Territorial waters – Wikipedia

coastal waters that are separate of a nation-state ‘s sovereign territory
“ coastal waters ” redirects here. For geographic aspects, see seashore conventional map of nautical zones ( antenna view ). The term territorial waters is sometimes used informally to refer to any area of water over which a state of matter has legal power, including inner waters, the territorial ocean, the adjacent zone, the single economic zone and potentially the continental shelf. In a narrower feel, the condition is used as a synonym for the territorial sea. [ 1 ]

service line [edit ]

normally, the service line from which the territorial ocean is measured is the low-water line along the seashore as marked on large-scale charts officially recognized by the coastal department of state. This is either the low-water grade close to the land, or alternatively it may be an inexhaustible distance from permanently exposed bring, provided that some dowry of elevations exposed at low tide but covered at high tide ( like mud flats ) is within 3 nautical miles ( 5.6 kilometres ; 3+1⁄2 legislative act miles ) of permanently exposed land. Straight baselines can alternatively be defined connecting fringing islands along a seashore, across the mouths of rivers, or with certain restrictions across the mouths of bays. In this case, a bay is defined as “ a well-marked pitting whose penetration is in such proportion to the width of its mouth as to contain land-locked waters and form more than a mere curvature of the coast. An indentation shall not, however, be regarded as a bay unless its area is a boastfully as, or larger than, that of the semi-circle whose diameter is a line drawn across the mouth of that pitting ”. The baseline across the bay must besides be no more than 24 nautical miles ( 44 kilometres ; 28 legislative act miles ) in length .

Internal waters [edit ]

Internal and external territorial waters of the Philippines prior to the adoption of new baselines in 2009. Waters landward of the service line are defined as inner waters, over which the state has complete sovereignty : not even innocent passage is allowed without denotative permission from said country. Lakes and rivers are considered inner waters. All “ archipelagic waters ” within the outermost islands of an archipelagic country such as Indonesia or the Philippines are besides considered internal waters, and are treated the lapp with the exception that innocent passage through them must be allowed. however, archipelagic states may limit innocent passage to designated ocean lanes within these waters .

Territorial sea [edit ]

Territorial sea, as defined by the 1982 United Nations Convention on the Law of the Sea, [ 2 ] is a belt of coastal waters extending at most 12 nautical miles ( 22 kilometer ; 14 secret intelligence service ) from the baseline ( normally the mean low-water mark ) of a coastal state. The territorial sea is regarded as the sovereign district of the department of state, although extraneous ships ( military and civilian ) are allowed innocent passage through it, or theodolite passage for straits ; this reign besides extends to the airspace over and seabed below. alteration of these boundaries is called, in international jurisprudence, maritime boundary line. A country ‘s territorial ocean extends up to 12 nmi ( 22 kilometer ; 14 myocardial infarction ) from its baseline. If this would overlap with another country ‘s territorial sea, the bound is taken as the median point between the states ‘ baselines, unless the states in interview agree otherwise. A state of matter can besides choose to claim a smaller territorial ocean. Conflicts have occurred whenever a coastal nation claims an entire gulf as its territorial waters while other nations only recognize the more restrictive definitions of the UN convention. Claims which draw baseline in excess of 24 nautical miles ( two 12 NM limits ) are judged excessive by the U.S. Two conflicts occurred in the Gulf of Sidra where Libya drew a lineage in overindulgence of 230 nmi ( 430 kilometer ; 260 myocardial infarction ) and claimed the entire enclosed gulf as its territorial waters. The U.S. exercised exemption of seafaring rights, resulting in the 1981 and 1989 Gulf of Sidra incidents .

conterminous zone [edit ]

