MARITIME ADMINISTRATIONHogere Zeevaartschool AntwerpenOnderwijseenheid 2Exploitatie en scheepstechniekcursuscode: OE2-GN320studiejaar: 3e Bach SW/MNdatum: januari 2012M. Uten*

Introduction6 lessons of 2 hoursCourse materialPower points (on Blackboard)Rule Finder Lloyds (in the librabry)Relevant IMO codes and conventionsImo websiteExamination: april/march

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ContentsGeneral IntroductionRegistration of a shipLoad Lines and Tonnage CertificateSOLAS certificatesMarpol Certificates/liabilitySTCWClass Societies and Surveys

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Introduction

Regulatory MattersDefinition of a shipUNCLOSSale and PurchaseRegistration

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What does this ship need to be allowed to sail?*

Paper WorkShips CertificatesCrew certificatesShips equipment certificatesManualsPland and documentsPublicationsWithout all these the ship is not allowed on international voyages!!*

The International CertificatesAll ships are required to carry certificates that establish their seaworthiness, type of ship, competency of seafarers and so on. These certificates are provided by the flag State of the ship and may be inspected by port State control officers.

Certificates to be carried on board ships are listed in FAL.2/Circ.123;MEPC.1/Circ.769 MSC.1/Circ.1409.

The Certificates and documents required under IMO instruments

All certificates to be carried on board must be originals !!

subdivision of the certificatesCertificates on board of ALL SHIPS independent of the ships typeCertificates in function of the type of ship

Certificates and documents issued by a certifying authority which could confirm that they have been issued to a ship. Documents and manuals that are necessary for the operation of the ship. Some of these are issued by authorities and the authority could confirm their issue. However, they must be kept on board.Documents recording various aspects of ship operation. These must be kept on board.

List of documentsAll ShipsAdd for passenger shipsAdd for cargo shipsAdd Ships carrying Noxious Liquid Chemical substances in bulkAdd Any chemical tankerAdd Gas carrierAdd High speed craftAdd Dangerous goodsAdd Dangerous goods in packed formAdd INF cargoAdd Nuclear shipsOther certificates which are not mandatory

IMO instruments coveredSolas ConventionTonnage Convention Load Line ConventionSTCW ConventionMarpol ConventionCLC ConventionSTP agreement (special trade passenger ships)SSTP protocol (protocol on space requirements for special trade passenger ships)BCHIBCGCIGCISPSResolution A. 534 (13)Resolution A. 673 (16) Resolution A. 536 (13)Resolution A. 373 (10)Resolution A. 414 (11)Resolution A. 468 (12)

Codes

List of certificatesIMO list of certificates can be found on the IMO websiteAll shipsSpecial type of ShipsOther example produced by a classification Society (GL)Subdivided by the convention that is applicable

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Who makes the rules?On an international LevelUNITED NATIONS with the IMO (International Maritime Organisation)On European LevelEMSA (European Maritime Safety Agency)On National LevelPort State (port state control based on international/regional agreements)Flag State

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*International levelEuropean levelNational levelUnited nationsIMOUNCLOSRelevant codes and conventionsEuropean comission EMSAFlag statePort stateNational legislationMOUIACSRules and RegulationsCoastal state

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UN - UNCLOSSee maritime zone of jurisdiction*

UNCLOS-IMOUNLCOS is an umbrella conventionWith provisions of a general kindimplemented through specific operative regulations in other international agreements

UNCOS requires states to take account of, conform to, give effect to or implement the relevant international rules and standards developed by or through the competent international organization (i.e. IMO). (GAIRAS)

The latter are variously referred to as applicable international rules and standards, internationally agreed rules, standards, and recommended practices and procedures,(being SOLAS, Marpol, STCW,)*

UNCLOSUNCLOS = Jurisdictional Framework for the implementation of safety rules and standardsIMO has a global mandate to adopt international rules in this regardReferring to the competent organisation = IMOBUT!!Enforcement of IMO regulations relies on the exercise of Flag State JurisdictionBUT: evolution to the progressive strenghtening of the Port state jurisdiction

Wat Does IMO Do?IMO adopts international shipping standards and regulations BUT: It is the responsibility of Governments to implement them. Implementation of IMO standards is crucial to achieving IMOs objectives.The flag State of the ship has the ultimate responsibility for ensuring the ship meets applicable standards and for issuing certificates confirming the ship is seaworthy and the crew properly trained.Port State control exists to catch the ships that slip through the flag State net of inspections and surveys.*

