The term-term in the Law of the Sea

Some marine legal term that has been done since the first couple of codification effort to codify have done since the days of the League of Nations (the League of Nations) in 1930 with codification conference organized international law at The Hague. Unfortunately it was not successful conference formulate provisions that could be agreed upon as an international maritime law. However, some important items of the conference remains the primary material for the International Law Commission (International Law Commission) to keep formulate the conferences which took place from 1950 to 1956 and later embodied in the 1958 Geneva Convention. Four conventions have produced a series of meetings in Geneva are:

a. Geneva Convention on the Territorial Sea and the Contiguous Zone

b. Geneva Convention on the High Seas

c. Geneva Convention on the Continental Shelf

d. Geneva Conventions Fishing and Marine Living Resources Conservation High

As a source of law, then the convention is part of an international treaty binding for the parties who have expressed are subject to it. However, this convention is also binding on the parties who did not participate in the agreement with the following note:

a. If things are set in the convention indicates that it is the written provisions of an international customary law which is practiced by many countries

b. If the convention is the impact caused by the continued recognition of the development of customary international law. See North Sea Continental Shelf Case (1969) ICJ Reports, p 3

Although arguably this convention a success but still contains the problems, especially the width of the territorial sea is allowed. There is still a debate that has not been completed when the convention was agreed in 1960.

The third attempt of codification of international law initiated by the United Nations with the United Nations held a Conference on the Law of the Sea in 1982 as the culmination of ten years of negotiations. The result dalah The United Nations Convention on the Law of the Sea (UNCLOS) 1982, which was agreed in Montego Bay. In accordance with what is stipulated in the convention that the convention become effective one year after the 60th state to ratify the new convention declared force in November 1994. So since that year, the provisions of international law governing leaning to the rules contained in the convention.

b. Inland waters (Internal Waters)

Inland waters such as lakes, rivers, canals and water areas of the besieged land of a country included in the sovereign territory of the country concerned.

In other words, the principle of the law said that if there was a ship on the inland waters subject to the jurisdiction of the state. In practice, the basis of merit jurisdiction over the ship that won the flag ship of state sovereignty. Nevertheless it can be ignored if:

a. There is a demand from the flag state in order to implement the territorial jurisdiction to the local state

b. Coastal states the action taken must be done to maintain order and security of the coastal state.

c. Sea Region (the Territorial Sea)

Article 1 of the Territorial Sea Convention 1958 and Article 2 of UNCLOS defines territorial waters as areas directly adjacent to land a country where the state has sovereignty over it. Under customary international law the territorial sea width is 3 nautical miles but since the recognition of UNCLOS states have changed to 12 nautical miles from the coastal boundary as set by UNCLOS.

In measuring the coastal boundaries of Article 3 of the Geneva Conventions of 1958 asserted that "borderline normal (normal base line) determined from the boundary line when the tidal beach seseuai with shape recognized by the coastal state. This is also in accordance with what is stipulated by Article 5 of UNCLOS.

However, there are some additional recognized in UNCLOS, namely:

1. Baselines Straight (Straight Border)

If there is a country which has a coast line of irregular coastal boundary which raises indentations in the coast of the country, it is possible for the country to shore to draw a line in accordance with the outermost points of squiggly shapes with straight lines by pulling them (see Article 4 of the Geneva Convention of 1958 and Article 7 of UNCLOS). See also Anglo-Norwegian Fisheries Case (1951) ICJ reports, case 116

2. Bays / Gulf

Article 7 and Article 10 of UNCLOS states that a part of the sea which juts into the mouth width not exceeding 24 miles in one country, may allow the state to draw a straight line so that all the water in the bay to the sea territory of the coastal state.

If you find that part of the bay is an area of ​​two or more different countries there should be special arrangements in an agreement between the countries that have borders with beaches. In the case of Case Concerning Land, Island and Maritime Frontier Dispute (1992) International Court decide the need for joint authority over the gulf region except the region of 3 nautical miles in accordance with the state's coastline, respectively.

3. Traditional bay borderline (Historic Bays)

A bay area that has been claimed to be owned by the state and so far there has never been behind the demands of other countries can be considered as the inland waters of the state that claim on the basis of the boundary line bays that have traditionally been their sovereign territory.

In the sea area of ​​the state have the authority to enforce its jurisdiction. In this case the state is authorized to exploit the beach, explore the region including the seabed and the wealth of biological and non biological natural in the water.

However, Article 14 of the Geneva Convention provides restrictions on the right of the coastal state to continue to provide a special lane for crossing foreign ships that will pass through the territorial sea. Jalus is often referred to as Innocent Passage or Trails Peace.

