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Law Of The Sea Notes

Law Notes > International Law Notes

This is an extract of our Law Of The Sea document, which we sell as part of our International Law Notes collection written by the top tier of Monash University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our International Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Law of the sea Interests protected by law of the seaExtension of state jurisdiction to territorial watersFreedom of navigation on the high seasRights to economic exploitation (fishing, mining etc) within a broad band outside territorial watersCommon heritage of mankind - high seas and deep seabed

Legal regimeTreaty: UN Convention on the Law of the Sea (UNCLOS) 1982, entered into force 1994. This treaty is considered to mostly codify customary IL.Tribunal: International Tribunal for the Law of the Sea (ITLOS)

Sea zones and rights Territorial sea: 12 nautical miles from coast The territorial sea of a state ends at 12 nautical miles from the coast. It includes the airspace and seabed, internal waters and waters between islands of an archipelago state. Rights of the state in territorial sea In its territorial sea, the state as the same sovereignty it has over land. Exceptions apply for:the right of innocent passage of foreign ships (Corfu Channel Case). Under this rule a coastal state cannot stop or board a ship in its territorial sea to enforce civil jurisdiction; however, it may enforce criminal.The immunity of warships and government ships that arise under state immunity, as long as the ships are passing peacefully and without belligerence.

Contiguous zone: 12-24 nautical miles from coast The contiguous zone of a state must be declared; a state may do so for the areas between 12
24 nautical miles from the baseline. [Note if this declaration has been made]
Rights of the state in the contiguous zone In this zone, states have limited jurisdiction to prevent and punish the infringement laws relating to customs, immigration, fishing and sanitary requirements.

Sea bed: continental shelf or exclusive economic zone of up to 200 nautical miles States may claim rights to the sea bed based on either its continental shelf or an exclusive economic zone. Continental shelf

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