Môi trường - United nations convention on law of the sea

UNITED NATIONS CONVENTION ON LAW OF THE SEATHE “CONSTITUTION” OF THE OCEANSConcluded in 1982 and entered into force in 1994The most significant modification of the law of the sea in the past 500 yearsRegulates most contemporary marine sector activitiesMost treaties are constrained by the Law of the Sea ConventionSource of conflict among States and at the same time unites them164 Ratifications as at 24 Sept 2012Part II The territorial sea and contiguous zone Part IV Archipelagic States Part V Exclusive economic zone Part VI The continental shelfPart VII High seasPart X Right of access of land-locked states Part XI The AreaUNCLOS ITERITORIAL SEA AND THE CONTIGUOUS ZONE (10 SEP 1964).HIGH SEAS (30 SEP 1962).CONVENTION ON FISHING & LIVING RESOURSES OF HIGH SEAS (20 MAR 1966).CONVENTION ON CONTINENTAL SHELF (10 JUN 1964).UNCLOS IITERRITORIAL SEA.EXCLUSIVE FISHERY ZONE.6 nmTERRITORIALSEA6 nmEXCLUSIVE ORPARTIALLY EXCLUSIVE FISHERY ZONEAS PER UNCLOS II( MAR - APR 1960 )UNCLOS III1ST SESSION 1973 NEW YORK2ND SESSION 1974 CARACAS3RD SESSION 1975 GENEVA4TH SESSION 1976 NEW YORK5TH SESSION 1976 NEW YORK6TH SESSION 1977 NEW YORK7TH SESSION 1978 GENEVA AND NEW YORK8TH SESSION 1979 GENEVA AND NEW YORK9TH SESSION 1980 NEW YORK AND GENEVA10TH SESSION 1981 NEW YORK AND GENEVA11TH SESSION 1982 NEW YORKFINAL SESSION 1982 MONTEGO BAY, JAMAICACONVENTIONS ON THE LAW OF THE SEA TERRITORIAL SEA AND CONTIGUOUS ZONE.INTERNATIONAL STRAITS.EXCLUSIVE ECONOMIC ZONE.CONTINENTAL SHELF.HIGH SEAS.MARINE ENVIRONMENT AND SCIENTIFIC RESEARCH.SETTLEMENT OF DISPUTES.DIVISION OF WATERS OF THE GLOBEINTERNAL WATERS. TERRITORIAL WATERS.CONTIGUOUS WATERS.CONTINENTAL SHELF.HIGH SEAS.INTERNAL WATERSTHE INTERNAL WATERS OF THE STATE COMPRISE BOTH SALT AND FRESH WATERS WHICH LIE WITHIN THE BASE LINE OF TERRITORIAL WATERS. THESE INCLUDE RIVERS AND FRESH WATER LAKES, THE WATERS WITHIN PORTS AND CERTAIN OTHER LAND LOCKED WATERS.TERRITORIAL SEA/WATEREXTENDS TO 12 NM FROM NEAREST POINT OF THE APPROPRIATE BASE LINE. HOST COUNTRY HAS ABSOLUTE SOVEREIGNITY WITH RESPECT TO WATERS, SEABED AND SUB SOIL UNDERLYING AND AIR SPACE ABOVE.BASE LINEIT IS THE LINE FROM WHICH THE DISTANCE OF EACH MARITIME ZONE IS TO BE RECKONED. BASE LINE PORT MEASURING BREADTH OF TERRITORIAL SEA IS LOW WATER LINE ALONG THE COAST AS MARKED ON LARGE SCALE CHART.INTERNAL WATERBASE LINETERRITORIALWATER Upto 12 nmSTRAIGHT BASE LINE36 NM24 NMBASE