*SOLAS

*SOLAS

*IMO devellops international regulations/conventionsFlag states incorporate these rules into national legislationFlag states effectively implement these regulation on board their shipsPort State carries out inspections on ships entering their portsCarry out inspections and surveys on board their shipDelegates certain inspections/surveys to a RO (Class)Issue of certificatesClass or StatutoryIn line with UNCLOS

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EMSAThe idea of a European Maritime Safety Agency (EMSA) originated in the late 1990s, along with a number of other important European maritime safety initiatives. EMSA was set up as the regulatory agency that would provide a major source of support to the Commission and the Member States in the field of maritime safety and prevention of pollution from ships. The Agency was established by Regulation (EC) 1406/2002*

EMSA mission statementThe European Maritime Safety Agency was established for the purpose of ensuring a high, uniform and effective level of maritime safety, maritime security as well as prevention of and response to pollution by ships within the EU.*

EMSA TASKS: 4 areasmonitoring the implementation of EU legislation relating to ship survey and certificationcertification of marine equipment (MED)ship securitythe training of seafarersPort State Control.develops and operates maritime information capabilities at EU level. SafeSeaNet vessel tracking system, to enable the EU-wide tracking of vessels and their cargoes, and incidents onboard; the EU LRIT Data Centre, to ensure the identification and tracking of EU flagged ships worldwide; and THETIS, the information system to support the new port State control regime.*

Emsa Tasks: 4 areas3. a marine pollution preparedness, detection and response capability, which includes a European Network of Stand-by Oil Spill Response Vesselsa European satellite oil spill monitoring and vessel detection service (CleanSeaNet), 4. provides technical and scientific advice to the Commission in the field of maritime safety and prevention of pollution by ships in the updating and development of new legislation. *

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National LevelFlag State and Port State AuthoritiesBMI: Belgian Maritime InspectoratePort State Control*

Merchant ShipShip is territory or not?Ships flying a flag are a part of the territory of the flag stateThe laws of the flag state are valid when in international watersIn territorial waters?Unclos United Nations Convention on the law of the sea (criminal jurisdiction, civil jurisdiction, innocent passage)*

Merchant ShipUNCLOS PART 2: TERRITORIAL SEA AND CONTIGUOUS ZONESUBSECTION B. RULES APPLICABLE TO MERCHANT SHIPS AND GOVERNMENT SHIPS OPERATED FOR COMMERCIAL PURPOSESArticle27 Criminal jurisdiction on board a foreign ship1. The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its passage, save only in the following cases:(a) if the consequences of the crime extend to the coastal State;(b) if the crime is of a kind to disturb the peace of the country or the good order of the territorial sea;(c) if the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or consular officer of the flag State; or(d) if such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances.

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International Maritime Law: Zones of jurisdiction3 important periods

Mare Liberum (H. Grotius 17th century)Qualified freedom of the sea (Unclos I)Legalized use of the sea (Unclos III entered into force 1994)

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Mare Liberum17th centuryThe sea cannot be occupied and no monarch or state can have exclusive legal rightsOne believed that the natural resources were inexhaustible *

UNCLOS I

International Law Comission (ILC) prepared a text for the codification of the Law of the SeaIn 1956, the UN first Conference on the Law of the Sea (UNCLOS I) at Geneva, Switzerland. Resulted in four treaties concluded in 1958:Convention on the Territorial Sea and Contiguous Zone, entry into force: 10 September 1964 Convention on the Continental Shelf, entry into force: 10 June 1964Convention on the High Seas, entry into force: 30 September 1962 Convention on Fishing and Conservation of Living Resources of the High Seas, entry into force: 20 March 1966 No decision on important issue of breadth of territorial waters.*

UNCLOS II1960Fiasco, flop, bummerAlso no agreement on the breadth of the territorial seaunilateral actions of the coastal states*

UNCLOS IIIUnited Nations Convention on the Law Of the Seas Montego BayWhy ?Technological reasonsNew ship types, bigger ships, new fishing techniques, offshore industryPolitical reasonsDecolonisation (more states participate to the conference) (86-137 parties)Economical reasonsImportance of the natural resources (oil, gas fish, mineral wealth)*

UNCLOS III1967: Issue of varying claims of territorial waters (Some countries claimed 3nm, while others claimed a lot more) plus the issue of the seabed and its resources1973: Decision to write a new treaty covering the oceans (New York 3th U.N. conference on the law of the sea)1982: UNCLOS III opened for signature (Montego Bay)1994: Convention entered into force *

UNCLOS IIIMost comprehensive and important multilateral agreement so far agreed in the framework of the UN.

