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THE LAW OF

海洋法. THE SEA. THE LAW OF. Definition: The law of the sea governs the relations of states in respect of the marine territory subject to coastal state jurisdiction and those areas of the sea and seabed beyond any national jurisdiction.

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THE LAW OF

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  1. 海洋法 THE SEA THE LAW OF

  2. Definition: The law of the sea governs the relations of states in respect of the marine territory subject to coastal state jurisdiction and those areas of the sea and seabed beyond any national jurisdiction The final text of convention is the 1982 Convention on the Law of the Sea coming into force in November 1994

  3. 领海 The Territory Sea 国际海峡 International Straits 毗连区 The Contiguous Zone 专属经济区 The Exclusive Economic Zone (EEZ) 大陆架 Continental Shelf 公海 The High sea

  4. The Territory Sea领海 Baselines 基线P121 The width of the territorial and other marine zones is calculated from them. • Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines • Normal baseline • the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State. • Straight baselines • Article7:In localities where the coastline is deeply indented and cut into, or ifthere is a fringe of islands along the coast in its immediate vicinity, the method of straight baselines joining appropriate points may be employed in drawing the baseline from which the breadth of the territorial sea is measured. Baselines 基线P121

  5. Bays 海湾 Normal:A closing line may be drawn between two low-water marks of the natural entrance points of a bay, between which the distance does not exceed 24 nautical miles, and the waters enclosed thereby shall be considered as internal waters. Otherwise, a straight baseline of 24 nautical miles shall be drawn within the bay in such a manner as to enclose the maximum area of water that is possible with a line of that length. Special: historic bays Islands 岛屿 An island is a naturally formed area of land, surrounded by water, which is above water at high tide. Islands possess baselines for all maritime zones except that rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf.

  6. Archipelago 群岛 • An archipelagic State may draw straight archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the archipelago provided that within such baselines are included the main islands and an area • Ships of all States may enjoy the right of innocent passage through archipelagic waters and the right of archipelagic sea lanes passage Internal waters 内陆水域（内水） • The waters on the landward side of the baseline are internal waters over which a state enjoys full territorial sovereignty

  7. Innocent passage 无害通过 Right of innocent passage ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea. Article19 1. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law.

  8. International Straits 国际海峡 P125 • Transit passage (过境通行) It means the exercise of the freedom of navigation and overflight solely for the purpose of continuous and expeditious transit of the strait between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone. However, the requirement of continuous and expeditious transit does not preclude passage through the strait for the purpose of entering, leaving or returning from a State bordering the strait, subject to the conditions of entry to that State. Scope : Straits which are used for international navigation between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone. • Innocent passage

  9. The Contiguous Zone 毗连区 • 沿海国可以在领海以外毗邻领海划定一定宽度的海水带，在此区域中，沿海国对海关、财政、移民和卫生等特定事项行使某种管制权，这个区域称为毗连区。 Scope： • Article33 • 2. The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured.

  10. Only exercise restricted jurisdiction Article33 • 1. In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the control necessary to: • (a) prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea; • (b) punish infringement of the above laws and regulations committed within its territory or territorial sea.

  11. The Exclusive Economic Zone （EEZ）专属经济区 P126 Definition： The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Convention. Scope: Extend up to 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.

  12. Article56 Rights, jurisdiction and duties of the coastal State in the exclusive economic zone 1. In the exclusive economic zone, the coastal State has:(a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds;(b) jurisdiction as provided for in the relevant provisions of this Convention with regard to: (i) the establishment and use of artificial islands, installations and structures; (ii) marine scientific research; (iii) the protection and preservation of the marine environment;(c) other rights and duties provided for in this Convention.2. In exercising its rights and performing its duties under this Convention in the exclusive economic zone, the coastal State shall have due regard to the rights and duties of other States and shall act in a manner compatible with the provisions of this Convention.3. The rights set out in this article with respect to the seabed and subsoil shall be exercised in accordance with Part VI.

  13. 涟漪 • Continental Shelf-大陆架 • （一）definition(P126)

  14. 涟漪 • Continental Shelf-大陆架 • Continental Shelf of a coastal State comprises 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 a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance.

  15. 涟漪 • Continental Shelf-大陆架

  16. 涟漪 • Article77(P127) • Rights of the coastal State over the continental shelf • 1. The coastal State exercises over the continental shelf sovereign rights for the purpose of exploring it and exploiting its natural resources. • 2. The rights referred to in paragraph 1 are exclusive in the sense that if the coastal State does not explore the continental shelf or exploit its natural resources, no one may undertake these activities without the express consent of the coastal State.

  17. 3. The rights of the coastal State over the continental shelf do not depend on occupation, effective or notional, or on any express proclamation. 4. The natural resources referred to in this Part consist of the mineral and other non-living resources of the seabed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil.

  18. 涟漪 • EEZ(Exclusive Economic Zone) • Article55 • Specific legal regime of the exclusive economic zone • The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Convention.

  19. 涟漪 • The High sea • High seas is defined as the areas of the sea within which no State sovereignty or jurisdiction may be claimed or exercised.

  20. The provisions of this Part apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. This article does not entail any abridgement of the freedoms enjoyed by all States in the exclusive economic zone in accordance with article 58.