LINE WHERE BAY NARROWS TO 24 NMBASE LINERIVER MOUTHBASE LINERIVER MOUTHSTERRITORIAL SEAPiers as BaselineHARBOURWORKSARCHIPELAGIC BASE LINECONTIGUOUS ZONEEXTENDS TO 24 NM FROM APPROPRIATE BASE LINE. GOVERNMENT CAN INSTITUTE NECESSARY MEASURES WITH RESPECT TO:SECURITY OF STATE.IMMIGRATION.SANITATION.CUSTOMS. FISCAL MEASURES.TERRITORIALSEACONTIGUOUS ZONE24 nm12 nmBASE LINECONTINENTAL SHELFIT COMPRISES THE SEABED AND SUBSOIL OF THE SUBMARINE AREAS THAT EXTEND BEYOND THE LIMIT OF ITS TERRITORIAL WATERS THROUGHOUT THE NATURAL PROLONGATION OF ITS LAND TERRITORY TO THE OUTER EDGE OF THE CONTINENTAL MARGIN; OREXTENDS TO 350 NM FROM APPROPRIATE BASE LINERIGHTS OF THE COASTAL STATE OVER CONTINENTAL SHELFEXERCISES SOVEREIGN RIGHTS FOR EXPLORING AND EXPLOITING ITS NATURAL RESOURCES. THESE RIGHTS ARE EXCLUSIVE.CAN LAY SUBMARINE CABLES AND PIPELINES.EXCLUSIVE RIGHT TO AUTHORISE AND REGULATE DRILLING FOR ALL PURPOSES.EXCLUSIVE RIGHT TO CONSTRUCT AND TO AUTHORISE AND REGULATE CONSTRUCTION AND USE OF:ARTIFICIAL ISLANDS, OFF SHORE TERMINALS, INSTALLATION ETC.MARINE SCIENTIFIC RESEARCH.PROTECTION AND PRESERVATION OF MARINE ENVIRONMENT.CONTINENTAL SHELFTO 350 nmE E ZBASE LINEEXCLUSIVE ECONOMIC ZONEEXTENDS TO 200 NM FROM THE BASE LINE. IN EEZ AND SPACE ABOVE THE ZONE, SHIPS AND AIRCRAFTS OF ALL STATES ENJOY: FREEDOM OF NAVIGATION /OVERFLIGHT. LAYING OF SUBMARINE CABLES AND PIPELINES. ANY OTHER INTERNATIONALLY LAWFUL USE.EXCLUSIVE ECONOMIC ZONE(E E Z)200nmBASE LINEE E Z (200 Nm)Base lineLANDInternal WaterNational AirspaceArchipelagicWaterTerritorial Water (12nm)CONTIGUOUSZONE(24Nm)HIGH SEASInternational AirspaceA I R S P A C ERIGHTS OF STATE IN EXCLUSIVE ECONOMIC ZONESOVEREIGN RIGHTS FOR EXPLORATION, EXPLOITATION CONSERVATION AND MANAGEMENT OF RESOURCES.EXCLUSIVE RIGHTS FOR CONSTRUCTION, MAINTENANCE OF ARTIFICIAL ISLAND, OFF SHORE TERMINALS, INSTALLATIONS ETC.EXCLUSIVE JURISDICTION TO AUTHORISE, REGULATE AND CONTROL SCIENTIFIC RESEARCH.EXCLUSIVE JURISDICTION TO PRESERVE MARINE ENVIRONMENT AND CONTROL MARINE POLLUTION.RIGHTS AVAILABLE IN HIGH SEASFREEDOM OF NAVIGATION.FREEDOM OF OVERFLIGHT.FREEDOM TO LAY SUBMARINE CABLES AND PIPELINES.FREEDOM TO CONSTRUCT ARTIFICIAL ISLANDS AND OTHER INSTALLATIONS.FREEDOM OF FISHING.FREEDOM OF SCIENTIFIC RESEARCH.PORT-APORT- CINNOCENT PASSAGETERRITORIAL WATERTERRITORIAL WATERPORT- BSINGAPOREM A L A Y S I AM A L A Y S I ABATAMTraffic SeparatiomTRANSIT PASSAGE THROUGH INTERNATIONAL STRAITSANY THREAT OR USE OF