W5: Law of the Sea

Flashcards defining key terminology, legal provisions, case law, and maritime boundaries from international law of the sea and UNCLOS.

UNCLOS I

The 1958 United Nations Conference on the Law of the Sea, which resulted in four separate agreements covering the Territorial Sea/Contiguous Zone, High Seas, Fishing, and Continental Shelf.

UNCLOS III

The third United Nations Conference on the Law of the Sea, which produced the 1982 Law of the Sea Convention containing 320 articles and 9 annexes.

1982 Law of the Sea Convention (LOSC)

A comprehensive international maritime treaty in force since 16 November 1994, signed and ratified by 168 State parties to establish limits for maritime zones and navigational regimes.

Flag State

Under LOSC Articles 90 and 91, the State whose flag a ship is entitled to fly, which requires a genuine link between the State and the vessel.

Sovereign Immunity of Naval Vessels

Under LOSC Article 96, warships and State vessels on government non-commercial service enjoy complete immunity from foreign jurisdiction and foreign laws at all times, including in foreign ports.

Baseline

Under LOSC Articles 3–14, the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State, from which maritime zones are measured.

Straight Baselines

Baselines drawn under LOSC Article 7 across deeply indented coastlines or fringing islands, provided they do not depart to any appreciable extent from the general direction of the coast.

Bay (LOSC Article 10)

A well-marked indentation whose area is at least as large as a semi-circle with a diameter drawn across its mouth, where the entrance distance does not exceed $24\,\text{nautical miles}$.

Nautical Mile

A standard unit of measurement used in maritime boundaries, equal to $1.852\,\text{km}$.

Historic Bay

A bay over which a nation demonstrates open, effective, long-term, and continuous exercise of authority, coupled with foreign nation acquiescence.

Island (LOSC Article 121)

A naturally formed area of land surrounded by water that remains above water at high tide and is capable of sustaining human habitation or an economic life of its own.

Rock (LOSC Article 121(3))

A permanent natural feature above water at high tide that cannot sustain human habitation or an economic life of its own, possessing a territorial sea and contiguous zone but no EEZ or continental shelf.

Low-Tide Elevation

Under LOSC Article 13, a naturally formed area of land surrounded by and above water at low tide but submerged at high tide, generating no territorial sea of its own if located beyond $12\,\text{nautical miles}$ from the coast.

Spratly Islands

An island group in the South China Sea subject to competing claims by China, Malaysia, Philippines, Taiwan, and Vietnam.

South China Sea Arbitration (2016)

A Permanent Court of Arbitration case brought by the Philippines ruling that no high-tide features in the Spratlys are islands under Article 121 and that China's claims breached obligations under LOSC.

Internal Waters

Under LOSC Article 8(1), waters situated on the landward side of the baseline of the territorial sea, over which the coastal State exercises full sovereignty without rights of foreign innocent passage.

Territorial Sea

A maritime zone extending up to $12\,\text{nautical miles}$ from the baseline over which the coastal State exercises sovereignty, subject to the right of foreign innocent passage.

Innocent Passage

Continuous and expeditious navigation through the territorial sea that is non-prejudicial to the peace, good order, or security of the coastal State.

Submarine Innocent Passage (LOSC Article 20)

The rule requiring submarines and other underwater vehicles navigating the territorial sea of a foreign State to navigate on the surface and show their flag.

Suspension of Innocent Passage

Under LOSC Article 25(3), the temporary, non-discriminatory suspension of foreign innocent passage by a coastal State in specified areas of its territorial sea, if essential to protect its security.

Warship (LOSC Article 29)

A ship belonging to the armed forces of a State bearing external marks, under the command of a commissioned officer, and manned by a crew under regular armed forces discipline.

Hot Pursuit (LOSC Article 111)

The right of a coastal State to pursue a foreign ship onto the high seas if there is good reason to believe it has violated coastal State laws, provided the pursuit is continuous and uninterrupted.

Maritime Powers Act 2013 (Cth)

Australian federal legislation empowering maritime officers to enforce laws, stop, board, chase, and use reasonable force against vessels in maritime zones.

South Tomi Incident (2001)

A Togo-registered vessel caught illegally fishing in the Australian EEZ, pursued for $6100\,\text{km}$ over 14 days through joint international enforcement involving Australia, France, and South Africa.

Contiguous Zone (LOSC Article 33)

A maritime zone extending up to $24\,\text{nautical miles}$ from the baseline where a coastal State may exercise control to prevent and punish infringements of its FISC laws committed within its territory or territorial sea.

FISC Laws

Fiscal, immigration, sanitary, or customs laws and regulations enforced by a coastal State within its contiguous zone.

Exclusive Economic Zone (EEZ)

An area beyond and adjacent to the territorial sea extending up to $200\,\text{nautical miles}$ from the baseline where the coastal State holds sovereign rights over living and non-living natural resources.

Article 56 LOSC

The provision granting coastal States sovereign rights over natural resource exploration/exploitation and jurisdiction over artificial islands, marine scientific research, and environmental protection in the EEZ.

Article 58 LOSC

The provision reserving High Seas freedoms of navigation, overflight, and laying of submarine cables for all States within foreign Exclusive Economic Zones, subject to due regard.

Marine Scientific Research (MSR)

Activities regulated under Part XIII (Article 246) of LOSC requiring coastal State consent in the EEZ, distinguished by US and WMO positions from routine hydrographic, military, and meteorological surveys.

Continental Shelf (LOSC Article 76)

The seabed and subsoil of submarine areas extending to the outer edge of the continental margin, or up to $200\,\text{nautical miles}$ (and up to $350\,\text{nautical miles}$ where the margin extends further).

High Seas (LOSC Article 86)

All parts of the sea not included in the EEZ, territorial sea, internal waters, or archipelagic waters, open to all States for lawful usage without claims of national sovereignty.

The Area (LOSC Part XI)

The seabed, ocean floor, and subsoil thereof beyond the limits of national jurisdiction, designated under Article 136 as the common heritage of mankind.

International Seabed Authority (ISA)

An autonomous organization established under Part XI of LOSC to organize, regulate, and control all mineral resource activities in the Area on behalf of mankind as a whole.

1994 Implementation Agreement

An agreement modifying Part XI of LOSC to adopt free-market principles and reduce administrative costs, resolving concerns of industrialized nations regarding deep seabed mining.

International Strait

A narrow waterway used for international navigation connecting one part of the high seas or EEZ to another part of the high seas or EEZ, governed by transit passage.

Transit Passage

Under LOSC Articles 38 and 39, the non-suspendable freedom of navigation and overflight exercised solely for continuous and expeditious transit through international straits in normal operational modes.

Normal Mode

The operational status during transit passage allowing warships to conduct formation steaming and launch aircraft, and submarines to transit submerged.

Archipelagic State

Under LOSC Article 46, a State constituted wholly by one or more archipelagoes, meeting land-to-water ratios between $1:1$ and $1:9$ with baselines up to $100\,\text{nautical miles}$ (or $125\,\text{nautical miles}$ for $3\%$ of baselines).

M/V Saiga (No. 2) Case (1999)

An ITLOS case establishing that law enforcement use of force at sea must be necessary, reasonable, preceded by visual or auditory stop signals, and refrain from endangering human life.