  21. 涟漪 • Freedom of the high seas • 1. The high seas are open to all States, whether coastal or land-locked. Freedom of the high seas is exercised under the conditions laid down by this Convention and by other rules of international law. It comprises, inter alia, both for coastal and land-locked States:

  22. 涟漪 • (a) freedom of navigation; • (b) freedom of overflight; • (c) freedom to lay submarine cables and pipelines, subject to Part VI; • (d) freedom to construct artificial islands and other installations permitted under international law, subject to Part VI; • (e) freedom of fishing, subject to the conditions laid down in section 2; • (f) freedom of scientific research, subject to Parts VI and XIII.

  23. 涟漪 • 2. These freedoms shall be exercised by all States with due regard for the interests of other States in their exercise of the freedom of the high seas, and also with due regard for the rights under this Convention with respect to activities in the Area.

  24. Invalidity of claims of sovereignty over the high seas No State may validly purport to subject any part of the high seas to its sovereignty. Right of navigation Every State, whether coastal or land-locked, has the right to sail ships flying its flag on the high seas.

  25. 涟漪 • Nationality of ships • 1. Every State shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag. Ships have the nationality of the State whose flag they are entitled to fly. There must exist a genuine link between the State and the ship. • 2. Every State shall issue to ships to which it has granted the right to fly its flag documents to that effect.

  26. Status of ships 1. Ships shall sail under the flag of one State only and, save in exceptional cases expressly provided for in international treaties or in this Convention, shall be subject to its exclusive jurisdiction on the high seas. A ship may not change its flag during a voyage or while in a port of call, save in the case of a real transfer of ownership or change of registry. .

  27. 2. A ship which sails under the flags of two or more States, using them according to convenience, may not claim any of the nationalities in question with respect to any other State, and may be assimilated to a ship without nationality. .

  28. The International Seabed 国际海底区域 • Definition： • The International Seabed refers to the area of the seabed beyond the continental shelf. • 国际海底区域： • 简称“区域”,指国家管辖范围以外的海床洋底及其底土，即各国的大陆架外部界限以外的深海洋底及其底土。

  29. Development In 1969 A moratorium on deep seabed activities 联合国大会通过了暂停深海海底活动的要求 The Declaration of Principles Governing the Seabed and Ocean Floor and the Subsoil Thereof, beyond the Limits of National Jurisdiction was adopted 《关于管理国家管辖范围之外的海底、洋底和底土原则宣言》，于1970年通过。旨在规范各国对深海勘探和开发活动，保护人类共同遗产 In 1970 Parties to the 1982 Convention on the Law of the Sea may get licenses from the Authority to conduct activities in the seabed 1982年海洋法公约的参与国在国际海底进行各种活动，可以从国际海底管理局得到许可 In 1982 Some states have decided to establish their own temporary regime for the deep seabed, known as the ‘Reciprocating State Regime’ 一些发达国家就决定绕过国际海底管理局的管理，自行立法授权企业开展对深海海底的勘探和开发，这被称之为互助国家机制 The controversy over 1982 Convention The 1994 Agreement on Implementation of the Seabed Provision of the Convention on the Law of the Sea 《1994年关于执行1982年涉及海底的条款的协定》的签署促使美国等发达国家参加，使1982年的公约更具有普遍性 In 1994

  30. Settlement of Disputes 争端解决 • Under Article 279,every state party has a duty to ‘proceed expeditiously to an exchange of views regarding its settlement by negotiation or other peaceful means’ , where a dispute arises. • 《海洋公约》第279条，每个国家都有义务就出现争端“以谈 判或其他方式迅速的交换意见”。

  31. The Corfu Channel Case • On October 22nd, 1946, two British cruisers and two destroyers, coming from the south, entered the North Corfu Strait. The channel they were following, which was in Albanian waters, was regarded as safe: it had been swept in 1944 and check-swept in 1945. One of the destroyers, the Saumarez, when off Saranda, struck a mine and was gravely damaged. The other destroyer, the Volage, was sent to her assistance and, while towing her, struck another mine and was also seriously damaged. Forty-five British officers and sailors lost their lives, and forty-two others were wounded.

  32. An incident had already occurred in these waters on May 15th, 1946: an Albanian battery had fired in the direction of two British cruisers. The United Kingdom Government had protested, stating that innocent passage through straits is a right recognized by international law; the Albanian Government had replied that foreign warships and merchant vessels had no right to pass through Albanian territorial waters without prior authorization; and on August 2nd, 1946, the United Kingdom Government had replied that if, in the future, fire was opened on a British warship passing through the channel, the fire would be returned.

  33. After the explosions on October 22nd, the United Kingdom Government sent a Note to Tirana announcing its intention to sweep the Corfu Channel shortly. The reply was that this consent would not be given unless the operation in question took place outside Albanian territorial waters and that any sweep undertaken in those waters would be a violation of Albania's sovereignty.

  34. Sentence • In its Judgment the Court declared on the first question, by 11 votes against 5, that Albania was responsible • In regard to the second question, it declared by 14 votes against 2 that the United Kingdom did not violate Albanian sovereignty on October 22nd; but it declared unanimously that it violated that sovereignty on November 12th/13th, and that this declaration, in itself, constituted appropriate satisfaction.

  35. Thank You ~

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