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Topic: Territorial sea


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  UNITED NATIONS CONVENTION ON THE LAW OF THE SEA
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.
In the case of islands situated on atolls or of islands having fringing reefs, the baseline for measuring the breadth of the territorial sea is the seaward low-water line of the reef, as shown by the appropriate symbol on charts officially recognized by the coastal State.
Where a low-tide elevation is situated wholly or partly at a distance not exceeding the breadth of the territorial sea from the mainland or an island, the low-water line on that elevation may be used as the baseline for measuring the breadth of the territorial sea.
www.un.org /Depts/los/convention_agreements/texts/unclos/part2.htm   (2858 words)

  
 [No title]
The sovereignty of a State extends, beyond its land territory and its internal waters, to a belt of sea adjacent to its coast, described as the territorial sea.
LIMITS OF THE TERRITORIAL SEA Article 3 Except where otherwise provided in these articles, the normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State.
Article 6 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.
fletcher.tufts.edu /multi/texts/BH363.txt   (2407 words)

  
 Law of the Seas Convention - Page 1 of 5
The sovereignty of a coastal State extends, beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the territorial sea.
The baselines for measuring the breadth of the territorial sea determined in accordance with articles 7, 9 and 10, or the limits derived therefrom, and the lines of delimitation drawn in accordance with articles 12 and 15 shall be shown on charts of a scale or scales adequate for ascertaining their position.
The breadth of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf shall be measured from archipelagic baselines drawn in accordance with article 47.
www.globelaw.com /LawSea/ls82_1.htm   (5623 words)

  
 Legal provision: maritime law   (Site not responding. Last check: 2007-10-20)
The breadth of the territorial sea is measured from baselines and being part of a state’s territory is under its sovereignty.
Contiguous zone waters constitute a belt of sea, adjoining to the territorial waters of a coastal state which, according to United Nations Convention on the Law of the Sea of 1982, may not extend beyond 24 nautical miles from the baseline from which the breadth of the territorial sea is measured.
Two of the sources of international law concerning the high seas are the Convention on the High Seas of 1958 and the United Nations Convention on the Law of the Sea of 1982.
www.unesco.org /csi/act/russia/legalpro6.htm   (5726 words)

  
 Ratification of the Law of the Sea Treaty: A Not-So-Innocent Passage
The Law of the Sea Treaty, formally known as the Third United Nations Convention on the Law of the Sea, or UNCLOS III, was adopted in 1982.
To qualify as "hot pursuit," such pursuit must begin in the "internal waters, the archipelagic waters, the territorial sea or the contiguous zone of the pursing State, and may only be continued outside the territorial sea or the contiguous zone" if the pursuit has been uninterrupted.
Sea levels have risen by an estimated 10-25 centimetres over the last century, and as this continues the waters will cover land and coastal habitats in many countries...
www.nationalcenter.org /NPA542LawoftheSeaTreaty.html   (3848 words)

  
 Convention on the Territorial Sea and the Contiguous Zone
The sovereignty of a State extends, beyond its land territory and its internal waters, to a belt of sea adjacent to its coast, described as the territorial sea.
For the purpose of delimiting the territorial sea, the outermost permanent harbour works which form an integral part of the harbour system shall be regarded as forming part of the coast.
Passage means navigation through the territorial sea for the purpose either of traversing that sea without entering internal waters, or of proceeding to internal waters, or of making for the high seas from internal waters.
www.bits.de /ac-archive/voelkerrecht/on/terrsea.htm   (2680 words)

  
 Straight Dope Staff Report: In international waters, are you beyond the reach of the law?
He noted, "the sea is called indifferently the property of no one (res nullius), or a common possession (res communis), or public property (res publica)." Grotius contended that the sea could not be owned, and that no country could deny another country's ships innocent passage right up to the shoreline.
The answer is to permit coastal States to arrest vessels outside their territorial seas in connection with offences that either have been committed or which it is suspected are going to be committed within their territorial sea.
As a nod to the territorial principle, "The right of hot pursuit ceases as soon as the ship pursued enters the territorial sea of its own State or of a third State." States can also agree to permit another state to arrest vessels flying their flags.
www.straightdope.com /mailbag/mlawofsea.html   (2758 words)

