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2. Strait with its Central Consists of High Seas/EEZ corridors (Art.

36).

• Straits sufficiently broad that they do not


overlapped by 12-nm territorial sea, and leave a
navigable waterway.
• Innocent passage applies in the territorial water;
whilst the freedom of navigation regime applies
in the high seas.
• Examples:
• Florida Strait between USA and Cuba
• Taiwan Strait between Taiwan and China
3. Strait Formed by an Island Bordering the
Straits and its Mainland, where there is
Alternative Route Seaward of the Islands (Art.
38(1)).
• Innocent passage regime applicable in those straits covering by a territorial
sea.
• Only if seaward of the island there exist high sea/EEZ of similar convenience.
• Straits of Messina between mainland Italy & Sicily island;
• Jeju Straits between Korean Peninsular and Jeju island;
• Pemba Channel, near Tanzania coast.
4. Strait situated between part of high seas or
EEZ with territorial sea of a third State (art. 45
(1)).
• Strait connecting high sea/EEZ and territorial sea of a third State.
• Strait does not situated between two parts of the high seas.
• Non-suspendable innocent passage applied.
• e.g. Strait of Juan de Fuca between USA and Canada
5. Straits Formed by High Seas/EEZs (Art. 37).

• Straits covered by territorial sea situated


between /connecting a high seas or EEZs and
other high seas or EEZs;
• Transit passage regime applicable for vessels
from high seas/EEZs to another high seas/EEZs;
• Straits of Malacca
• Hormuz Straits
• Innocent passage regime applicable for vessels
from territorial sea to another territorial sea of
another State:
6. Strait Governed by Compatible Agreements

• Compatible with the LOSC’s provisions;


• Passage of ships through the Gulf of Aqaba and
Tiran Straits.
• Treaty of Peace between Egypt & Israel (1979)
• Both parties consider: “the Straits of Tiran and the Gulf of
Aqaba as international waterways and open to all nations
for unimpeded & non-suspendable freedom of navigation
and over-flight…”
2. Archipelagic Water
• Part IV, LOSC;
• Indonesia, the Philippines, Fiji, Jamaica;
• Water within enclosed archipelagic straight baselines;
• Enjoys sovereignty over archipelagic waters
- airspace, seabed, subsoil and all resources contained
therein.
• Respect existing agreements, traditional fishing rights
and other legitimate activities of neighboring State.
- e.g. 1982 Bilateral Treaty between Indonesia and Malaysia
• Respect existing submarines cables laid by other
States passing through archipelagic water.
• Archipelagic sea lane passage regime applies.
Archipelagic Sea Lane Passage (ASLP) Regime
• ASLP is similar to transit passage regime;
• Applies in archipelagic waters;
• ASLP cannot be suspended;
• Ships, submarines and aircraft can transit an ASL in the
normal mode;
• Follow non-designated ICAO flight path;
• Non-designated sea lanes or air routes traffic, the right of
ASLP may be exercised through the routes
normally/traditionally used for international navigation;
• Outside of ASLs areas, innocent passage prevails.
• May be suspendable for safety reason, but must be
pre-informed.
Archipelagic Sea Lanes (ASLs)
• Designate lanes for expeditious passage of ships & aircraft
• through or over its archipelagic waters & adjacent territorial
sea;
• Sea lanes & air routes
• a series of continuous axis lines from the entry to the exit point.
• Ships and aircraft must not deviate:
• more than 25-nm from either side of the axis;
• Ships and aircraft shall not:
• navigate closer to the coast than 10 percent the distance
between the nearest points on islands bordering the sea lane.
• Axis line must be chartered, but not for boundary line;
• May prescribe TSS;
• Indonesia submitted proposal in 1996 for partial north-south
ASLs.
1. EEZ

