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A. Enabling Objectives:

13.1 Discuss the following areas regarding the legal divisions of the oceans and
airspace IAW 1-14M
a. Maritime baselines
b. National waters
c. International waters
d. Continental shelves
e. Safety zones
f. Airspace

13.2 Discuss the following areas regarding the international status of warships
and military aircraft IAW 1-14M:
a. Status of warships
b. Status of military aircraft
c. Navigation in and overflights of national and international waters
d. Rules for navigational safety of vessels and aircraft

13.3 Discuss the following areas regarding the protection of persons and
property at sea IAW 1-14M:
a. Rescue
b. Safe harbor
c. Hot pursuit
d. Protection of private and merchant vessels, private property and
persons

B. Topic Outline:

1. Background

a. Over time, maritime nations became concerned about “creeping jurisdiction”

over territorial seas. Some coastal states were claiming as much as 200 nm
from their coasts as their own territorial seas. The 1982 United Nations
convention on the Law of the Sea (LOS) was a result of 10 years of
negotiations in an effort to resolve confusion and ambiguities.

b. The result of negotiations was a “this for that” or “Quid pro Quo” in legal
terms. Maritime powers conceded sovereignty over archipelagic waters and 12
nm territorial seas while coastal and archipelagic states conceded transit rights
through their waters.

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c. U.S. role in the 1982 LOS Convention.

(a) Reconvened in 1994 to revise deep seabed mining provisions.

(b) Resolved by an agreement adopted without dissent on July 28, 1994.

1982 Convention came into force November 16, 1994. It was submitted to the
Senate by the President in October, 1994. Still awaiting hearings by the Senate for
advice & consent to accession and ratification. The Dept. of Defense considers the
Law of the Sea to be a key part of the maritime strategy.

(c) Navigational provisions confirm existing maritime law and practice and
represent a fair balance of interests of all nations. U.S. policy is designed to
protect the maritime interests of the United States in a manner consistent with
that balance and with international law.

(d) U.S is prepared to accept and act in accordance with the navigational
provisions of the 1982 LOS Convention.

(e) U.S will recognize the rights of other nations in the waters off their coasts as
reflected in the convention.

(f) U.S. will exercise and assert its navigation and overflight rights and freedoms
on a worldwide basis in a manner consistent with the 1982 LOS Convention.

(g) U.S. will not acquiesce in unilateral acts of other nations that restrict the rights
and freedoms of the international community in navigation and overflight.

2. Maritime Baselines. Legal regimes or “classifications” of ocean and airspace

directly affect naval operations by determining the degree of control that a coastal
nation may exercise over the foreign vessels and aircraft operating within these
areas. The territorial sea and all other maritime zones are measured from
baselines. In order to calculate the seaward reach of claimed maritime zones, it’s
important to comprehend how baselines are drawn.

a. Low water lines measured from the coast on that nation’s large-scale chart is
the reference for claim.

b. Where impractical for low water lines to be utilized (i.e. fringing islands or
deep indentations), straight baselines are used; must not depart from the
general direction of the coast.

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c. Bays and gulfs have to meet the semi-circle test: water area must be greater
than a semi-circle whose diameter is the length of a line drawn across the
mouth. Historic bays are not determined by a semi-circle test but rather a
demonstrated open, effective, long-term, and continuous exercise of authority
over the bay, coupled with acquiescence by foreign nations.

3. National Waters. Includes internal waters, territorial seas, and archipelagic waters.
These national waters are subject to the territorial sovereignty of coastal nations,
with certain navigational rights reserved to the international community.

a. Internal Waters. Internal waters are landward of the baseline from which the
territorial sea is measured. They have the same legal character as land itself. No
right of innocent passage and unless in distress, ships and aircraft can’t enter
without permission.

b. Territorial seas.

(1) Part of sovereign territory of coastal state. U.S. claims a 12 nm territorial

sea and recognizes other nation’s claims of 12 nm..

(2) Coastal state exercises full sovereign authority subject to:

1. Right of innocent passage of surface vessels.
2. Right of safe harbor/safe haven for vessels/aircraft in distress.
3. Right of assistance entry for humanitarian rescue.