Comprises 17 parts, 320 articles and 9 annexes

The convention introduced a number of provisions.The most significant issues covered were;Demarcation of maritime zones of jurisdictionProtection and preservation of the marine environmentScientific ResearchDevelopment and transfer of marine technologySettlement of disputes

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Demarcation of maritime zones*

UNCLOSUnclos is ratified by 166 parties (Belgium signed in 1984 and ratified the convention on 13/11/1998)Entry into force 16 nov 1994

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UNCLOS IIIAlso contains provisions on the establishment of three new institutions: International Sea Bed Authority, JamaicaCommission on the limits of the Continental shelf, New YorkInternational Tribunal on the Law of the Sea, Hamburg (ITLOS)The International Tribunal for the Law of the Sea is an independent judicial body established by the Convention to adjudicate disputes arising out of the interpretation and application of the Convention. The Tribunal is composed of 21 independent members, elected from among persons enjoying the highest reputation for fairness and integrity and of recognized competence in the field of the law of the sea.

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Arctic SunriseIcebreaker, flag netherlands, greenpeaceThe Arctic Sunrise was being used by Greenpeace International to stage a protest directed against the offshore ice-resistant fixed platform Prirazlomnaya in the Barents Sea. (gazprom) (within the EEZ)19/09/2013 - Boarded by coastgaurd officialsCrew and vessel detained in Murmansk The Netherlands claim that the arrest and detention of the Arctic Sunrise and its crew took place in violation of the provisions of the Convention. ITLOS*

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UNCLOS IIIThe entry into force of the Convention, together with extended jurisdiction, new fields of activity and increased uses of the oceans, will continue to confront all States with important challenges.

These challenges will includehow to apply the new provisions in accordance with the letter and spirit of the Conventionhow to harmonize national legislation with it and how to fulfill the obligations incumbent upon States under the Convention.

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UNCLOS at 301982 2012http://www.un.org/Depts/los/index.htmvideo*

Maritime zones of jurisdictionNational watersInland watersTerritorial SeaArchipelagic watersInternational waters (functional zones)Contiguous ZoneEEZHigh Sea*

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Maritime zones of jurisdictionTERRITORIAL SEACONTIGUOUS ZONEHIGH SEASEEZINTERNAL WATERSBASELINE12 NM24 NM200 NM*

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Internal WatersArticle 8 Internal waterswaters on the landward side of the baseline of the territorial sea form part of the internal waters of the State

Part of the territory of the coastal stateUnder the jurisdiction of the coastal state (unlimited sovereignity of the coastal state) (territorial sovereignity)*

BaselineEssential to the delimitation of the maritime zones of jurisdiction2 possibilitiesArticle5 Normal baselineExcept where otherwise provided in this Convention, the normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State.Exceptional baselineReefs (Art. 6)Straight baselines (Art. 7)Mouths of rivers (Art. 9)Bays (Art. 10)Archipelagic States (Art. 46-54)

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Low-water line as depicted on an Admiralty chart*Land above MHWSLand that dries

Low water line(LAT)

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BASELINEBASELINEINDENTED COASTLINEFRINGING ISLANDSSTRAIGHT BASELINES*

SEMI-CIRCLE TESTBASELINE< or = 24NM ACROSS AREA BAY > AREA SEMI-CIRCLELEGAL BAYSNO BAYNO BAYBAY*

MEDITERRANEAN SEALIBYATRIPOLIBENGHAZI100NM32 DEG 30 MINGULF OF SIDRAHISTORIC BAYS*

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Maritime zones of jurisdictionTERRITORIAL SEACONTIGUOUS ZONEHIGH SEASEEZINTERNAL WATERSBASELINE12 NM24 NM200 NM*

