Territorial Sea, Contiguous Zones,

Archipelagic States and Straits

Week 3
No tutorial next week

 Find the details on iLearn.

 Tutorial Question 1

 The Australian Secret Intelligence Service has learned that a shipment of weapons will be passing through Australia’s
waters on its way to an al-Qaeda affiliated terrorist group based in Bali. Assume the vessel is flagged to North Korea.
 a. What steps can Australia take against the vessel under UNCLOS when it is 10 miles from Australia’s baselines?
 b. What steps can Australia take against the vessel under UNCLOS when it is 15 miles from Australia’s baselines?
 c. How does your response to (a) and (b) change, if at all, if the shipment contains migrants seeking to enter Australia unlawfully?
 d.  How does your response to (c) change, if at all, if the vessel is flagged to Indonesia?
 Tutorial Question 2

 Assume this time that the Indonesian Secret Intelligence Service has learned that a shipment of weapons will be
passing through its archipelagic waters on its way to an al-Qaeda affiliated terrorist group based in Bali. What steps
can Indonesia take if the vessel, flagged to North Korea, is traversing a route normally used for international
navigation? 
 Would Indonesia’s rights change if the vessel deviated from that route?
CLUES

 Which Zone – TS or CZ?

 Sovereignty – absolute or conditional?
 Jurisdiction – Legislative, enforcement? Civil, Criminal?
 Innocent passage – What makes passage non-innocent?
 Non-discrimination (Most favoured nation?)
 Obligation under other international treaties – Refugee Law or Human Rights Law
Food for thought: MV Tampa - 2001