(3) Coastal state may close temporarily for security reasons except in straits.

c. Islands and low tide elevations. A low tide elevation within a territorial sea
may be used for territorial sea purposes. Islands that remain above water at
high tide have their own territorial seas.

d. Archipelagic waters.

(1) an archipelagic nation that is constituted wholly of one or more groups of

islands
(2) Such nations may draw straight archipelagic baselines joining the
outermost islands provided ratio of water to land is between 1:1 and 9:1;
the waters enclosed with in are called archipelagic waters

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(3) U.S. recognizes right of an archipelagic nation to establish archipelagic

waters provided that nations are accorded navigation and overflight rights
and freedoms under international laws
(4) Archipelagic sea lanes may be designated for continuous and expeditious
passage of ships and aircraft…if not designated, nations may still use
normal routes for navigation and over-flight.

4. International waters. These waters are not subject to the territorial sovereignty of
a nation. All waters seaward of the territorial sea are international waters in which the
high seas freedoms of navigation are preserved to the international community. Includes
Contiguous zones, Exclusive Economic Zones, and High Seas.

a. Contiguous zone.

(1) Adjacent to territorial sea. U.S. claims a contiguous zone 12nm from
baseline used to measure territorial sea. U.S. will recognize contiguous
zones up to 24 miles provided the nation recognizes U.S. rights of
navigation consistent with 1982 LOS convention..

(2) Coastal state may exercise control necessary to prevent and punish
infringement of laws in its territory/territorial waters regarding:

1. Customs
2. Fiscal
3. Immigration
4. Sanitation

(3) High seas freedoms of navigation and overflight apply.

b. Exclusive Economic Zone.

(1) Resource related zone beyond territorial sea up to 200 nm from baseline.

(2) Jurisdiction over resources, artificial islands and structures, marine

scientific research, and protection of environment.

(3) High seas freedoms of navigation and overflight with due regard.

c. High Seas. The high seas include all parts of the ocean seaward of the EEZ.
If a nation has not claimed an EEZ, then it begins seaward of the territorial

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sea. All ships and aircraft enjoy complete freedom of movement and
operations on and over the high seas.

5. Continental shelf.

a. Sovereign rights over resources of the shelf.

b. No effect on superjacent waters or airspace.

c. Extends to outer edge of continental margin or…..

(1) 200 nm from the baseline when the shelf doesn’t go that far
(2) May not go beyond maximum of 350 nm or 100 nm beyond 2500
meter isobath, whichever is greater.

6. Safety Zones. Coastal nations may establish to protect artificial islands,

installations, and structures in their internal or archipelagic waters, territorial seas, and
exclusive economic zones, and on the continental shelf. May not extend beyond 500
meters from the outer edge of the facility in question.

7. Air Space. International law states that air space is either national airspace
(over
land, internal waters, archipelagic waters and territorial seas of a nation) or international
airspace (over contiguous zones, exclusive economic zones, the high seas). With some
exceptions regarding a right of overflight in international straits and archipelagic sea
lanes, each nation has complete and exclusive sovereignty over its national airspace.
Aircraft of all nations are free to operate in international airspace without interference of
other nations.

8. Status of Warships.

1. Belong to an armed force

2. External military markings
3. Under command of an Officer
4. Duly commissioned
5. On service list
6. Crew under military discipline

9. Status of Military aircraft .

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1. Operated by commissioned units of an armed force

2. External military markings
3. Commanded by military member
4. Crew under military discipline

10. International status of warships and military aircraft

1. Immune from
a. Arrest
b. Search
c. Inspection
d. Non-consensual boarding

2. Sunken warships and military aircraft

a. Title remains in flag nation until formally relinquished or
abandoned

11. Navigation in and overflights of National and International waters.

a. Innocent Passage.
1. Continuous and expeditious traversing of territorial sea or internal
waters
2. Surface only , no overflight
3. Suspendable passage
4. Non-prejudicial to good order, peace and security
5. Activities considered prejudicial :

(1) Threat/use of force against coastal state

(2) Exercise/practice with weapons

(3) Collection of information prejudicial to coastal state

(4) Launching/landing/taking onboard of any aircraft or military

device

(5) Willful and serious pollution

(6) Research or survey activities

(7) Interfering with coastal state communications

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(8) Any activity not directly bearing on passage

b. Transit passage
1. Unimpeded passage through straits used for international navigation
2. Surface, Air, Subsurface
3. Continuous and expeditious
4. Normal mode

c. Archipelagic sea lanes passage

1. Unobstructed passage
2. Surface, air, subsurface
3. Continuous and expeditious
4. Normal mode

DEFINITIONS (d. through h.)