Territorial Sea: historyIn ancient history the idea that a state has jurisdiction over certain parts of the sea was established to allow state to Fight piracyAnd criminal acts commited at seaMare adjacens: the state was the master over the area of the sea in direct connection with its territoryOver the centuries this evolved into the concept of territorial sea

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Territorial sea: historyBreadth of the Territorial SeaBynkershoek: basic idea is that a state can only enforce jurisdiction over an area it can physically controlThe reach of a canon ball (varying from 1 to 4 miles)The sighting of a coast from the mast of a shipThis resulted in the three miles rule that sets the limit at three milesBut this evolved into the the 12 miles that has been established internationally by UNCLOS (1982)

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Territorial SeaArticle 2 Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil1. The sovereignty of a coastal State extends, beyond its land territory and internal waters and to an adjacent belt of sea, described as the territorial sea.2. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil.3. The sovereignty over the territorial sea is exercised subject to this Convention and to other rules of international law.

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Limits of the Territorial SeaArticle3 (part 2) Breadth of the territorial seaEvery State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12nautical miles, measured from baselines determined in accordance with this Convention.Contains not only the sea in se, but alsothe seabedsubsoil the airspace above itDelimitation between 2 neighbouring countries By agreementAxis of symmetry at equal distance of the respective baselinesDeviations on historical grounds*

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Territorial Sea*

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Sovereignity in the territorial seaWhat does this mean?The rights of the coastal state over the territorial sea do not differ in nature from its rights of sovereignity which the state exercises over the other parts of its territory

Fishery, safety, defense, custom, fiscal, navigation, civil and criminal jurisdiction, sovereign rights for the exploitation of the soil and subsoil,

BUT: innocent passage!!

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Right of innocent passageArticle17 Right of innocent passageships of all States enjoy the right of innocent passage through the territorial sea

Article18 Meaning of passage1. Passage means navigation through the territorial sea for the purpose of:(a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or(b) proceeding to or from internal waters or a call at such roadstead or port facility.2. Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by forcemajeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.

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Innocent passageArticle19 Meaning of innocent passagePassage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State

Negative examples: military activities, any act of wilful and serious pollution, any fishing activities, and the carrying out of research or survey activities.

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Duties/Rights of the coastal stateArticle24 Duties of the coastal StateThe coastal State shall give appropriate publicity to any danger to navigation, of which it has knowledge, within its territorial seaArticle25 Rights of protection of the coastal State1. The coastal State may take the necessary steps in its territorial sea to prevent passage which is not innocent.2. In the case of ships proceeding to internal waters or a call at a port facility outside internal waters, the coastal State also has the right to take the necessary steps to prevent any breach of the conditions to which admission of those ships to internal waters or such a call is subject.3. The coastal State may suspend temporarily in specified areas of its territorial sea the innocent passage of foreign ships

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Merchant ShipShip is territory or not?Ships flying a flag are a part of the territory of the flag stateThe laws of the flag state are valid when in international watersIn territorial waters?Unclos United Nations Convention on the law of the sea (criminal jurisdiction, civil jurisdiction, innocent passage)*

Merchant ShipUNCLOS PART 2: TERRITORIAL SEA AND CONTIGUOUS ZONESUBSECTION B. RULES APPLICABLE TO MERCHANT SHIPS AND GOVERNMENT SHIPS OPERATED FOR COMMERCIAL PURPOSESArticle27 Criminal jurisdiction on board a foreign ship1. The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its passage, save only in the following cases:(a) if the consequences of the crime extend to the coastal State;(b) if the crime is of a kind to disturb the peace of the country or the good order of the territorial sea;(c) if the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or consular officer of the flag State; or(d) if such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances.

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Maritime zones of jurisdictionTERRITORIAL SEACONTIGUOUS ZONEHIGH SEASEEZINTERNAL WATERSBASELINE12 NM24 NM200 NM*

Contiguous Zone Article33 Contiguous zone1. In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the control necessary to:(a) prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea;(b) punish infringement of the above laws and regulations committed within its territory or territorial sea.2. The contiguous zone may not extend beyond 24nautical miles from the baselines from which the breadth of the territorial sea is measured.

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Contiguous ZoneThe contiguous zone extends an additional 12 nautical miles beyond the 12 nautical mile territorial sea (totalling 24 miles from shore).