  
 The U.S. Territorial Sea and Other Lines in the Water
While no specific statute addresses the extent of the basic U.S. territorial sea, various regulations reflect the traditional position that the extent of such claim is three nautical miles from the baseline, which is generally the low-water mark.
Within the territorial sea, being under the full sovereignty of the United States, all U.S. laws are enforced, as well as those of the adjacent coastal state of the United States.
It provided that the territorial sea, for purposes of that Act, would be the belt of seas from the U.S. baseline as determined in accordance with the 1988 Presidential Proclamation.
www.hklaw.com /Publications/OtherPublication.asp?ArticleID=81   (1715 words)

  
 United Nations Convention on the Law of the Sea
Summary of the "United Nations Convention on the Law of the Sea" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.
Coastal States may, in the exercise of their sovereignty within their territorial sea, adopt laws and regulations for the prevention, reduction and control of marine pollution from foreign vessels, including vessels exercising the right of innocent passage.
However, with respect to violations committed in the territorial sea, the foregoing obligations of the coastal State apply only to such measures as are taken in proceedings.
sedac.ciesin.org /entri/texts/law.of.the.sea.1982.html   (4709 words)

  
 The South China Sea Dispute by Scott Snyder: Special Reports: U.S. Institute of Peace
The disputed territorial claims in the South China Sea remain a dangerous source of potential conflict in the absence of preventive measures to forestall a military or political crisis.
Safety of navigation and overflight and the freedom of sea lanes of communication are critical strategic interests of the United States, which uses the South China Sea as a transit point and operating area for the U.S. Navy and Air Force between military bases in Asia and the Indian Ocean and Persian Gulf areas.
The Law of the Sea Convention stipulates that in areas where EEZs overlap, the dispute should be settled through peaceful negotiation among the parties concerned, or the parties might voluntarily agree to third-party mediation or to judicial consideration by the ICJ.
www.usip.org /pubs/specialreports/early/snyder/South_China_Sea1   (5533 words)

  
 Nearctica - Conservation - Canadian Law - Fishing Zones Act
This Act may be cited as the Territorial Sea and Fishing Zones Act.
(1) The fishing zones of Canada comprise such areas of the sea adjacent to the coast of Canada as may be prescribed by the Governor in Council pursuant to subsection (2).
The Minister of Fisheries and Oceans may cause charts to be issued delineating the territorial sea of Canada and the fishing zones of Canada or any portions thereof as may be delineated consistent with the nature and scale of the charts.
www.nearctica.com /conserve/canlaw/fishzone.htm   (388 words)

  
 EPA: Federal Register: Territorial Seas, Navigable Waters, and Jurisdiction
As originally drafted and amended in 1975, 33 CFR 2.05-5 defined the extent of the U.S. territorial sea seaward of the baseline as 3 nautical miles.
The different breadths of the territorial seas impacts the corresponding location of the high seas for implementation of the particular statute.
(2) Unless otherwise specified in paragraph (a)(1) of this section, territorial sea means the waters, 3 nautical miles wide, adjacent to the coast of the United States and seaward of the territorial sea baseline.
www.epa.gov /fedrgstr/EPA-IMPACT/2002/August/Day-14/i20481.htm   (5285 words)

  
 International Law Commission - Summaries: Law of the Sea: Régime of the Territorial Sea
At its sixth and seventh sessions, in 1954 and 1955, the Commission adopted provisional articles concerning the regime of the territorial sea, with commentaries, and invited Governments to furnish their observations on the articles.
At its eighth session, in 1956, the Commission drew up its final report on the territorial sea, incorporating a number of changes deriving from the replies from Governments, which was incorporated by the Commission in its consolidated draft on the law of the sea.
The final report of the Commission on the law of the sea had been referred to the Conference by the General Assembly as the basis for its consideration of the various problems involved in the development and codification of the law of the sea.
untreaty.un.org /ilc/summaries/8_2.htm   (1834 words)