The contiguous zone is a band of water system extending far from the extinct edge of the territorial ocean to up to 24 nautical miles ( 44.4 kilometer ; 27.6 nautical mile ) from the baseline, within which a state can exert limited control for the determination of preventing or punishing “ violation of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea ”. This will typically be 12 nautical miles ( 22 kilometer ; 14 nautical mile ) wide, but could be more ( if a department of state has chosen to claim a territorial sea of less than 12 nautical miles ), or less, if it would differently overlap another state of matter ‘s adjacent zone. however, unlike the territorial ocean, there is no standard rule for resolving such conflicts and the states in question must negotiate their own compromise. The United States invoked a contiguous partition out to 24 nmi from the baseline on 29 September 1999. [ 3 ]

exclusive economic zone [edit ]

An exclusive economic zone extends from the baseline to a maximal of 200 nautical miles ( 370.4 kilometer ; 230.2 mile ), thus it includes the adjacent zone. [ 4 ] A coastal nation has control of all economic resources within its exclusive economic zone, including fish, mine, oil exploration, and any contamination of those resources. however, it can not prohibit passage or loitering above, on, or under the surface of the ocean that is in conformity with the laws and regulations adopted by the coastal State in accord with the provisions of the UN Convention, within that parcel of its exclusive economic zone beyond its territorial ocean. Before the United Nations Convention on the Law of the Sea of 1982, coastal nations randomly extended their territorial waters in an feat to control activities which are now regulated by the exclusive economic zone, such as offshore anoint exploration or fishing rights ( see Cod Wars ). indeed, the exclusive economic zone is still popularly, though mistakenly, called a coastal state ‘s territorial waters .

Continental shelf [edit ]

definition [edit ]

article 76 [ 5 ] gives the legal definition of continental shelf of coastal countries. For the physical geography definition, see the article continental shelf. The continental shelf of a coastal nation extends out to the out edge of the continental allowance but at least 200 nautical miles ( 370 kilometer ; 230 mile ) from the baselines of the territorial sea if the continental margin does not stretch that far. coastal states have the right of exploration and exploitation of the ocean floor and the natural resources that lie on or beneath it, however early states may lay cables and pipelines if they are authorised by the coastal state. The forbidden limit of a area ‘s continental shelf shall not stretch beyond 350 nautical miles ( 650 kilometer ; 400 security service ) of the baseline, or beyond 100 nautical miles ( 190 kilometer ; 120 mi ) from the 2,500 metres ( 8,200 foot ) isobath, which is a line connecting the depths of the ocean floor at 2,500 meters. The out border of the continental gross profit for the purposes of this article is defined as :

*a series of lines joining points not more than 60 nautical miles (110 km; 69 mi) apart where the thickness of sedimentary rocks is at least 1% of the height of the continental shelf above the foot of the continental slope; or
*a series of lines joining points not more than 60 nautical miles apart that is not more than 60 nautical miles from the foot of the continental margin.

The foot of the continental slope is determined as the point of maximum variety in the gradient at its base. The part of the continental ledge beyond the 200 nautical sea mile limit is besides known as the extended continental shelf. Countries wishing to delimit their out continental ledge beyond 200 nautical miles have to submit scientific information for the basis of their claim to the UN Commission on the Limits of the Continental Shelf. The Commission then validates or makes recommendations on the scientific footing for the exsert continental shelf claim. The scientific opinion of the Commission shall be concluding and ski binding. Validated extended continental shelf claims overlapping any limit between two or more parties are decided by bilateral or multilateral negotiation, not by the Commission. Countries have ten years after ratifying UNCLOS to lodge their submissions to extend their continental shelf beyond 200 nautical miles, or by 13 May 2009 for countries where the conventionality was ratified before 13 May 1999. As of 1 June 2009, 51 submissions have been lodged with the Commission, of which eight have been deliberated by the Commission and have had recommendations issued. The eight are ( in the decree of date of submission ) : russian Federation ; Brazil ; Australia ; Ireland ; New Zealand ; the joint submission by France, Ireland, Spain and the United Kingdom ; Norway and Mexico. For entire list, see below

Rights over the continental shelf [edit ]

Articles 77 to 81 specify the rights of a country over its continental ledge. A coastal nation has control of all resources on or under its continental shelf, living or not, but no control over any living organisms above the shelf that are beyond its exclusive economic zone. This gives it the justly to conduct hydrocarbon exploration and drill works.