Offshore Maritime Zones

2. Continental Shelf
1. EEZ
• Part V, Arts. 55- 75, LOSC;
• Max 200-nm measured from the baselines;
• State can claim less than 200nm EEZ if encroaching other
State’s boundary.
• A recent origin:
• Aspiration of many newly-independence developing
countries;
• Asian-African Legal Consultative Committee 1971;
• Acceptance gained momentum during UNCLOS III.
• Coastal State enjoys sovereign rights over natural
resources & related rights;
• User States enjoys freedom of navigation, over-
flight & laying of submarine cables and pipes.
Rights, Jurisdictions & Duties of Coastal
States
• Sovereign rights exploring, exploiting & managing
natural living & non-living resources:
• Other economic activities or exploitation e.g. production
of energy from water, currents & winds.
• Est. artificial islands, installations & structures;
• Marine scientific research;
• Protection & preservation marine environment;
• Fishery;
• Incl. anadromous species, catadromous species, marine
mammal species
• Delineating pipelines.
Rights, Jurisdictions & Duties of User States
• Freedom of navigation & over-flight;
• Laying of submarine cables & pipelines (except
delineation of pipelines);
• Other internationally lawful uses of the sea
associated with the above activities;
• What are the right enjoyed land-locked States &
geographically-disadvantage States in a foreign
EEZ ?
2. Continental Shelf
• Truman Proclamation 1945
• Submerged prolongation of the land mass of the coastal
State
• Consists of seabed adjacent a typical coast comprised of
Continental Margin
• continental rise, continental slope, and continental shelf proper.
• No need to claim CS
• Inherent State’s rights over CS.
• 1969 ICJ North Sea Continental Shelf Case.

• There can be CS without EEZ, but there cannot be an EEZ


without CS.
• ICJ Libya/Malta Continental Shelf Case 1985;
• If this right is not taken by coastal State, no other States can claim
such right;
• Right does not depend on occupation - effective or notional, express
proclamation..
Limits of Continental Shelf

1. Seabed & subsoil of submarine areas extending beyond


outer limit of territorial sea throughout the natural
prolongation of its land territory to the edge of the
continental margin. Or
2. To a distance of 200nm from the baseline from which the
breath of territorial sea is measured where the outer edge
of the continental margin does not extend up to that 200nm,
Or
3. Greater 200nm but maximum seaward limit within 350 nm
from baselines, Or
4. Greater 200nm Within 100nm of the 2,500-m isobaths (Art.
76 (4))
Coastal State’s Rights and Responsibility

• Sovereign rights for exploring & exploiting its natural


resources, living & non-living.
• Mineral & non-mineral resources of seabed & subsoil.
• Living organisms of sedentary species.
• Exclusive rights to authorize and regulate drilling on CS
for all purposes;
• Rights to build artificial islands, installations and
structures on CS;
• Authorize and regulate harvesting of sedentary fish
species;
• Immobile and in constant physical contact with the seabed or
subsoil.
Coastal State’s Authority Over Oil & Gas Exploration and
Exploitation

• Exclusive rights to authorize & regulate drilling for oil


and gas on CS;
• Authorize construction or used of oil platform,
pipelines, any building/structure in connection oil and
gas exploration and exploitation;
• Impose conditions for delineation or laying of pipelines
or cables;
• If foreign cables or pipelines enter its territory/territorial sea or jurisdiction;
• Impose laws for preventing pollution from pipelines.
User State’s Rights and Responsibility

• Freedom of navigation & over-flight.


• Freedom of fishing
• Freedom to lay & maintain submarine cables and
pipelines (subject to the rules and provisions outlined by
coastal State)
• Coastal State shall not impede the laying of submarine cables
or pipelines of other States or impose local legislation.
• Except:
• If it related to its right to exploration and exploitation of its natural
resources or matters
• Delineation course of pipelines;
• Prevention of pollution
Areas Beyond National
Jurisdiction

1. High Sea

2. Deep Seabed
1. High Sea

• Part of the sea excluding EEZ, territorial sea, internal waters, and
archipelagic water;
• No State can claim sovereignty over the high seas;
• But …..exclusive flag State jurisdiction applies.
• Activities in high seas shall be reserved for peaceful purposes only;
• Doctrine of freedom of high seas applies;
• Should be exercised with due regard to the interests of other States and the
rules of international laws.
Doctrine of Freedom of the High Seas
• Freedom of the high seas under the LOSC
comprised:
1. Freedom of navigation;
2. Freedom of over-flight;
3. Freedom to lay submarine cables & pipelines subject
to Part VI, LOSC (in the case of continental shelf);
4. Freedom to construct artificial islands and other
installations permitted under international law and
subject to Part VI, LOSC;
5. Freedom of fishing subject to conditions laid down in
Section 2, LOSC;
6. Freedom of scientific research subject to parts VI and
XIII, LOSC (regulating marine scientific research).
2. Deep Seabed

• Area of seabed, ocean floor, and subsoil beyond


national jurisdiction limit.
• common heritage of mankind,
• Mining area for "polymetallic nodules"
• Clarion-Clipperton Zone (Pacific Ocean), Indian Ocean
• Involving a consortia;
• Governed and regulated by International Seabed Authority (ISA);
• Expensive & required advance technology;
• Questionable long-term business viability.

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