The line was conceived as the traditional path traversed by vessels trading / foreign tourism to freely traverse the path without any intention to stop, entering inland waters, to communicate with people / agencies of coastal states on the condition conducted in a peaceful and subject to coastal state security command.

When a ship was crossing the traffic lane peaceful coastal state has only limited jurisdiction both civil and criminal proceedings against the vessel and its contents were passed in the lane. Article 19 and Article 20 requires the provision of it. So the applicable jurisdiction is the aboard the jurisdiction of the flag state and non-state beach except:

1. The impact or consequence of the offense until the coastal state concerned

2. If the offense was committed to disrupt the peace and security of the coastal State

3. If there is a request from the captain of the ship or consuls and diplomatic representatives of the state flag beach

4. If there is a strong presumption that the vessel and its crew of smuggling illegal drugs

d. Additional zones (the Contiguous Zone)

Article 33 of UNCLOS states that the area directly adjacent to the territorial sea and the high seas can be claimed to be an extra for the state coastal zone for the purposes of the following:

1. Prevent infringement of customs, customs, fiscal, immigration or quarantine room for certain goods that will enter the country from the sea shore.

2. Region to punish the perpetrators of the offense in the first item

Additional zones may not exceed the 24 mile limit measured from the time of low tide beach. (See Article 33 [2]) of UNCLOS

e. Continental Shelf (the Continental Shelf)

The concept of the continental shelf was first proposed by President truman who say that the Continental Shelf is the area of ​​land that can not be separated from the mainland coast of the country that juts into the lake. In this case if the land jutting into the sea off the integral part of the mainland coast of the country.

Article 1 of the Geneva Convention says that the continental shelf is a continuation of the land territory of the coastal state which is beyond the territorial sea to a maximum depth of 200 meters or more along can be proved still really a unified whole of the mainland coast of the country naturally

Article 76 of UNCLOS confirms that the continental shelf is:

"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 the distance of 200 nautical miles from the baselines from roomates the breadth of the territorial Measured sea is where the outer edge of the continental margin does not extend up to that distance "

f. Seabed (Deep Seabed and the Ocean Floor)

Original status of the seabed and ocean floor debate between res nullius and res communis, but the declaration that set it was agreed that the ocean floor is the "common heritage of mankind" a concept that is closer to the res communis rather than res nullius.

Articles 133-191 of UNCLOS regulates that in principle it considers that:

1. Seabed resources are the common property of mankind

2. Status of the ocean floor does not affect the status of the high seas

3. Basic ocean exploitation should be done in accordance with the provisions stipulated in the 1982 Convention

4. Some of the requirements established for countries or multinationals will exploit seabed areas include the obligation to announce a plan of work, the contract is done, the expected development, technology transfer to all state and contract term is certain and clear.

These things have made many developed countries are reluctant to ratify the 1982 convention.

g. The high seas (the High Seas)

Article 2 of the Geneva Convention says that the high seas should be open to all countries. That no country may claim that the high seas are part of its territory. Remove the sea there is freedom of sailing, fishing, laying submarine cables and pipelines as well as the kind of freedom to fly over the open sea air. Freedom is followed by guaranteed by Article 87 of UNCLOS

Article 6 of the Geneva Convention confirms that the ship is sailing in the open sea areas should show the flag country of the vessel and thus has the exclusive authority to enforce the law of the flag state of the vessel in the region. It is also guaranteed in Article 92 of UNCLOS.

However there are some exceptions to principles derived from the international customary law, namely:

1. If there is a collision or accident the sea. See Lotus Case (1927) PCIJ Reports, Series A No. 10

2. The right to enter the ship to the nearest coastal state if there has been a strong suspicion of piracy (pirates) or the slave trade. See Molvan v Attorney-General for Palestine (1948) AC 351

3. Hot Pursuit, as stipulated in Article 23 of the Geneva Convention. See also the I'm Alone (1935) 3 RIAA 1609

h. Exclusive Economic Zone (the Exclusive Economic Zone)

Article 55 of UNCLOS states that the exclusive economic zone is an area beyond the territorial sea, but still is not as far as it goes beyond 200 nautical miles.

Article 56 (1) states that the rights of coastal states in the EEZ is:

1. exploration, exploitation, conservation and preservation of natural resources on both biological and biological areas including the ocean floor and underground exploration of the sea.

2. included in this are the activities to establish artificial islands, installations or other buildings; scientific research and the steps marine environmental protection.

Adapted from http://bennysetianto.blogspot.com/2006/05/hukum-laut-internasional.html

Post title : The term-term in the Law of the Sea
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