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PIL - Week 6 - Territory, 60, 76-77, 86-89, 121 UNCLOS - Coggle Diagram

- - - - Discovery - does not grant legal title. Instead, inchoate title which grants an option to proceed to effective occupation.
        
        Effective Occupation - Legal possession. Not necessarily physical possession. Requisites are:
        
        intention and will to act as sovereign;
        
        actual exercise or display of such authority.
      - Occupation - Occupation of land belonging to no one. This must be EFFECTIVE occupation, with intent to appropriate.
      - Accretion - Physical process whereby new land is formed close to existing land.
    - - Cession - By treaty, to be followed by the effective peaceful transfer of the territory ceded.
      - Conquest - Occupation following armed violence. This is no longer allowed under the Declaration on Friendly Relations.
      - Prescription - Introduced by crawford. Contemplates effective occupation of territory of another state alongside acquiescence of the former sovereign or, mere lapse of time and possession.
  - - - Appurtenance/McNair Rule - International law imposes upon a maritime state certain obligations and confers upon it certain rights arising not out of the sovereignty which it exercises over its maritime territory; thus States are not permitted to abandon their territorial seas
        
        Abandonment of Territorial Seas (Crawford) - States may abandon territorial seas, but this converts the seas into res communis.
- - - - Straight Archipelagic Baselines (Art. 47) - Joining the outermost points of the outermost islands and drying reefs of the archipelago provided that within such baselines are included the main island. This must not depart to any appreciable extent from the general configuratino of the archipelago.
        
        Archipelagic waters (49) - sovereignty of an archipelagic State extends to the waters enclosed by the archipelagic baselines drawn in accordance with article 47, described as archipelagic waters, regardless of their depth or distance from the coast.
        
        Archipelagic Sea lanes passage (Art. 53) - State may designate sea lanes and air routes there above, suitable for the continuous and expeditious passage of foreign ships and aircraft through or over its archipelagic waters and the adjacent territorial sea
        
        Internal Waters (50) - Within its archipelagic waters, the archipelagic State may draw closing
        lines for the delimitation of internal waters, in accordance with articles 9,10 and 11
        
        Measurements -
        
        Ratio - the water to the area of the land,including atolls, is between 1 to 1 and 9 to 1.
        
        Length - Not exceed (100) nautical miles EXCEPT 3% of the total number of baselines enclosing the archipelago may exceed, up to 125 nautical miles.
        
        Low-Tide Elevations - Baselines shall not be drawn to and from low-tide elevations. Unless, lighthouses or similar installations which are permanently above sea level have been built on them or, where LTE is situated wholly or partly at a distance not exceeding the breadth of the territorial sea from the nearest island.
        
        Low-tide elevation is a naturally formed area of land which is above water and surrounded by water at low tide but submerged at high tide.[1] It may be a mudflat or reef.
        
        Archieplaigc Waters - Not internal waters, subject to special rules on finishng and navigation (Art. 49-53)
      - C3. Internal waters (Art. 8) - Waters on the landward side of the baseline of the territorial sea form part of the internal waters of the State.
        
        C4. Territorial sea (UNCLOS 3) - Not exceeding (12) nautical miles, measured from baselines.
        
        C5. Contiguous zone (Art. 33) - Contiguous to the territorial sea. Only up to (24) nautical miles from the baselines from which the breadth of the territorial sea is measured.
        
        C6. Exclusive economic zone (55-58) - Anything beyond the territorial sea (24 miles and beyond). Up to (200) nautical miles from the baselines.
        
        C7. Continental shelf (Art. 76) - the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance.
        
        C8. High seas
        
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        Distinguished from EEZ - The continental shelf includes only the seabed and subsoil; whereas the EEZ includes the water column. Also, while the maximum extent of the EEZ is 200 nautical miles, the continental shelf may extend beyond 200 nautical miles from the coastline, depending on the depth, shape, and geophysical characteristics of the seabed and sub-sea floor. The ECS is, therefore, not an extension of the EEZ. Some of the sovereign rights that a coastal State may exercise in the EEZ, especially rights to the resources of the water column (e.g., pelagic fisheries), do not apply to the ECS.
        
