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Constitution
B. Internal Waters
1. Nature
a. Waters on the inland side of the baselines (bodies of water within the land
mass)
b. Include ports, harbors, rivers, lakes, canals, and navigable waterways
Thalweg Doctrine for boundary rivers, absent an agreement between the
riparian states, the boundary line is laid on the middle of the main navigable
channel
Middle of the Bridge Doctrine where there is a bridge over a boundary
river, the boundary line is the middle or center of the bridge
2. Part of a State's land territory, subject to the full exercise of
sovereignty
3. Limitations on sovereignty over internal waters
a. Ships in distress have the right to enter foreign ports to avoid danger
b. States may enter into Friendship, Commerce, and Navigation treaties that
allow access to their ports
c. Internal waters may be governed by such treaties as those governing
some navigable European rivers.
4. States in practice exercise no control over internal matters,
except
a. When an offense on a ship affect the peace or good order of the coastal
state
b. When intervention is requested
c. When a non crew member is involved.
5. Cases
a. Military and Paramilitary Activities In and Against Nicaragua
b. Saudi Arabia vs. Arabian American Oil Company
C. Territorial Sea
1. Waters that stretch up to 12 miles from the baseline on the seaward
direction
2. Subject to the jurisdiction of the coastal state
3. Nature of jurisdiction over territorial waters: Approximately same as to
land territory, except that the coastal state must respect the rights to
a. Innocent passage: navigation through the territorial sea without entering
internal waters, going to internal waters, or coming from internal waters and
making for the high seas
The acts must be required by navigation or distress
Must not prejudice the peace, security, or good order of the coastal state
b. Transit passage (discussed under straits)
4. Baselines:
a. Normal Baseline Method territorial sea is drawn from the low-water mark
of the coast to the breadth claimed, following its sinuosites and curvatures,
excluding the internal waters in the bays and gulls
b. Straight Baseline Method straight lines are made to connect appropriate
points on the coast without departing radically from its general direction
D. Straits
1. Regime of transit passage: Applies to straits used for international
navigation from the high seas or EEZ to another part of the high seas or the
EEZ.
2. Transit passage: the freedom of navigation or overflight for the purpose of
expeditious or continuous passage from high seas or EEZ to high seas or
EEZ; must be expeditious and continuous. During transit passage, foreign
ships, including maritime scientific research and hydrographic survey ships,
may not carry out any research or survey activities without
the prior authorization of the bordering states.
Transit passage is inapplicable:
1. If there exists through the strait a route through the high seas or an EEZ of
similar convenience (freedoms of navigation and overflight apply)
2. If the strait is formed by an island of a state bordering the strait and its
mainland, and there exists seaward of the island a route to the high seas or
EEZ of similar convenience (innocent passage apples)
3. If the strait is between a part of the high seas or EEZ and the territorial
sea of another state (innocent passage applies).
3. Doctrine of Non-suspendable right of innocent passage applies
4. Case: Corfu Channel Case
Albanian authorities had the obligation of notifying the existence of a
minefield in Albanian territorial waters and in warning the British warships of
this imminent danger.
Basis of such obligation:
1. Elementary considerations of humanity, even more exacting in peace than
in war
2. The principle of freedom of maritime communication
3. Every State's obligation not to allow knowingly its territory to be used for
acts contrary to the rights of other States. Albania was aware of the mine-
laying since the geography of the strait easily allowed Albanian lighthouse
watchers to view such activities.
Innocent passage through straits is recognized by international law. The
decisive criterion is its geographical situation as connecting two parts of the
high seas and the fact of its being used for international navigation. The
nature of the Channel satisfies this criterion. It has been a useful route for
international maritime traffic. Passage through it therefore cannot be
prohibited by a coastal State in time of peace. Combat formation determines
if a passage is innocent.
E. Archipelagos/Archipelagic Waters
1. Archipelago a group of islands, including parts of islands, interconnecting
waters, and other natural features, which are closely interrelated in such
islands, waters and other natural features which form an intrinsic
geographical, economic and political entity, or which historically has been
regarded in such
Kinds of Archipelago
a. Coastal situated close to a mainland and may be considered a part
thereof, e.g. Loften Islands, Norway
b. Mid-ocean situated in the ocean at such distance from the coasts of
firm land, e.g.