background [edit ]

Territorial waters claims by coastal states in 1960[6]
Breadth claim Number of states
3-mile limit 26
4-mile limit 3
5-mile limit 1
6-mile limit 16
9-mile limit 1
10-mile limit 2
12-mile limit 34
More than 12-miles 9
Unspecified 11

From the eighteenth hundred until the mid twentieth hundred, the territorial waters of the british Empire, the United States, France and many other nations were three nautical miles ( 5.6 kilometer ) wide. primitively, this was the distance of a cannon shoot, therefore the helping of an ocean that a sovereign state could defend from prop up. however, Iceland claimed two nautical miles ( 3.7 kilometer ), Norway and Sweden claimed four nautical miles ( 7.4 kilometer ), and Spain claimed 6 nautical miles ( 11 kilometer ; 6.9 mile ) during this period. During incidents such as nuclear weapons testing and fisheries disputes some nations randomly extended their nautical claims to deoxyadenosine monophosphate much as fifty or flush two hundred nautical miles. Since the late twentieth century the “ 12 mile limit ” has become about universally accepted. The United Kingdom extended its territorial waters from three to twelve nautical miles ( 22 kilometer ) in 1987. During the League of Nations Codification Conference in 1930, the issue of establishing international legislation on territorial waters was raised, but no agreement was reached. [ 7 ] Claims by legislation to the adjacent continental ledge and fishing was beginning made by the United States government immediately following the moment World War. On September 28, 1945, US President Harry S. Truman issued two proclamations that established government dominance of natural resources in areas adjacent to the coastline. One of these announcement was titled “ policy of the United States With Respect to the Natural Resources of the Subsoil and Sea Bed of the Continental Shelf ”, and stipulated in its surgical article :

the Government of the United States regards the natural resources of the subsoil and ocean bed of the continental ledge beneath the high seas but adjacent to the coasts of the United States as appertaining to the United States, subject to its jurisdiction and control. [ 8 ]

The moment announcement was titled “ policy of the United States With Respect to Coastal Fisheries in Certain Areas of the High Seas ”, and stated in its secret agent clause :

the Government of the United States regards it as proper to establish conservation zones in those areas of the high seas contiguous to the coasts of the United States wherein fishing activities have been or in the future may be developed and maintained on a hearty scale. [ 9 ]

Following the US Presidential proclamation, the emergence of legally determining territorial waters by international agreement was raised, and in its foremost school term in 1949, the International Law Commission of the United Nations added the submit to its agenda. The significant topic of the width of territorial waters could not be resolved at either the UNCLOS I ( 1956-1958 ) or UNCLOS II ( 1960 ) conferences, with neither the two major contenders of a 3-mile or 12-mile limit reaching the needed two-thirds hold. This lack of agreement had the likely to lead to serious international disputes. [ 6 ] It was only at the UNCLOS III ( 1973-1982 ) league, whose provisions did not come into effect until 1994, that this issue was resolved at twelve nautical miles .

assorted [edit ]

Pirate radio air from artificial marine fixtures or anchored ships can be controlled by the affect coastal nation or early nations wherever that broadcast may originate, whether in the territorial sea, exclusive economic zone, the continental ledge or evening on the high seas. [ 10 ] therefore a coastal state has total control over its home waters, slightly less control over territorial waters, and apparently even less control over waters within the contiguous zones. however, it has entire control of economic resources within its single economic zone adenine well as those on or under its continental ledge. Throughout this article, distances measured in nautical miles are demand legal definitions, while those in kilometres are approximate conversions that are not stated in any jurisprudence or treaty. federal nations, such as the United States, divide control over sealed waters between the federal government and the individual states. ( See tidelands. )

territorial ocean claim [edit ]

Maritime controversies involve two dimensions : ( a ) territorial sovereignty, which are a bequest of history ; and ( barn ) relevant jurisdictional rights and interests in nautical boundaries, which are chiefly due to differing interpretations of the law of the ocean. [ 11 ]