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        Rights of the Coastal State (56) -
        
        Sovereign - rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds.
        
        Jurisdiction -
        2a. the establishment and use of artificial islands, installations and structures
        2b. marine scientific research;
        2c. the protection and preservation of the marine
        environment
        
        OTHER - rights and duties provided for in this Convention.
        
        Exercise of Rights - the coastal State shall have due
        regard to the rights and duties of other States and shall act in a manner compatible with the provisions of this Convention.
        
        Rights and Duties of Other States (Art. 58) -
        
        All States, enjoy, subject to the relevant provisions of this Convention, the freedoms referred to in article 87 of navigation and overflight and of the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines, and compatible with the other provisions of this Convention.
        
        Articles 88 to 115 and other pertinent rules of international law apply to the exclusive economic zone in so far as they are not incompatible with this Part.
        
        In exercising their rights and performing their duties under this Convention in the exclusive economic zone, States shall have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations adopted by the coastal State in accordance with the provisions of this Convention and other rules of international law in so far as they are not incompatible with this Part.
        
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        Rights of States - exercise of control necessary to prevent infringement of customs, fiscal, immigration or sanitary regulations within the territory or territorial sea of the coastal State
        
        Sanitary Purposes - measures to prevent pollution
        
        Control - not jurisdiction. essentially, supervisory and preventative. Here, prevent the offense, punish once within territorial sea.
        
        Right of Innocent Passage (art. 17) - Ships of all states enjoy the right to innocent passage through the territorial sea.
        
        Passage (art. 18) - Must be continuous and expeditious. Stopping and anchoring allowed only if incidental to ordinary navigation or, force majeure/assistance.
        
        traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or
        
        proceeding to or from internal waters or a call at such roadstead or port facility
        
        Innocent Pasage (Art. 19) - so long as it is not prejudicial to the peace, good order or security of the coastal State.
        
        When Not Innocent (Art. 20) -
        
        any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations;
        
        any exercise or practice with weapons of any kind;
        
        any act aimed at collecting information to the prejudice of the defense or security of the coastal State;
        
        any act of propaganda aimed at affecting the defence or security of the coastal State;
        
        the launching, landing or taking on board of any aircraft;
        
        the launching, landing or taking on board of any military device
        
        the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State;
        
        any act of wilful and serious pollution contrary to this Convention;
        
        any fishing activities;
        
        the carrying out of research or survey activities;
        
        any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State;
        
        any other activity not having a direct bearing on passage
        
        Submarines (Art. 20) - Underwater vehicles are required to navigate on the surface and show their flag when in territorial seas.
        
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        Exceptions (Part IV) - In archipelagic states, internal waters are everything within the baselines.
        
        Right to Innocent Passage (Art. 8) - Where the establishment of a straight baseline in accordance with the method set forth in article 7 has the effect of enclosing as internal waters areas which had not previously been considered as such, a right of innocent passage as provided in this Convention shall exist in those waters.
      - Archipelago - a group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features form an intrinsic geographical, economic and political entity, or which historically have been regarded as such.
    - - Exception - Two states agree to the contrary OR there is historic title or special circumstance to delimit the territorial seas.
    - - Duty to Inform - State shall give appropriate publicity to any danger to navigation, of which it has knowledge, within its territorial sea.
      - Rights of Protection of Coastal (Art. 25) -
        
        May take the necessary steps in its territorial sea to prevent non-innocent passage.
        
        In the case of ships proceeding to internal waters or a call at a port facility outside internal waters, the coastal State also has the right to take the necessary steps to prevent any breach of the conditions to which admission
        of those ships to internal waters or such a call is subject.
        
        May, without discrimination in form or in fact among foreign ships, suspend temporarily in specified areas of its territorial sea the innocent passage of foreign ships if such suspension is essential for the protection of its security, including weapons exercises. Such suspension shall take effect only after having been duly published