d. Internal waters
1. Maximum breadth - within baselines
2. Navigational regime - coastal nation consent

e. Territorial sea
1. Maximum breadth -12 nm
2. Navigational regime - innocent passage

f. Archipelagic waters
1. Maximum breadth - within baselines
2. navigational regime - innocent passage

g. International straits
1. Maximum breadth - 24 nm
2. Navigational regime - transit passage

h. Archipelagic sea lanes

1. Maximum breadth - 50 nm
2. Navigational regime - archipelagic sea lanes transit

i. Air Navigation.

(a) Flight Information Regions

1. Flight Information Region (FIR) is airspace within which flight
info/alerts provided

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2. Established by International Civil Aviation Organization

(ICAO) for the safety of Civil Aviation

(b) Air Defense Identification Zone (ADIZ)

1. Unilaterally established as a condition of entry approval
2. National security, not for aircraft not intending to enter national
airspace
3. Not mandatory

12. Safety of navigation.

a. International Rules of the road

1. Convention on International Regulations for preventing collisions at
sea, 1972(72 COLREGS)
2. 91 nations are parties
3. Applies beyond territorial sea
4. Art 1120, U.S. Navy Regulations “diligently observe”

b. U.S. Inland rules

1. 33 U.S. code 2001-2073
2. Within U.S. territorial sea and landward of demarcation line

13. Rescue and Safe Harbor.

a. Assistance at sea.
1. Perils of the sea and force majeure
2. 1982 LOS Convention
3. Duty to render assistance
4. After collision, render assistance
5. Duty of U.S. Navy Commanders (article 0925, U.S. Naval regulations)

b. Safe harbor
1. Obligation to provide
2. Distress has to be real, not contrived

14. Right of assistance entry.

a. Bona fide effort to aid

b. Location reasonably well known

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c. Entry to search not authorized

d. Coastal state consent not required

15. Hot pursuit.

a. May be undertaken as a law enforcement action when that nations laws and
regulations have been violated.

b. Must commence in pursuing nations internal waters.

c. The right of hot pursuit ceases when pursued ship enters its own territorial
seas or that of a third nation.

d. Only exercised by clearly marked vessels.

16. Quarantine

1. Cooperate to maximum degree possible short of allowing boarding of

ship.

2. Article 0763, U.S. Navy Regulations, 1973

17. Protection of Property at sea.

a. U.S. waters and airspace

1. U.S. primary responsibility to protect
2. Flag state retains right of self-defense

b. International waters and airspace.

1. Flag state primary responsibility to protect
2. U.S. may protect upon request
3. Must not interfere in proper law-enforcement acts of coastal nation

c. Foreign waters and airspace

1. Coastal nation primary responsibility to protect
2. Flag state retains right of self defense
3. U.S. may protect upon request of coastal nation or flag state
4. Must not interfere in proper law-enforcement acts of coastal nation

18. Protection of U.S. flag vessels, aircraft, citizens and property at sea

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a. International waters and airspace

1. U.S. vessel or aircraft
a) U.S. responsibility to protect
b) Inherent right of self-defense

2. U.S. citizens or property in foreign ship or aircraft

a) flag state has primary responsibility to protect
b) U.S. retains right of self-defense of U.S. citizens
c) Must not interfere in proper law enforcement of other nations

b. Foreign water and airspace

1. U.S. flag vessel/aircraft

a) Coastal state responsibility to protect
b) U.S. retains right of self-defense

2. U.S. citizens or property in foreign vessel or aircraft

a) Coastal state responsibility to protect
b) Flag state right of self-defense
c) U.S. retains right of self defense of U.S. citizens
d) But not interfere in proper law- enforcement acts of coastal
nation

Review

a. What are maritime baselines based on?

b. Territorial seas are recognized up to how many miles from a coastal states
baseline?

c. What shouldn’t be done when exercising innocent passage?

d. Is a country’s permission required to enter their territorial seas to offer

rescue assistance?

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