  • 3 nautical miles (5.6 km; 3.5 mi): Jordan.
  • 6 nautical miles (11.1 km; 6.9 mi): Greece (in Aegean sea),[12] Turkey (in Aegean sea)[13]
  • 12 nautical miles (22.2 km; 13.8 mi): Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Brazil, Brunei, Bouvet Island,[14] Bulgaria, Cambodia, Cameroon, Canada, Cape Verde, Chile, People’s Republic of China, Republic of China, Colombia, Comoros, Cook Islands, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Democratic People’s Republic of Korea, Democratic Republic of the Congo, Denmark,[15] Djibouti, Dominica, Dominican Republic, Ecuador,[16] Egypt, Equatorial Guinea, Eritrea, Estonia, Faroe Islands,[17] Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece (in Ionian sea), Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Iceland,[18] India, Indonesia, Iran, Iraq, Ireland, Israel, Jamaica, Japan, Kenya, Kiribati, Kuwait, Latvia, Lebanon, Liberia,[19] Libya, Lithuania, Madagascar, Malaysia, Maldives, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Monaco, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nauru, Netherlands, New Zealand, Nicaragua, Nigeria, Niue, Norway,[20] Oman, Pakistan, Palau,[21] Panama, Papua New Guinea, Poland, Portugal, Qatar, Republic of Korea, Romania, Russia, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, São Tomé and Príncipe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Syria, Thailand, Timor-Leste, Tonga, Trinidad and Tobago, Turkey (in Black sea and Mediterranean), Tuvalu, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, United States of America, Uruguay, Vanuatu, Venezuela, Vietnam, Yemen.
  • 12 nautical miles/DLM:[a] Slovenia.
  • 13 nautical miles (24.08 km; 14.96 mi): Italy-Tunisia[22]
  • 15 nautical miles (27.78 km; 17.26 mi): Azerbaijan, Iran (Caspian Sea), Kazakhstan, Russia (Caspian Sea), Turkmenistan[23]
  • 30 nautical miles (55.6 km; 34.5 mi): Togo.[24]
  • 200 nautical miles (370.4 km; 230.2 mi): Benin, El Salvador, Peru, Somalia.[24]

extra cases [edit ]

  • Australia: A treaty with Papua New Guinea defines the territorial sea boundaries between the islands of Aubusi, Boigu and Moimi and Papua New Guinea on the one hand and the islands of Dauan, Kaumag and Saibai and Papua New Guinea on the other hand, as well as a section of the border of the territorial sea of Saibai. The territorial seas of the islands known as Anchor Cay, Aubusi Island, Black Rocks, Boigu Island, Bramble Cay, Dauan Island, Deliverance Island, East Cay, Kaumag Island, Kerr Islet, Moimi Island, Pearce Cay, Saibai Island, Urnagain Island and Turu Cay do not extend beyond 3 nautical miles from the baselines.
  • Belize: 3 nautical miles limit applies from the mouth of Sarstoon River to Ranguana Caye.
  • Cameroon: See article 45 of Law 96-06 of 18 January 1996 on the revision of the Constitution of 2 June 1972.
  • Denmark: Act No. 200 of 7 April 1999 on the delimitation of the territorial sea does not apply to the Faroe Islands (the act applies to the Faroe Islands from 1 June 2002) and Greenland but may become effective by Royal Decree for those parts of the Kingdom of Denmark with the amendments dictated by the special conditions prevailing in the Faroe Islands and Greenland. As far as Greenland is concerned, the outer limit of the external territorial waters may be measured at a distance shorter than 12 nautical miles (22.2 km; 13.8 mi) from the baselines.
  • Estonia: In some parts of the Gulf of Finland, defined by coordinates.
  • Finland: Extends, with certain exceptions, to 12 nautical miles (22.2 km; 13.8 mi), unless defined by geographical coordinates. In the Gulf of Finland, there is a strip of international waters regardless of the 12 nmi limit: the outer limit of the territorial sea shall at no place be closer to the midline than 3 nautical miles (5.6 km; 3.5 mi).[25] Bogskär, a remote island, has only 3 nautical miles (5.6 km; 3.5 mi) territorial waters.[26]
  • Greece: 10 nautical miles (18.5 km; 11.5 mi) limit applies for the purpose of regulating civil aviation (See also Aegean dispute)
  • India: 13 nautical miles (24.1 km; 15.0 mi) limit includes Andaman, Nicobar Lakshadweep and SriLanka.
  • Japan: 3 nautical miles (5.6 km; 3.5 mi) limit applies to the Soya Strait, the Tsugaru Strait, the eastern and western channels of the Korea Strait and the Osumi Straits only.
  • New Zealand: 12 nautical miles (22.2 km; 13.8 mi) limit includes Tokelau.
  • Papua New Guinea: 3 nautical miles (5.6 km; 3.5 mi) in certain areas.