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Straits used for International navigation: Longstanding International ConventionsStrait of Gibraltar (Morocco/Spain)Oresund (Denmark/Sweden)Bosporus (Turkey)

Right of transit passage (to pass from one part of the high seas or EEZ to another)Freedom of navigation and over flight solely for the purpose of continuous and expeditious transit of the straitResearch or survey activities only with the prior authorization of the states bordering straitsRight of innocent passage (in other straits)*

Archipelic StatesPhilippinesIndonesiaMauritiusFijiBahamas*

Maritime zones of jurisdictionTERRITORIAL SEACONTIGUOUS ZONEHIGH SEASEEZINTERNAL WATERSBASELINE12 NM24 NM200 NM*

Exclusive Economic ZoneArticle 55 Specific legal regime of the exclusive economic zoneThe exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Convention

Article 57 Breadth of the exclusive economic zoneThe exclusive economic zone shall not extend beyond 200nautical miles from the baselines from which the breadth of the territorial sea is measured

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Exclusive Economic ZoneArticle 56 Rights, jurisdiction and duties of the coastal State in the exclusive economic zone1. In the exclusive economic zone, the coastal State has:(a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources of the waters superjacent to the seabed AND of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds;(b) jurisdiction as provided for in the relevant provisions of this Convention with regard to:(i) the establishment and use of artificial islands, installations and structures;(ii) marine scientific research;(iii) the protection and preservation of the marine environment;Freedom of navigation is the same as on the high seas!*

Exclusive Economic ZoneAbout 90 per cent of living marine resources are caught with 200 miles off the coast.The EEZ is optional and its existence depends upon an actual claim.More than 100 coastal States (out of ~140) claimed an exclusive economic zone.*

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EEZArticle73 Enforcement of laws and regulations of the coastal State1. The coastal State may, in the exercise of its sovereign rights to explore, exploit, conserve and manage the living resources in the exclusive economic zone, take such measures, including boarding, inspection, arrest and judicial proceedings, as may be necessary to ensure compliance with the laws and regulations adopted by it in conformity with this Convention.

2. Arrested vessels and their crews shall be promptly released upon the posting of reasonable bond or other security.

3. Coastal State penalties for violations of fisheries laws and regulations in the exclusive economic zone may not include imprisonment, in the absence of agreements to the contrary by the States concerned, or any other form of corporal punishment.

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Maritime zones of jurisdictionTERRITORIAL SEACONTIGUOUS ZONEHIGH SEASEEZINTERNAL WATERSBASELINE12 NM24 NM200 NM*

Continental ShelfThe continental shelf is a part of the continental marginContinental shelfContinental slopeContinental riseZone wich links the geographical caracteristics and maritime law issuesGeological termContinental margin*

RL9909003/613.12.99MHeKrystallinsk kontinental skorpeOceanic crustMid - oceanicridgeContinental ShelfContinentalslopeMeltedmantleEarth's mantleFoot of slopeDeep ocean floorContinental marginSketch of geological principlesCrystalline continental crustSediments6-15 Km30 - 50 KmContinentalrise*

unclosBut in unclos the term continental shelf is used as a juridical termJuridical continental shelfArticle77 Rights of the coastal State over the continental shelfThe coastal State exercises over the continental shelf sovereign rights for the purpose of exploring it and exploiting its natural resources

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Definition of Continental ShelfArticle76 Definition of the continental shelf1. The continental shelf of a coastal State comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance.

Continental margin < 200nm: to 200nmContinental margin > 200nm: To the outer edge of the continental marginThe seas above the continental shelf remain High seas or EEZ!!*

ShelfSlopeFoot of slopeRiseDeep ocean floorSea SurfaceCoastal StateContinental marginLand mass200 nmExclusive Economic ZoneContinental margin < 200nm*

Continental margin > 200nmIn the absence of evidence to the contrary, the foot of the continental slope shall be determined as the point of maximum change in gradient at its base.(i) a line delineated by reference to the outermost fixed points at each of which the thickness of sedimentary rocks is at least 1percent of the shortest distance from such point to the foot of the continental slope; or(ii) a line delineated by reference to fixed points not more than 60nautical miles from the foot of the continental slope.

