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Assignment 6: The law of the sea Natalia is a coastal State with a long coastline on the Atlantic Ocean. The southern boundary of the State is shared with Freedonia which has a small section of the coastline but is mostly landlocked. Freedonia has a large fishing fleet and a merchant fleet which transports nuclear waste and a navy which uses nuclear fuels for power. The government of Natalia has made the following two statements: 1. No ships carrying nuclear waste or using nuclear fuels for power will be allowed to enter into waters within 200 miles of Natalia. All such ships will be detained by and boarded by Natalia’s navy. 2. Only ships of Natalia’s fishing fleet can fish in the waters within 200 miles of Natalia. Freedonia has become aware of the statements and seeks advice from its foreign Affairs Office on whether its ships which carry nuclear waste, or its nuclear submarines, can transit Natalian water. Freedonia also wishes to determine whether its fishing vessels can fish in the waters within 200 miles of Natalia. As the legal adviser to Freedonia, discuss the legitimacy and effect of the two statements with reference to UNCLOS to which both Natalia and Freedonia are parties.

No ships carrying nuclear waste or using nuclear fuels will be allowed to enter waters within 200 miles of Natalia. 1) 2) 3) 4) 5)

Applicable law? UNCLOS Which zone? Ships carrying nuclear waste Fisheries Advise  summary

200 miles?    

From the baseline: first 12 miles: territorial sea EEZ, if Natalia has claimed this zone High sea, if Natalia hasn’t claimed this zone They haven’t claimed it explicitly but they did it implicitly

BASELINE Art. 5 UNCLOS: except where otherwise provided in this Convention, the normal baseline for measuring the breadth of thee territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal state.  High and low tide Art. 7 UNCLOS: straight baseline  Islands  Coastline is deeply indented and cut.  A lot of internal waters Artificial island  Art. 121 UNCLOS (part VIII)  What about them EEZ and so on TERRITORIAL SEA Art. 23 UNCLOS: foreign nuclear-power ships and ships carrying nuclear or other inherently dangerous or noxious substances  When they exercising the right of innocent passage through the territorial sea, carry documents and observe special precautionary measures established for such ships by international agreement.  Only if they stay in the territorial sea (the first 12 miles). EEZ A state must claim his own EEZ  customary law (no in the UNCLOS)  We aren’t sure that Natalia has claimed the EEZ  Freedom do apply  what is the use of proclaiming an EEZ what do coastal states have at it. Art. 58 UNCLOS: (Freedonia) rights and duties of other states in the exclusive economic zone  The state of Freedonia can defend itself with the use of this provision

 Art. 87 of navigation and overflight  freedonia ships can go there Art 56 (1) (b) (III) the protection and preservation of the marine environment because they carry nuclear waste. Art 211 §5 UNCLOS they adopt law and regulations and they are enforced under art 73 Art 73 includes things like boarding , arrest, inspection because they cannot do it if the ship is just there but only for enforce those rules above. HIGH SEA  Natalia hasn’t claimed the EEZ Art. 87 UNCLOS: freedom of the high seas  (a): freedom of navigation

Only ships of Natalia’s fishing fleet can fish in the waters within 200 miles of Natalia. THE TERRITORIAL SEA They don’t have the right to fish there.  Art. 19 (2) (i) UNCLOS THE EEZ Art. 56 §1 (a) UNCLOS: the coastal state (Natalia) has sovereign right for the purpose of exploring and exploiting, conserving and managing the natural resources, like fishing, of the waters superjacent to the seabed and of the seabed and it’s suboil. RESTRICTIONS: Art. 61 & 62 (3) UNCLOS: conservation of the living resources & utilization of the living resources 61 (1)The coastal state may determine the allowable catch of the living resources in a scientific way Art 62 (2) when the coastal zone has not the capacity to the entire allowable catch  agreements Art 62 (3) economic dislocation Art 62 (4) what are the requirements : eg. Only salmon in May and June that are 30 cm. Art 70 there is only a small coast line

THE HIGH SEA

Art. 87 (e) UNCLOS  Freedom of fishing.

Conclusion They are both parties so UNCLOS, we are in het EEZ because Nathalia implicity claimed this zone. The basic rule is freedom of navigation. Freedonia can enter but they should check if Nathalie if they have measures. Freedonia can fish if there is a surplus of fish and there is an agreement

introduction UNCLOS 1982 = treaty binding on parties Customary law Before 1950 customary law After it was codified in the 4 Geneva convention 1958 Zonal approach of the law of the sea: define the sea in different zones Step 1: in which zone are we? We are talking about right and duties of the sea Maritime law are the rights and duties of private .. Disputes of the sea 1) ITLOS : Hamburg 2) ICJ 3) Arbitrage : the parties chose them, temporal only for that case

The line of low water art 5 UNCLOS = baseline Territorial sea = 12 NM Contiguous zone = 24 NM

EEZ= 200 NM High seas Continental shelf The deep sea bed...