Delimitation of the territorial sea between States with opposite or adjacent coasts
Where the coasts of two States are opposite or adjacent to each other, neither of the two States is entitled, failing agreement between them to the contrary, to extend its territorial sea beyond the median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial seas of each of the two States is measured. The above provision does not apply, however, where it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of the two States in a way which is at variance therewith.
This provision in a near-verbatim reproduction of the equivalent provision of the 1958 Territorial Sea Convention. It reflects a compromise reached at UNCLOS I – and again at UNCLOS III – between two general proposed methods of delimitation.
The rights coastal states have in certain maritime zones, notably internal waters, the territorial sea and contiguous zone, affords them security in the face of threats such as smuggling, illegal immigration, other forms of cross-border crime and, ultimately, from the threat of terrorism and the use of military force. The national maritime zones outlined in the UN Convention also offer profound benefits to coastal states in respect of resources, both living resources such as fisheries and non-living resources such as oil and gas. Furthermore, the rights and responsibilities relating to national maritime zones as laid down in the 1982 Convention provide coastal states with opportunities and obligations in the sphere of ocean management. This includes, but is not limited to, navigation, fisheries protection, conservation of living resources, pollution control, search and rescue and marine scientific research.
Practice on Provisional Arrangements in maritime Disputed Areas, JOINT DEVELOPMENT ZONES, Kuwait-Saudi Arabia case, Al Uqair Protocol of 1922, American Independent Oil Company, JDZ, JOINT DEVELOPMENT ZONES, Kuwait, Kuwait-Saudi Arabia case, maritime Disputed Areas, Neutral Zone, Pacific Western Oil Corporation, Qarah island, Saudi Arabia, territorial sea
Maritime delimitation may be defined as the process of establishing lines separating the spatial ambit of coastal State jurisdiction over maritime space where the legal title overlaps with that of another State. This definition calls for five comments:… Legal Nature of Maritime Delimitation in law of the sea and customary international law, a just and equitable share, continental shelf, délimitation constitutive, délimitation déclarative, EEZ, geographical co-ordinates, Gulf of Maine case, internal waters, International Sea-Bed Authority, maritime delimitation, North Sea Continental Shelf cases, provisional delimitation line, territorial sea, What are the stages of maritime boundary?, What is a single maritime boundary?, What is delimited boundary?, What is maritime space?, What is median line principle?, What is the difference between demarcation and delimitation?, Which law delimits world seas?
what is the meaning of Freedom of Navigation in law of the sea and customary international law, Arctic Sunrise Arbitration, LOSC, ship is without nationality, Ships With Suspicious Nationality, slave trade, unauthorized broadcasting, warship
The principal elements of the right of archipelagic sea lanes passage can be summarised:
(i) As with the right of transit passage, the right of archipelagic passage applies between one part of the high seas or an EEZ and another part of the high seas or an EEZ.
(ii) All ships and aircraft enjoy the right of archipelagic sea lanes passage in such sea lanes and air routes under Article 53(2). The right of archipelagic sea lanes passage contains the rights of overflight by aircraft. In common with the right of transit passage, foreign warships and military aircraft have the right of archipelagic sea lanes passage.
(iii) Like the right of transit passage, archipelagic sea lanes passage must be the exercise of the rights of navigation and overflight solely for the purpose of continuous, expeditious and unobstructed transit. The Right of Archipelagic Sea Lanes Passage based on law of the sea(and customary international law and LOSC), air routes, Archipelagic Sea Lanes Passage, archipelagic State, IMO, Marine Safety Committee, territorial sea
The Right of Innocent Passage Through Archipelagic Waters(in law of the sea, customary international law and LOSC), delimitation of internal waters, Innocent Passage, Innocent Passage Through Archipelagic Waters, submarines, territorial sea, underwater vehicles
Article 47(1) of the LOSC provides as follows :
An archipelagic State may draw straight archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the archipelago.
A key point is that the legal criteria of being an archipelago must be fulfilled in order to construct archipelagic baselines. In other words, a State which does not meet the legal definition of an archipelagic State is not entitled to draw archipelagic baselines. The language of this provision also suggests that the establishment of archipelagic baselines is facultative. Article 47 sets out conditions for drawing these baselines in some detail… how draw Archipelagic Baselines in the international law of the sea and LOSC?, Archipelagic Baselines, archipelagic State, High seas, LOSC, low-tide elevations, opinio juris, straight archipelagic baselines, territorial sea
The straits under Part III of the LOSC contain two types of straits: straits to which the regime of transit passage applies and straits to which the right of innocent passage applies.
The first type concerns straits to which the regime of transit passage applies. In this regard, Article 37 provides: This section applies to straits which 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. This provision contains two criteria for identifying international straits under Part III.
