areas-Accord Session 2 -Henrietta Newton Martin

Summary

The video script explores the complexities of international maritime law, focusing on the rights of foreign vessels in territorial seas, the concept of innocent passage, and the sovereignty of coastal states. It delves into the evolution of maritime law, the establishment of maritime zones (such as territorial seas and EEZs), and the importance of preventing illegal activities like piracy. The script highlights the balance between free navigation and coastal state control, outlining regulations for warships, submarines, and commercial ships under the United Nations Convention on the Law of the Sea.

Takeaways

• 😀 Maritime law has evolved significantly due to historical maritime conflicts and the need for global cooperation in managing sea-related issues.
• 😀 Hugo Grotius' natural law of the sea and later conventions, such as UNCLOS, were pivotal in shaping current maritime regulations.
• 😀 Territorial seas extend up to 12 nautical miles from a state's baseline, where the state holds sovereignty but allows innocent passage of foreign ships.
• 😀 The concept of 'innocent passage' allows foreign vessels to pass through territorial seas as long as they do not harm the coastal state's peace, security, or law.
• 😀 Coastal states can impose restrictions like prior notification or special permission for foreign vessels to pass through their territorial waters, especially for warships.
• 😀 Submarines must navigate on the surface when passing through territorial seas, as their submerged passage may raise security concerns for the coastal state.
• 😀 Violations of innocent passage, such as engaging in criminal activities or disturbing the peace, can result in suspension of passage rights by the coastal state.
• 😀 States like Saudi Arabia and India have specific rules regarding the passage of foreign vessels, sometimes limiting or prohibiting certain types of ships.
• 😀 International waters beyond the territorial sea, including the high seas, are considered open for navigation by all states, governed by international laws like UNCLOS.
• 😀 Coastal states retain jurisdiction over certain maritime zones like the exclusive economic zone (EEZ), which extends up to 200 nautical miles, focusing on resource rights and security.

Q & A

What is the significance of territorial seas in international law?

Territorial seas are defined as waters up to 12 nautical miles from a coastal state's baseline, where the state has full sovereignty but must allow foreign vessels to pass through under certain conditions, such as innocent passage.

What are internal waters and how are they different from territorial seas?

Internal waters are waters within a state's land boundary, such as rivers, lakes, and bays, which fall entirely under the state's jurisdiction. Unlike territorial seas, foreign vessels cannot pass through internal waters without the state's permission.

What is the role of the contiguous zone in maritime law?

The contiguous zone extends from 12 to 24 nautical miles from the territorial sea. It allows coastal states to enforce laws related to customs, immigration, and sanitation, even though the state does not have full sovereignty in this area.

What rights do coastal states have in their Exclusive Economic Zone (EEZ)?

In the EEZ, which extends up to 200 nautical miles from a state's baseline, the state has special rights to explore and exploit marine resources, including fishery and energy resources. However, other nations are allowed to navigate and fly over the EEZ.

What is the legal significance of international straits in maritime law?

International straits are narrow bodies of water that connect parts of the high seas. They require specific legal provisions for navigation to ensure safe passage between different maritime regions. These straits cannot be closed off by coastal states.

How does the law define the continental shelf in the context of maritime rights?

The continental shelf refers to the extended submerged land territory of a coastal state. It provides rights to explore and exploit resources, such as oil and gas, beyond the 200 nautical mile EEZ, but it is subject to international regulations under the Law of the Sea.

What is meant by archipelagic waters, and how do they relate to international law?

Archipelagic waters surround islands that belong to a state. International law allows these states to draw baselines connecting their islands, and foreign ships must follow certain guidelines to navigate these waters. The rules ensure the state's sovereignty while balancing international navigation rights.

What constitutes innocent passage for foreign ships through a coastal state's territorial sea?

Innocent passage refers to the right of foreign ships to pass through a coastal state's territorial sea as long as their passage is not harmful to the peace, good order, or security of the coastal state. It must be uninterrupted, and the vessels should not engage in any illegal activities.

How do coastal states exercise sovereignty over their territorial waters?

Coastal states exercise sovereignty over their territorial waters by regulating activities such as navigation, fishing, and resource extraction. They may impose restrictions, such as requiring prior notice or permission for certain vessels, especially military or hazardous ships, to pass through.

What are the implications of a coastal state suspending innocent passage in certain areas?

Coastal states can suspend innocent passage in designated areas, such as near military installations or sensitive environmental zones, based on their national interests or security concerns. Such actions must comply with international law, but states have discretion in exercising their sovereignty.