FORCEAGAINST THE INDEPENDENCE OF COASTAL OR ISLAND NATIONNO EXERCISE OR PRACTICE OF WEAPONS IN INNOCENT PASSAGEAIRCRAFT CANNOT BE LAUNCHED OR LANDED WHILE PASSING INNOCENT PASSAGEINTELLIGENCE COLLECTION ACTIVITIES PROHIBITED IN ANINNOCENT PASSAGEINNOCENTPASSAGENO RESEARCH & SURVEYINNOCENT PASSAGESURVEYINNOCENT PASSAGE DOES NOT INCLUDE RIGHT OF OVERFLIGHTINNOCENT PASSAGESUBMARINES ARE REQUIRED TO NAVIGATE ON THE SURFACE WHILE PASSING THROUGH FOREIGN TERRITORIAL SEAHOT PURSUITIS A LEGITIMATE CHASE OF A FOREIGN VESSEL ON THE HIGH SEAS WHEN SHE OR A PERSON ON BOARD, HAS VIOLATED THE LAWS OF A STATE WHILST IN ITS JURISDICTIONAL WATERS.ABTERRITORIAL WATER OF ‘A’TERRITORIAL WATER OF ‘B’RIGHT OF HOT PURSUITRIGHT ENVISAGES PURSUING OF FOREIGN SHIP FROM TERRITORIAL SEAS TO HIGH SEAS.RESTRICTIONS ON COASTAL STATE:PURSUIT MAY BE COMMENCED ONLY IF FOREIGN SHIP DOES NOT ABIDE BY THE VISUAL OR AUDIO SIGNAL TO STOPPURSUIT IS CONTINUOUS AND NOT INTERRUPTED.PURSUED SHIP HAS NOT SUCCEEDED IN ENTERING ITS OWN OR A THIRD STATES TERRITORIAL SEA.NO EXCESSIVE FORCE USED TO SECURE RETURN OF SHIP TO ANY PORT OF PURSUING STATE.CAN BE EXERCISED ONLY BY WARSHIPS/MILITARY AIRCRAFTS OR OTHER GOVT SHIPS/AIRCRAFTS ESPECIALLY AUTHORISEDIF PURSUIT COMMENCED/SHIP STOPPED WITHOUT JUSTIFIABLE REASON IT HAS TO BE COMPENSATED. “SHIP BELONGING TO THE ARMED FORCES OF A STATE BEARING THE EXTERNAL MARKS DISTINGUISHING SUCH SHIPS OF ITS NATIONALITY, UNDER THE COMMAND OF AN OFFICER DULY COMMISSIONED BY THE GOVERNMENT OF THE STATE AND WHOSE NAME APPEARS IN THE APPROPRIATE SERVICE LIST OR ITS EQUIVALENT AND MANNED BY A CREW WHICH IS UNDER REGULAR ARMED FORCES DISCIPLINE”.WARSHIPRIGHTS AND DUTIESOF WARSHIPSSEIZURE ON ACCOUNT OF PIRACY (ART 107)RIGHT OF VISIT ON THE HIGH SEAS (I) ENGAGED IN PIRACY (II) ENGAGED IN SLAVE TRADE (III) ENGAGED IN UNAUTHORISED BROADCASTING (IV) WITHOUT NATIONALITY (V) OF THE NATIONALITY AS THAT OF THE WARSHIP BUT FLYING A FOREIGN FLAG OR REFUSING TO SHOW ITS FLAG (ART 110)TO EXERCISE RIGHT OF HOT PURSUIT (ART 115 (5)TO EXERCISE POWER OF ENFORCEMENT AS REGARDS TO PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT (ART 224)SETTLEMENT OF DISPUTES INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA ESTABLISHED IN TERMS OF ANNEX VI. INTERNATIONAL COURT OF JUSTICE.ARBITRAL TRIBUNAL CONSTITUTED IN TERMS OF ANNEX VII.SPECIAL ARBITRAL TRIBUNAL CONSTITUTED IN TERMS OF ANNEX VIII FOR CATEGORIES OF DISPUTES SPECIFIED THEREIN. akpe na mi!