Introduction
Freedom of the seas: In opposition to the principle of maritime sovereignty, the principle of the freedom of the seas began to develop. The freedom of the high seas was seen to correspond to the general interests of all states, particularly as regards freedom of commerce between nations. The development of the law of the sea cannot be separated from the development of international law in general. The modern law of the sea dates to the beginning of modern international law in the middle of the 17th century. However, there are many examples of collections of rules and maritime customs in the Middle Ages.
Maritime customs began to be accepted throughout Europe, especially in Spain and Portugal by the 1494 Treaty of Tordesillas was approved by the Pope, and then the Law of the Sea codification passed through many attempts, however, the most important codification is 1982 United Nations Convention on the Law of the Sea which signed by 117 states on December 10, 1982 in Montego Bay, Jamaica. This Convention formed the modern Law of the Sea as we know, therefore, this course will be focusing on that Convention.
Course objectives:
- Fundamentals of the international law of the sea and its codification.
- How to identify Internal Waters, bays, continental shelf, Artificial islands, installations, structures and Territorial Sea.
- Acquire the knowledge of how the maritime zones get measured under the UN Convention on the Law of the Sea at the latest virgin.
- Applying best practices to recognize the right of innocent passage.
- Study the application of “Sovereign rights” in the exclusive economic zone.
- Recognizing Infringement prevention and its punishment.
- Anticipate the activities in the dispute areas
- Acquire the knowledge of the necessary procedures of dispute settlement under UNCLOS roles.
Course Outlines:
- Unit 1: MARITIME ZONES UNDER UNCLOS: Baselines
- Abbreviations.
- Normal baseline
- Measuring the breadth of the territorial sea is the low water line along the coast
- Straight baselines
- If there is a fringe of islands along the coast in its immediate vicinity.
- Unit 2: MARITIME DELIMITATION: Internal Waters & Territorial Sea
- Internal waters
- Bays
- Where the natural entrance points of a bay exceed 24 nautical miles
- Limit not exceeding 12 nautical miles
- The outer limit of the territorial sea is the line every point of the territorial sea
- Unit 3: Innocent Passage
- Right of innocent passage
- Ships of all States, coastal or land-locked.
- Continuous and expeditious Passage.
- Ships or aircraft in danger or distress.
- Threat, use of force, exercise with weapons, fishing, and propaganda.
- Unit 4: Contiguous Zone and Exclusive Economic Zone
- Infringement prevention.
- Infringement punishment
- Sovereign rights in the exclusive economic zone
- Artificial islands, installations and structures.
- Marine scientific research.
- The protection and preservation of the marine environment.
- Unit 5: Continental Shelf
- The outer limit of the continental shelf
- High Seas
- Freedom of navigation, overflight, scientific research, fishing, lay cables & pipelines
- The Area and its resources are the common heritage of mankind.
- Straits used for international navigations
- States bordering straits
- Archipelagic States
- Unit 6: ACTIVITIES IN DISPUTED AREAS and DISPUTE SETTLEMENT UNDER UNCLOS
- Peaceful means
- Structure of part XV of UNCLOS
- Binding procedures
- Exceptions to compulsory Jurisdiction
- APPLICATION OF OTHER PROCEDURES