Pembagian Zona Maritim dalam Hukum Internasional

Summary

This transcript explores the complexities of maritime law, focusing on the rights and zones defined under the United Nations Convention on the Law of the Sea (UNCLOS). It explains the concept of territorial waters, the exclusive economic zone (EEZ), and the principle of universal access to the seas. The speaker also delves into the historical context of maritime boundary-setting, comparing the traditional cannon-shot rule to modern legal frameworks. Controversial issues such as illegal fishing in the EEZ are addressed, as well as the differences between national sovereignty and international jurisdiction in maritime zones.

Takeaways

• 😀 Territorial waters extend 12 nautical miles from a country's baseline, where the country exercises full sovereignty.
• 😀 Internal waters are those within a country's baseline, where the country has full control similar to land territory.
• 😀 International law allows foreign vessels to pass through territorial waters, but only if their purpose is peaceful, like navigation or transport.
• 😀 The Contiguous Zone extends 24 nautical miles from the baseline and allows countries to enforce laws related to customs, immigration, and sanitation.
• 😀 The Exclusive Economic Zone (EEZ) extends up to 200 nautical miles from the baseline, granting countries exclusive rights to explore and exploit marine resources.
• 😀 Countries have special rights over resources like fishing and seabed mining within their EEZ, but other nations can still use the area for navigation and overflight.
• 😀 International law requires compromises from coastal states, allowing foreign ships to pass through their territorial waters without threatening national security.
• 😀 The legal status of maritime zones varies, with some zones like the EEZ focused on resource exploitation, while others, like territorial waters, maintain full national control.
• 😀 The UNCLOS (United Nations Convention on the Law of the Sea) provides the legal framework that governs the rights and responsibilities of states over maritime zones.
• 😀 The concept of sovereignty in maritime zones is complex; while countries have control over territorial waters, the universal nature of the sea limits full sovereignty in areas like the EEZ and international waters.

Q & A

What is the main point of the lecture regarding maritime boundaries?

The main point of the lecture is to explain the various maritime zones and the concept of sovereignty over these areas, focusing on how international law regulates these zones, including internal waters, territorial waters, contiguous zones, and exclusive economic zones (EEZ).

Why is the concept of 'universal seas' important in the context of maritime law?

The concept of 'universal seas' highlights that seas are not owned by any single nation but are shared globally, which means no country has absolute sovereignty over the ocean. This principle guides the creation of laws that allow countries to exercise certain rights without fully controlling the seas.

What is the difference between sovereignty on land and sovereignty on water?

Sovereignty on land is absolute, meaning a country has full control over its land territory. However, sovereignty on water is not absolute, as international laws allow for some limitations and compromise, especially in the case of foreign vessels passing through a nation's waters.

How did the 'cannon shot rule' influence the definition of maritime boundaries?

The 'cannon shot rule' was an early method for determining maritime boundaries. It defined the territorial waters of a nation based on the distance a cannonball could travel from the coastline, leading to arbitrary boundary lines. This method was later replaced by more systematic international agreements, such as UNCLOS.

What is UNCLOS, and what role does it play in maritime law?

UNCLOS (United Nations Convention on the Law of the Sea) is an international treaty that defines the rights and responsibilities of nations regarding the use of the world's oceans. It replaced outdated practices like the cannon shot rule and created a structured system for determining maritime zones and regulating activities such as resource exploitation and navigation.

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

Internal waters are waters located within a country's landmass or close to its coast, where the country has full sovereignty and control. Territorial waters extend 12 nautical miles from the coastline, where a country also has sovereignty, but foreign ships may pass through for peaceful purposes under certain conditions.

What is the significance of the contiguous zone, and how does it differ from territorial waters?

The contiguous zone extends 24 nautical miles from the coastline and allows a country to enforce laws related to customs, immigration, and security. Unlike territorial waters, foreign ships may not be subject to the same level of restriction or sovereignty, and international law governs activities beyond certain specific issues like customs and immigration enforcement.

Why is the Exclusive Economic Zone (EEZ) considered controversial?

The EEZ is controversial because it grants a country exclusive rights to exploit natural resources within 200 nautical miles of its coastline. However, this zone is also frequently the site of disputes, such as fishing rights violations, with countries arguing over the control of valuable marine resources, leading to tensions like illegal fishing activities.

What is the legal concept of 'sovereign rights' or 'sovereign jurisdiction' in the EEZ?

In the EEZ, sovereign rights allow a country to explore, exploit, conserve, and manage natural resources within this zone. While a country has special jurisdiction over resource extraction and environmental protection, other countries can still engage in activities like navigation and overflight, as long as they adhere to international regulations.

How does the lecture explain the concept of 'peaceful passage' through territorial waters?

The lecture explains that foreign ships are allowed to pass through a country's territorial waters as long as their passage is peaceful. This means the ships must not pose any threat to the nation's security, engage in military activities, or conduct illegal actions like piracy or illegal fishing within the territorial waters.