Peru claims territorial waters out to 200 nmi.

contiguous zone claims [edit ]

  • None: Albania, the Bahamas, Barbados, Belize, Benin, Bosnia and Herzegovina, Brunei, Cameroon, Colombia, Comoros, Congo, Cook Islands, Costa Rica, Côte d’Ivoire, Croatia, Democratic Republic of the Congo, Ecuador, El Salvador, Equatorial Guinea, Eritrea, Estonia, Fiji, Georgia, Germany, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Iceland, Indonesia, Iran, Ireland, Jordan, Kenya, Kiribati, Kuwait, Latvia, Lebanon, Libya, Lithuania, Macedonia, Malaysia, Mauritius, Micronesia, Monaco, Montenegro, Nigeria, Niue, Palestine, Papua New Guinea, Peru, the Philippines, São Tomé and Príncipe, Singapore, Slovenia, Solomon Islands, Somalia, Suriname, Sweden, Togo, Tonga, Turkey, Ukraine, United Kingdom, Tanzania
  • 14 nautical miles (25.9 km; 16.1 mi): Finland
  • 15 nautical miles (27.8 km; 17.3 mi): Venezuela
  • 18 nautical miles (33.3 km; 20.7 mi): Bangladesh, Gambia, Saudi Arabia, Sudan
  • 24 nautical miles (44.4 km; 27.6 mi): Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Belgium, Brazil, Bulgaria, Cambodia, Canada, Cape Verde, Chile, People’s Republic of China, Cuba, Cyprus, Denmark, Djibouti, Dominica, Dominican Republic, Egypt, France, Gabon, Ghana, Haiti, Honduras, India, Iran, Jamaica, Japan, Liberia,[19] Madagascar, Maldives, Malta, Marshall Islands, Mauritania, Mexico, Morocco, Mozambique, Myanmar, Namibia, Nauru, The Netherlands, New Zealand, Nicaragua, Norway, Oman, Pakistan, Palau, Panama, Poland, Portugal, Qatar, Republic of Korea, Romania, Russia, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Senegal, Seychelles, Sierra Leone, South Africa, Spain, Sri Lanka, Syria, Thailand, Timor-Leste, Trinidad and Tobago, Tunisia, Tuvalu, United Arab Emirates, United States of America, Uruguay, Vanuatu, Vietnam, Yemen
  • 30 nautical miles (55.6 km; 34.5 mi): Italy
  • 50 nautical miles (92.6 km; 57.5 mi): Democratic People’s Republic of Korea; 50 nautical miles Military Boundary Zone. Army Command Announcement of 1 August 1977.[30][31]

Extended continental ledge claims [edit ]

As of 13 May 2009, 51 submissions by 44 countries have been lodged for claims over their extend continental ledge. Some countries have multiple submissions and joint submissions with other countries. Recommendations have been given for 8 of the submissions .