  
 IMMIGRATION CONSEQUENCES OF UNDOCUMENTED ALIENS' ARRIVAL IN UNITED STATES TERRITORIAL WATERS
Following the terms of that Executive Order, the INS memorandum stated that "[i]ndividuals interdicted within the territorial waters of the United States are transported to a port of the United States for an adjudication of their immigration status pursuant to the Immigration and Nationality Act." INS Haiti Mem.
That conclusion concerning the territorial scope of the signatories' obligations under Article 33 is re-enforced by the negotiating history of the article and the interpretations of commentators.
Although the legislative history of the territorial waters provision is inconclusive on the precise issue at hand, it does demonstrate that the phrase was inserted in order to avoid friction with other nations by limiting vessel searches within the three-mile territorial waters claimed by the United States in 1925.
www.usdoj.gov /olc/nautical.htm   (11020 words)

  
 How the Bush Administration Should Handle China
But China's sweeping territorial claims in the South China Sea and skewed interpretation of the law of the sea are an explicit threat to the freedom of navigation.
The South China Sea issue appears complicated because of the competing claims of six different governments, the arcane nature of the various historical claims, and the impotence caused by voluntary enforcement of the United Nations Convention on the Law of the Sea.
Without doubt, Chinese explorers and fisherman sailed the South China Sea for thousands of years and recorded their exploits, but it is equally clear that the Chinese traditionally have viewed Hainan Island as the southernmost outpost of their civilization, certainly until the end of the 19th century.
www.heritage.org /Research/AsiaandthePacific/BG1470.cfm   (3229 words)

  
 United Nations Convention on the Law of the Sea - Wikipedia, the free encyclopedia
The LOS was needed owing to the weakness of the older 'freedom of the seas' concept, dating from the 17th century: national rights were limited to a specified belt of water extending from a nation's coastlines, usually three (3) nautical miles, according to the 'cannon shot' rule developed by the Dutch jurist Cornelius Bynkershoek.
The issue of varying claims of territorial waters was raised in the UN in 1967 by Arvid Pardo, of Malta, and in 1973 the Third United Nations Conference on the Law of the Sea was convened in New York to write a new treaty covering the oceans.
Beyond the 12 nautical mile limit there was a further 12 nautical miles or 24 nautical miles from the territorial sea baselines limit, the "contiguous zone", in which area a state could continue to enforce laws regarding activities such as smuggling or illegal immigration.
en.wikipedia.org /wiki/Law_of_the_Sea   (3284 words)

  
 International Law Commission - Analytical Guide: Law of the Sea: Régime of the Territorial Sea
Main divisions of the draft regulation were: general questions; the extent of territorial seas; and the right of passage.
It considered the questions of the juridical status of the territorial sea, of its bed and subsoil, and of the air above it; the breadth of the territorial sea; base line; and bays.
The United Nations Conference on the Law of the Sea met at Geneva from 24 February to 27 April 1958, resulting in the adoption of four separate conventions: the Convention on the Territorial Sea and the Contiguous Zone (United Nations, Treaty Series, vol.516, p.
untreaty.un.org /ilc/guide/8_2.htm   (1429 words)

  
 The Law of the Sea
Baseline points along the coast form the framework from which the seaward boundaries of territorial sea, contiguous zone, fishery zone and exclusive economic zone can be computed and defined within the law.
The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.
8. Information on the limits of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured shall be submitted by the coastal State to the Commission on the Limits of the Continental Shelf set up under Annex II on the basis of equitable geographical representation.
www.gdiv.statkart.no /galos/Law_of_the_Sea.html   (1962 words)