Indonesia
2. Archipelagic states
a. Those made up of a group of islands or archipelagos
b. Examples: Philippines and Indonesia
c. Allowed to draw straight baselines between the outermost points of the
outermost islands, provided these points are sufficiently close to one another
and that within such baselines are included the main islands and an area in
which the water area to land area ratio is between 1:1 and 9:1. Some
guidelines in drawing the baselines:
Length shall not exceed 100 nautical miles, except that up to 3% of all the
baselines may reach up to 125 miles
Drawing of the baselines shall not depart to any appreciable extent from
the archipelagos general configuration
Shall not be drawn to and from low-tide elevations
Shall not be applied in such a manner as to cut off from the high seas or
EEZ the territorial sea of another State
3. Archipelagic waters
a. Waters inside the lines drawn by archipelagic states
b. State has full sovereignty over these waters, but it must provide for
archipelagic sea lanes and air routes through them
4. Archipelagic Doctrine - defines an archipelago as the unity of land and
waters either as a group of islands surrounded by waters or a body of waters
studded with islands.
Drawing Baselines: Drawn by connecting the appropriate points of the
outermost islands to encircle the islands within the archipelago. The waters
on the landward side of the baselines, regardless of breadth or dimensions,
are merely internal waters. (Sec. 1, Art. I of the Constitution) [1989 Bar]
F. The Contiguous Zone
1. Up to 24 miles from the baselines
2. Not technically part of the territory but the coastal State
may exercise the control necessary to prevent or punish
infringement of its fiscal, customs, immigration or sanitary
laws within territorial waters
G. The Continiental Shelf
1. Consists of the seabed and subsoil of the submarine areas extending
beyond a coastal state's territorial sea throughout the natural prolongation of
its land territory to the outer edge of the continental margin
2. Extent of claimable continental shelf
a. If the shelf does not extend beyond 200 miles: up to 200 miles outward
b. If it extends beyond this: State may claim a larger area, but no more than
350 miles from its baselines
3. The State has sovereign rights to explore and exploit the natural resources
of the shelf
4. Regime does not affect the regime of the waters and airspace above
H. The Exclusive Economic Zone
1. Up to 200 miles from its baselines; not part of the national territory but
exclusive economic benefit is reserved for the state
2. Rights of a State within its EEZ:
a. Sovereign rights: exploring and exploiting, conserving and managing
natural resources, whether living or non-living, of the waters super-adjacent
to the seabed
and subsoil
b. Jurisdiction with regard to:
i. Establishment and use of artificial islands,
installations and structures
ii. Marine scientific research
iii. Protection and preservation of the marine
environment and pollution control
c. Other rights and duties provided for in the UNCLOS (Art.
56, UNCLOS)
I. Delimitation of Maritime Boundaries
Maritime Delimitation Between Guinea-Bissau and Senegal
J. The High Seas
1. Not Territory any State (res communes or res nullus)
2. Customary regime of freedom of the high seas: Nearly
complete freedom of action in the high seas for the vessels
of all states
3. Exceptions
a. Hot pursuit, where a ship that violates a coastal State's
laws in its territorial waters or other ocean zones is
chased by the State's warships or military aircraft
b. Right of visit, by which a warship or military aircraft
may approach and board a ship when there are
reasonable grounds to suspect that the ship is engaged
in piracy, slave trade, etc.
K. Aerial Domain
Air space above the land and waters of the state
Air Freedoms for Scheduled International Services:
a. Freedom to fly across foreign territory without landing
b. Freedom to land for non-traffic purposes
c. Freedom to put down traffic originating in the state of
aircraft
d. Freedom to embark traffic destined for the state of
aircraft
e. Freedom to embark traffic destined for, or to put down
traffic coming from, third states
Outer Space
o The region beyond the earths atmosphere; not subject
to the jurisdiction of any state
o The exploration and use of outer space, including the
moon and other celestial bodies, shall be carried out
for the benefit and in the interests of ALL countries,
and shall be the province of all mankind
o Free from exploration and use by ALL States, on a basis
of equality and in accordance with international law,
and there shall be free access to all areas of celestial
bodies
o NOT subject to national appropriation by claim of
sovereignty, use, occupation, or by any other means
o Astronauts are envoys of mankind in outer space, and
states party to the Treaty on the Exploration and Use
of Outer Space shall render to them all possible
assistance in the event of accident, distress or
emergency landing on the territory of another State
party or on the high seas. When astronauts make such
a landing, they shall be safely and promptly returned
to the State of registry on their space vehicle
o Theories on where outer space begins:
a. Lowest altitude for artificial earth satellites to
orbit without being destroyed by friction (90 kms
above earth)
b. Functional approach that the rules shall not
depend on the boundaries set, but on the nature
of the activity undertaken (Nachura)
cardinal