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1002003004000BaselineSedimentsNautical mile( M ) Oceanic crustCrystalline continental crustFoot of slope60M1 % of distanceto foot of slopeMaximum limits of the continental shelfMaximum 1Maximum 22500 misobath100M350*

Continental margin > 200nmUnclos Sets the maximum extent of the continental shelf to be either:350 nautical miles from the baselines or:100 nautical miles from the 2,500 meters depth contour

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High Sea - DefinitionArticle86 = Negative definitionall parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State*

Freedom of High SeasArticle87 Freedom of the high seas1. The high seas are open to all States. This comprises, interalia, both for coastal and land-locked States:(a) freedom of navigation;(b) freedom of overflight;(c) freedom to lay submarine cables and pipelines, subject to(d) freedom to construct artificial islands and other installations permitted under international law(e) freedom of fishing(f) freedom of scientific research

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High SeasThe high seas shall be reserved for peaceful purposes.No State may validly purport to subject any part of the high seas to its sovereignty.Every State, whether coastal or land-locked, has the right to sail ships flying its flag on the high seas.

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ConclusionA coastal nation has total control over its internal waters, slightly less control over territorial waters, ostensibly even less control over waters within the contiguous zone, and supposedly no control whatsoever over an ocean beyond them (although it also has some rights concerning resources within its exclusive economic zone)

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The Area (sea-bed)Unclaimed sea-bed;Developed for the benefit of mankind;Administered by the International Seabed Authority who organises and controls all activities in the areawww.isa.org.jm

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The Area (sea-bed)Article136 of UNCLOS : Common heritage of mankindThe Area and its resources are the common heritage of mankindArticle137 of UNLCOS Legal status of the Area and its resources1. No State shall claim or exercise sovereignty or sovereign rights over any part of the Area or its resources, nor shall any State or natural or juridical person appropriate any part thereof2. All rights in the resources of the Area are vested in mankind as a whole, on whose behalf the Authority shall act

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***Monitor: veiller sur*Schip is terroir*SUBSECTION B. RULES APPLICABLE TOMERCHANT SHIPS AND GOVERNMENT SHIPS OPERATED FOR COMMERCIAL PURPOSESArticle27Criminal jurisdiction on board a foreign ship1. The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its passage, save only in the following cases:(a) if the consequences of the crime extend to the coastal State;(b) if the crime is of a kind to disturb the peace of the country or the good order of the territorial sea;(c) if the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or consular officer of the flag State; or(d) if such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances.

*Qualified freedom of the sea: states can use the sea as long as they keep in mind the interests of other states. But to generalLed to the legalises use of the seasFreedom over Int'l water was a dream of Dutch legal scholar, in is work Mare Liberum. He argued, "the sea is called indifferently the property of no one (res nullius), or a common possession (res communis), or public property (res publica)." Grotius contended that the sea could not be owned, and that no country could deny another country's ships innocent passage right up to the shoreline