Submissions with recommendations [edit ]

list with date of submission and borrowing of recommendation by the Commission on the Limits of the Continental Shelf. [ 32 ]

  • United Kingdom – Ascension Island (submission: 9 May 2008; recommendation: 15 April 2010) (application to extend beyond 200NM failed)[33]
  • Australia (15 November 2004, 9 April 2008)[34]
  • Barbados (submission: 8 May 2008; recommendation: 15 April 2010)
  • Brazil (17 May 2004, 4 April 2007)
  • France – in respect of the areas of French Guiana and New Caledonia (22 May 2007, 2 September 2009)
  • Joint submission by France, Ireland, Spain and the United Kingdom – in the area of the Celtic Sea and the Bay of Biscay (19 May 2006, 24 March 2009)
  • Ireland – Porcupine Abyssal Plain (25 May 2005, 5 April 2007)[35][36]
  • Mexico – in respect of the western polygon in the Gulf of Mexico (13 December 2007, 31 March 2009)
  • New Zealand (19 April 2006, 22 August 2008)[37][38]
  • Norway – in the North East Atlantic and the Arctic (27 November 2006, 27 March 2009)
  • Russia (20 December 2001, 27 June 2002)

other submissions [edit ]

list in ordering of date of submission, with date of submission. [ 32 ]

  • France – areas of the French Antilles and the Kerguelen Islands (5 February 2009)
  • Indonesia – North west of Sumatra Island (16 June 2008)
  • Japan (12 November 2008)
  • Joint submission by the Republic of Mauritius and the Republic of Seychelles – in the region of the Mascarene Plateau (1 December 2008)
  • Suriname (5 December 2008)
  • Myanmar (16 December 2008)
  • Somalia (17 April 2009)[39]
  • Yemen – in respect of south east of Socotra Island (20 March 2009)
  • United Kingdom – in respect of Hatton Rockall Area (31 March 2009)
  • Ireland – in respect of Hatton-Rockall Area (31 March 2009)
  • Uruguay (7 April 2009)
  • Philippines – in the Benham Plateau region (8 April 2009)
  • The Cook Islands – concerning the Manihiki Plateau[40] (16 April 2009)
  • Fiji (20 April 2009)
  • Argentina (21 April 2009)
  • Ghana (28 April 2009)
  • Iceland – in the Ægir Basin area and in the western and southern parts of Reykjanes Ridge (29 April 2009)
  • Denmark – in the area north of the Faroe Islands (29 April 2009)
  • Pakistan (30 April 2009)
  • Norway – in respect of Bouvetøya and Dronning Maud Land (4 May 2009)
  • South Africa – in respect of the mainland of the territory of the Republic of South Africa (5 May 2009)
  • Joint submission by the Federated States of Micronesia, Papua New Guinea and Solomon Islands – concerning the Ontong Java Plateau (5 May 2009)
  • Joint submission by Malaysia and Viet Nam – in the southern part of the South China Sea (6 May 2009)
  • Joint submission by France and South Africa – in the area of the Crozet Archipelago and the Prince Edward Islands (6 May 2009)
  • Kenya (6 May 2009)
  • Mauritius – in the region of Rodrigues Island (6 May 2009)
  • Vietnam – in North Area (of the South China Sea) (7 May 2009)
  • Nigeria (7 May 2009)
  • Seychelles – concerning the Northern Plateau Region (7 May 2009)
  • France – in respect of La Réunion Island and Saint-Paul and Amsterdam Islands (8 May 2009)
  • Palau (8 May 2009)
  • Côte d’Ivoire (8 May 2009)
  • Sri Lanka (8 May 2009)
  • Portugal (11 May 2009)
  • United Kingdom – in respect of the Falkland Islands, and of South Georgia and the South Sandwich Islands (11 May 2009)
  • Tonga (11 May 2009)
  • Spain – in respect of the area of Galicia (11 May 2009)
  • India (11 May 2009)
  • Trinidad and Tobago (12 May 2009)
  • Namibia (12 May 2009)
  • Cuba (1 June 2009)
  • Angola (6 December 2013)

See besides [edit ]

Notes [edit ]

  1. ^ DLM means that “ the national legislation establishes the limits of a given zone only by address to the boundary line of nautical boundaries with adjacent or inverse States, or to a median ( equidistant ) note in the absence of a nautical limit boundary line agreement. ”

References [edit ]

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