  
 Geneva Convention on the Territorial Sea and the Contiguous Zone
Except where otherwise provided in these articles, the normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State.
For the purpose of delimiting the territorial sea, the outermost permanent harbour works which form an integral part of the harbour system shall be regarded as forming part of the coast.
If any warship does not comply with the regulations of the coastal State concerning passage through the territorial sea and disregards any request for compliance which is made to it, the coastal State may require the warship to leave the territorial sea.
www.oceanlaw.net /texts/genevats.htm   (2542 words)

  
 Arizona History: Historic Facts and Overview
The first, the transfer of the Louisiana Territory to the Spanish, lessened the threat of the French to the Spanish colonies.
The second was the issuance of a decree by King Charles II of Spain to expel all Jesuits from the Spanish Empire.
She was found guilty in that trial and sentenced to prison at the Yuma Territorial Prison.
www.e-referencedesk.com /resources/state-history/arizona.html   (8550 words)

  
 UNITED NATIONS CONVENTION ON THE LAW OF THE SEA   (Site not responding. Last check: 2007-10-20)
PART II Article 2 Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil
Article 5 Normal baseline Except where otherwise provided in this Convention, the normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State.
a.traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or b.proceeding to or from internal waters or a call at such roadstead or port facility.
www.turkishpilots.org /DOCUMENTS/sealaw.html   (1618 words)

  
 Chinese Territorial Assertion: The Case of the Mischief Reef
According to legal experts, the 33 features, which are permanently above the sea, would be entitled, under international law, to have 12 nautical miles of territorial sea, while 26 of these could have Exclusive Economic Zone and continental shelf claims.
Its readiness to use force to protect its rights was reflected in the debate on the passage of the "Law of the People's Republic of China on the Territorial Sea and Contiguous Zone" in the National People's Congress in February,1992.
At the instance of China, a meeting of Chinese and ASEAN Foreign Office officials was held at Hangzhou in China on April 3-4, 1995, to discuss measures for reducing tension.
www.subcontinent.com /sapra/research/world/w_1999_01_21.html   (3997 words)

  
 Proclamation 5928 -- Territorial Sea of the United States
is a maritime zone extending beyond the land territory and internal waters of the
exercises sovereignty and jurisdiction, a sovereignty and jurisdiction that extend to the airspace over the territorial sea, as well as to its bed and subsoil.
In accordance with international law, as reflected in the applicable provisions of the 1982 United Nations Convention on the Law of the Sea, within the territorial sea of the
www.reagan.utexas.edu /archives/speeches/1988/122788b.htm   (236 words)

  
 Business compliance cost statement: Review of marine reserves act 1971
Commercial fishers and petroleum and minerals interests in the Territorial Sea and EEZ, and non-extractive commercial operators in the Territorial Sea.
However it was estimated that this had a high risk of not meeting the biodiversity conservation purpose of the Act, would cost approximately 50% more to mark, monitor and enforce than no-take reserves, and would potentially increase the difficulty and cost of enforcing no-take reserves.
Mining, exploration and prospecting in a reserve for minerals (including petroleum) in the territorial sea, and petroleum in the EEZ, will be managed through the Crown Minerals Act 1991, and will not require additional authorisation under the Marine Reserves Act.
www.doc.govt.nz /templates/MultipageDocumentPage.aspx?id=39753   (940 words)

  
 UN Law of the Sea Convention 1982 - Contents
Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 (28 Jul 1994):A/RES/48/263 (33 ILM 1309)
Article 2 Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil
Article 48 Measurement of the breadth of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf
www.globelaw.com /LawSea/lsconts.htm   (2160 words)

  
 Oregon Territorial Sea Plan   (Site not responding. Last check: 2007-10-20)
The plan was designed to provide central guidelines for all state and federal agencies that manage ocean resources in Oregon’s territorial sea.
The territorial sea includes the seabed and its resources out to three (geographical) nautical miles.
This Territorial Sea Plan represents a commitment by the State of Oregon to carry out its ocean stewardship responsibilities on behalf of all citizens, now and in the future.
www.environment.pdx.edu /seaplan.htm   (1256 words)

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