*Law of the sea= between statesMaritime law = between private persons*A. PARDO: vn ambassador of malta suggests to consider the seabed and its ressources as common heritage of mankindGeneral Assembly of the UN founds the international seabed authority to consider the matter of the international seabedBut the matters of the seabed can not be discussed without addressing others matters on the law of the sea. Therefore the General Assembly decides to organise the 3rd conference on the law of the sea in 1973.1973: the international seabed authority prepared the text for the ConferenceSettlement reglement des disputes*Tribunal instance judiciaire***The two most important markers on this diagram are the baseline and the territorial sea lines.-The baseline is on prime importance because all other zones are measured from it. It also delineates the start of internal waters, into which permission of the coastal state is required prior to entry.-The territorial sea line is important because it defines the limits of sovereign territory, both on the sea and in the air. Seaward of the territorial sea line, the coastal state enjoys only protective rights as will be explained when discussing the Contiguous Zone and EEZ.Rechte basislijn: mogen niet aanmerkelijk afwijken van de richting van de kust (p22, somers)***Straight baselines may be used in cases where the coastline is deeply indented or when there are closely held , fringing islands.*The first claim for straight baselines came in 1951 in the Anglo-Norwegian Fisheries case. Since 1911, British fishing vessels were seized by the Norwegians for allegedly being in their territorial seas (as specified by straight baseline). The British maintained that the fishing vessels were outside the 4nm territorial sea claim of Norway as measured in the traditional sense from the low water mark. The International Court of Justice found in favor of the Norwegians. Subsequently, this provision was included in the 1958 Geneva Conference on the Law of the Sea.*General rules for the use of straight baselines include:-Baseline must follow the general direction of the coastline-The water area must be closely linked to the land area-The drawing of the baseline may not cut-off the high seas from the territorial waters of another coastal state.-The U.S. maintains that the maximum length of the baseline may not exceed 24nm.*Straight baselines apply to the exceptional circumstance**A juridical bay is determined by:-A well marked indentation of the coast; more than a mere curvature whose features contain land-locked water.-The water area of the bay must be greater than that of a semicircle whose diameter is the length of line drawn across its mouth.-The diameter cannot be greater than 24nm. Where islands are present in the mouth of the bay, the diameter (baseline) is the sum of the distances. In cases where the mouth is greater than 24nm, the baseline may be moved into the bay so as to enclose the maximum amount of water.-Bays which fail this test are then subject to the traditional baseline determination; at the low water mark, following the curvature of the coast.-The US Supreme court has determined that Long Island and Block Island Sounds constitute juridical bays. (1985) **Historic Bays are bays recognized by the international community; the semicircle test is not applied in these cases.*To meet the international standard, a nation must:-Demonstrate its long term, open, effective and continuous authority over the bay, coupled with acquiescence by foreign nations in the exercise of that authority.-The US position is that an actual showing of acquiescence of authority is required, as opposed to a mere absence of opposition.* One of the more famous claims for a historic bay is the Gulf of Sidra, with a closure line of about 300 nm. This claim was first advanced in 1973, has not been accepted by the international community and has been the subject of frequent challenges. Only Syria, Sudan and Romania have publicly recognized the claim.*Other disputed claims include:-Hudson Bay, claimed by Canada since 1926, with a 50 nm closure line.-Peter the Great Bay, claimed by Russia (Soviet Union) in 1957, was protested by the US, Great Britain, France and Canada. The bay has a 102 nm closure line.*US claims to historic bays include:-Chesapeake and Delaware Bays and Mississippi Sound which are normally accepted as historic bays by the international community. **The two most important markers on this diagram are the baseline and the territorial sea lines.-The baseline is on prime importance because all other zones are measured from it. It also delineates the start of internal waters, into which permission of the coastal state is required prior to entry.-The territorial sea line is important because it defines the limits of sovereign territory, both on the sea and in the air. Seaward of the territorial sea line, the coastal state enjoys only protective rights as will be explained when discussing the Contiguous Zone and EEZ.Soeverneiniteit: geeft de bevoegdheid om binnen bepaalde door het volkenrecht getrokken grenzen zelfstandig en volkomen onafhankelijk van andere staten regeermacht uit te oefenen.

Gouverner, regir*Article15Delimitation of the territorial sea between Stateswith opposite or adjacent coastsWhere the coasts of two States are opposite or adjacent to each other, neither of the two States is entitled, failing agreement between them to the contrary, to extend its territorial sea beyond the median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial seas of each of the two States is measured. The above provision does not apply, however, where it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of the two States in a way which is at variance therewith

*Influencer la paix, *Bv het schip laten opwachten door oorlogsschepen, laten devieren, Schepen die naar een haven willen moet de eisen inzake bemanning en veiligheis ed respecteren, doen zij dit niet kan ook hun doorvaart als niet onschuldig worden beschouwd.Wetten die door de kuststaat zijn opgesteld moeten wel conform het verdrag zijn en andere volkenrechtelijke regels*Schip is terroir*SUBSECTION B. RULES APPLICABLE TOMERCHANT SHIPS AND GOVERNMENT SHIPS OPERATED FOR COMMERCIAL PURPOSESArticle27Criminal jurisdiction on board a foreign ship1. The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its passage, save only in the following cases:(a) if the consequences of the crime extend to the coastal State;(b) if the crime is of a kind to disturb the peace of the country or the good order of the territorial sea;(c) if the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or consular officer of the flag State; or(d) if such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances.

