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Law of the Sea Assignment

Students in Lawsicho courses regularly produce writing assignments and work on practical exercises as part of their courses and develop real-world practical skills. “The continental shelf of a coastal State shall comprise the seabed and subsoil of submarine areas extending beyond its territorial sea during the natural extent of its terrestrial territory to the outer limit 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, when the outer edge of the continental margin does not extend beyond that distance” (Art. 76, paragraph 1); 1982 ). This is the case of Anglo Norwegian Fishing, which demonstrated the principle of determining the baseline without geographical constraints. In the present case, the method used by the Norwegians affected the United Kingdom`s interest in fishing, since the basic straight method used at the time covered the parts of the sea forming part of the high seas area. The limit of the exercise of jurisdiction over the territorial sea became clear only after the First World War, but article 3 of the 1982 Convention stipulates that all States have the right to determine the breadth of the territorial sea up to a limit not exceeding 12 nautical miles from baselines. This is clearly consistent with State practice. Two methods have been established for determining the extent of this range: countries first seek to settle disputes arising from the 1982 Convention and its provisions through negotiation or other agreed means of their choice (e.g. arbitration). If these efforts fail, a country may, subject to certain exceptions, refer the dispute to the International Tribunal for the Law of the Sea (based in Hamburg), arbitration or the ICJ for forced settlement. The use of these mandatory procedures was rather limited. 4.6.2.

Freedom of navigation on the high seas: general rules. In the case of coastal States, under article 56 of the Convention, such States have sovereign rights over the exclusive economic zone for the following purposes: visual and radar instrument flight procedures and other landing approaches. What is the definition of the following terms landlord and tenant The main current of the Grotian theory was that the high seas are res communis because it is physically impossible to take possession of it. Scelle argued that the nature of the high seas can be compared to public parks or beaches or any public place open to the public for general use under national law (Khan, 2007: p. 241). Fenwick (1971: p. 496) suggests that the high seas or high seas are the sea outside territorial waters. The high seas have been defined in article 1 of the 1958 Geneva Executive Convention on the High Seas as all parts of the sea that do not belong to the territorial sea or internal waters of a State. In the light of recent developments, this definition has become very absolute and inadequate. This provision essentially reproduces customary international law, although the definition in article 86 of the 1982 Convention includes, as a result of changing circumstances: “.. all parts of the sea not included in the EEZ, the territorial sea or internal waters of a State or the archipelagic waters of an archipelagic State … ». Article 87 of the 1982 Convention provides that the high seas shall be open to all States and that the freedom of the high seas shall be exercised in accordance with the Convention and other rules of international law.

The Ocean Law Research Tool was developed as part of the Study on Underwater Cultural Heritage Law. The study identifies applicable laws and highlights current gaps in the protection of underwater heritage on the U.S. outer continental shelf and exclusive economic zone areas. It also recommends specific changes for better protection, such as possible changes to several laws. The EEZ and the continental shelf are almost similar, but the main difference between the two is that, according to the 1982 Agreement, a continental shelf can exist without EEZs, but there can be no EEZ without the delimitation of the continental shelf. This introduction is intended to provide policymakers, military personnel, and other interested persons with an introduction to the basic principles of the law of the sea, as they affect the security, trade, and scientific interests of the United States. To this end, it focuses on key elements of the law of the sea that affect these interests, including the provisions of the United Nations Convention on the Law of the Sea (LOSC), a very detailed and comprehensive treaty signed by 168 parties. Although the United States is not a party to the LOSC, it considers that, with some exceptions, the Convention reflects the rules of customary international law.

The United States actively seeks compliance with these rules by all states. An exception to the exclusive jurisdiction of the flag State over a ship on the high seas is the right to hot tub (Kapoor, 2008: p. 145). The right to prosecute a foreign ship is a principle designed to ensure that a ship that has violated the rules of a coastal State cannot escape punishment by escaping on the high seas. In reality, this means that, in certain defined circumstances, a coastal State may extend its jurisdiction to the high seas in order to track and seize a vessel suspected of violating its laws. Law, which has developed in one form or another since the 19th century, was developed comprehensively in Article 111 of the 1982 Convention, building on Article 23 of the 1958 Convention (Shaw, 1997: p. 425). The pursuit of a foreign ship may be undertaken if there is reason to believe that the ship has violated the laws and regulations of the coastal State, but it must commence when the ship or one of its vessels is in internal waters, the waters of the archipelago, the territorial sea or the contiguous zone.

and may be continued outside the territorial sea or contiguous zone only if the pursuit has not been interrupted. Ships shall fly only the flag of a State and, save in exceptional circumstances expressly provided for in international treaties or in this Convention, shall be subject to its exclusive jurisdiction on the high seas. A ship may not change its flag during a voyage or port of call, except in the case of an actual transfer of ownership or a change of register (Article 92(1)). A ship flying the flag of two or more States and using as it pleases cannot claim any of the nationalities concerned in respect of another State and may be treated as a ship without nationality (Article 92(2) of 1982). The foregoing articles do not affect the question of ships operating in the official service of the United Nations, its specialized agencies or the International Atomic Energy Agency (IAEA) and flying the flag of the Organization (Article 93, 1982). Each State effectively exercises jurisdiction and control over ships flying its flag in administrative, technical and social matters (Article 94(1)). Yorke, R., ed. Protection of Underwater Cultural Heritage in International Waters Adjacent to the UK: Proceedings of the JNAPC 21st Anniversary Seminar, Burlington House, November 2010. 5-14. The agenda, work programme of the meeting and other working documents of the meeting are available on the conference website at www.un.org/bbnj. Thanks to the Ocean Law Research Tool online database, searching for maritime laws is now much easier. Users can search hundreds of legal documents, including environmental and heritage laws, legislative histories, court decisions, and other documents related to the protection of underwater heritage on the outer continental shelf of the United States.

The coastal curve from which a state`s sea surface is measured is referred to as the low-water line (Rahman, 2003: p. 145). The baseline can be of two types: (a) normal baseline and (b) straight baseline. The normal baseline is the low-water mark along the coast. The low-water mark after low tide on the coast is considered a normal baseline. It is a line that embraces the coast. Article 5 contains provisions on the normal reference level and shows that, except as otherwise provided in this Convention, the normal reference level for measuring the breadth of the territorial sea is the low-water line along the coast as shown on officially recognized large-scale charts by the coastal State.

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