The first is the geographical criterion. Such straits are those connecting ‘one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone’. The second is the functional criterion, namely ‘straits used for international navigation’. Concerning the relationship between the two criteria, the ICJ, in the Corfu Channel case, seemed to consider that the geographical criterion provided the primary criterion… what is the meaning of INTERNATIONAL STRAITS and its legal issues (typology and rules), Åland Islands, Åland Strait, archipelagic waters, Arctic Ocean, Arctic waters, Article 36 of the LOSC, Atlantic Oceans, Corfu Channel judgment, Dardanelles, Dover Strait, EEZ, international navigation, international shipping, international straits, LOSC, Montreux Convention, non-suspendable innocent passage, Osumi Strait, right of innocent passage, Strait of Gibraltar, Strait of Magellan, Straits of Malacca, territorial sea, territorialisation, transit passage, Turkish Straits
The Rights of the Coastal State Concerning Innocent Passage (treaties and customary international law), 22 and 25 of the LOSC, Article 28 of the LOSC, Articles 21, coastal State, coastal States, flag State, illicit traffic in narcotic drugs, immigration or sanitary laws, Innocent Passage, maritime traffic, navigational aids and facilities, prevention of infringement of the customs, protection of cables and pipelines, territorial sea
The right of innocent passage through the territorial sea is based on the freedom of navigation as an essential means to accomplish freedom of trade. In his book published in 1758, Emer de Vattel had already accepted the existence of such a right. Subsequently, in the Twee Gebroeders case of 1801, Lord Stowell ruled that: ‘[T]he act of inoffensively passing over such portions of water, without any violence committed there, is not considered as any violation of territory belonging to a neutral state – permission is not usually required.’ It may be considered that the right of innocent passage became established in the middle of the nineteenth century. In this regard, the Report Adopted by the Committee on 10 April 1930 at the Hague Conference for the Codification of International Law clearly stated:
This sovereignty [over the territorial sea] is, however, limited by conditions established by international law; indeed, it is precisely because the freedom of navigation is of such great importance to all States that the right of innocent passage through the territorial sea has been generally recognised. what is “The Right of Innocent Passage” in law of the sea and customary international law, 1972 Convention on the International Regulations for Preventing Collisions at Sea, Article 17 of the LOSC, Article 19(2) of the LOSC, coastal State, coastal States, fishing activities, Innocent Passage, landing or taking on board of any aircraft, Lord Stowell, serious pollution, spying, territorial sea, The Right of Innocent Passage, Twee Gebroeders case, underwater vehicles
The territorial sea is a marine space under the territorial sovereignty of the coastal State up to a limit not exceeding 12 nautical miles measured from baselines. The territorial sea comprises the seabed and its subsoil, the adjacent waters, and its airspace. The landward limit of the territorial sea is the baseline. In the case of archipelagic States, the inner limit of the territorial sea is the archipelagic baseline. The outer limit of the territorial sea is the line every point of which is at a distance from the nearest point of the baseline equal to the breadth of the territorial sea.. Legal Status of the Territorial Sea (international law of the sea, LOSC, cases), 12-nautical-mile territorial sea, 1909 Grisbadara case, Article 2(3) of the LOSC, Legal Status of the Territorial Sea, LOSC, territorial sea, territorial waters
Internal waters are ‘those waters which lie landward of the baseline from which the territorial sea is measured’. Specifically, internal waters in a legal sense embrace (i) parts of the sea along the coast down to the low-water mark, (ii) ports and harbours, (iii) estuaries, (iv) landward waters from the closing line of bays, and (v) waters enclosed by straight baselines. On the other hand, as noted earlier, internal waters in the law of the sea do not include waters within the land territory and land-locked waters or lakes. what is the meaning of INTERNAL WATERS in law of the sea and cases?, archipelagic waters vs internal waters, definition of internal waters, estuaries, example of internal waters, harbours, High seas, internal waters, internal waters distance, internal waters examples, internal waters unclos, International waters, landward waters, law of the sea, Mare liberum, ports, territorial sea, trans-boundary waters, waters enclosed by straight baselines, What do you mean about internal waters?, What does internal waters mean?, What is included in the internal waters?, Where are international waters?
In this regard, the Arbitral Tribunal, in the 1910 North Atlantic Coast Fisheries case, stated:
the geographical character of a bay contains conditions which concern the interests of the territorial sovereign to a more intimate and important extent than do those connected with the open coast. Thus conditions of national and territorial integrity, of defense, of commerce and of industry are all vitally concerned with the control of the bays penetrating the national coast line.
Furthermore, where the low-water line rule applies to a bay whose mouth is less than twice the breadth of the territorial sea, the high seas may be enclosed within the bay. This situation will create inconvenient results for various marine activities.. the meaning of the Juridical Bays in the law of the sea and LOSC, 10-mile formula, Arbitral Tribunal, Article 10(6) of the LOSC, customary international law, Fisheries case, Juridical Bays, law of the sea, LOSC, low-water line, North Atlantic Coast Fisheries case, territorial sea
MARITIME ZONE AND JURISDICTION, contiguous zone, continental shelf, Exclusive Economic Zone (EEZ), High Seas and Deep Ocean Floor, internal waters, law of the sea, Maritime Claims, maritime zone, Maritime Zones and How They Are Determined, River Mouths, territorial sea