***The two most important markers on this diagram are the baseline and the territorial sea lines.-The baseline is on prime importance because all other zones are measured from it. It also delineates the start of internal waters, into which permission of the coastal state is required prior to entry.-The territorial sea line is important because it defines the limits of sovereign territory, both on the sea and in the air. Seaward of the territorial sea line, the coastal state enjoys only protective rights as will be explained when discussing the Contiguous Zone and EEZ.Article38Right of transit passage1. In straits referred to in article37, all ships and aircraft enjoy the right of transit passage, which shall not be impeded; except that, if the strait is formed by an island of a State bordering the strait and its mainland, transit passage shall not apply if there exists seaward of the island a route through the high seas or through an exclusive economic zone of similar convenience with respect to navigational and hydrographical characteristics.2. Transit passage means the exercise in accordance with this Part of the freedom of navigation and overflight solely for the purpose of continuous and expeditious transit of the strait between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone. However, the requirement of continuous and expeditious transit does not preclude passage through the strait for the purpose of entering, leaving or returning from a State bordering the strait, subject to the conditions of entry to that State.3. Any activity which is not an exercise of the right of transit passage through a strait remains subject to the other applicable provisions of this Convention.Article40Research and survey activitiesDuring transit passage, foreign ships, including marine scientific research and hydrographic survey ships, may not carry out any research or survey activities without the prior authorization of the States bordering straits.

***The two most important markers on this diagram are the baseline and the territorial sea lines.-The baseline is on prime importance because all other zones are measured from it. It also delineates the start of internal waters, into which permission of the coastal state is required prior to entry.-The territorial sea line is important because it defines the limits of sovereign territory, both on the sea and in the air. Seaward of the territorial sea line, the coastal state enjoys only protective rights as will be explained when discussing the Contiguous Zone and EEZ.Article74Delimitation of the exclusive economic zonebetween States with opposite or adjacent coasts1. The delimitation of the exclusive economic zone between States with opposite or adjacent coasts shall be effected by agreement on the basis of international law, as referred to in Article38 of the Statute of the International Court of Justice, in order to achieve an equitable solution.

*Article56Rights, jurisdiction and duties of the coastal State in the exclusive economic zone1. In the exclusive economic zone, the coastal State has:(a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds;(b) jurisdiction as provided for in the relevant provisions of this Convention with regard to:(i) the establishment and use of artificial islands, installations and structures;(ii) marine scientific research;(iii) the protection and preservation of the marine environment;(c) other rights and duties provided for in this Convention.2. In exercising its rights and performing its duties under this Convention in the exclusive economic zone, the coastal State shall have due regard to the rights and duties of other States and shall act in a manner compatible with the provisions of this Convention.3. The rights set out in this article with respect to the seabed and subsoil shall be exercised in accordance with PartVI

*Bond: garantie de paiement***The two most important markers on this diagram are the baseline and the territorial sea lines.-The baseline is on prime importance because all other zones are measured from it. It also delineates the start of internal waters, into which permission of the coastal state is required prior to entry.-The territorial sea line is important because it defines the limits of sovereign territory, both on the sea and in the air. Seaward of the territorial sea line, the coastal state enjoys only protective rights as will be explained when discussing the Contiguous Zone and EEZ.Article76Definition of the continental shelf1. The continental shelf of a coastal State comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance.2. The continental shelf of a coastal State shall not extend beyond the limits provided for in paragraphs4 to6.3. The continental margin comprises the submerged prolongation of the land mass of the coastal State, and consists of the seabed and subsoil of the shelf, the slope and the rise. It does not include the deep ocean floor with its oceanic ridges or the subsoil thereof.4. (a) For the purposes of this Convention, the coastal State shall establish the outer edge of the continental margin wherever the margin extends beyond 200nautical miles from the baselines from which the breadth of the territorial sea is measured, by either:(i) a line delineated in accordance with paragraph7 by reference to the outermost fixed points at each of which the thickness of sedimentary rocks is at least 1percent of the shortest distance from such point to the foot of the continental slope; or(ii) a line delineated in accordance with paragraph7 by reference to fixed points not more than 60nautical miles from the foot of the continental slope.(b) In the absence of evidence to the contrary, the foot of the continental slope shall be determined as the point of maximum change in the gradient at its base.5. The fixed points comprising the line of the outer limits of the continental shelf on the seabed, drawn in accordance with paragraph 4(a)(i) and(ii), either shall not exceed 350nautical miles from the baselines from which the breadth of the territorial sea is measured or shall not exceed 100nautical miles from the 2,500metre isobath, which is a line connecting the depth of 2,500metres.

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