3. State Territory and State Sovereignty.pptx

This presentation give detailed insight into the state.

1. STATE TERRITORY AND SOVEREIGNTY Part 1 Land Territory

2. Concept of State Territory The concept of the State is rooted in the concept of control of Territory . The purpose and role of every state is to control activities within its borders so far as possible, to ensure that the activities within its borders are not regulated by any other state . 2

3. This idea is expressed in Int law through the concept of sovereignty. “Sovereignty in the relations between States signifies independence in regards to a portion of the globe is the right to exercise therein ,to the exclusion of any other State, the functions of a State. 3

4. State Territory This is defined as portion of the surface of the globe which is subjected to the Sovereignty of a State. International Law recognizes the supreme authority of every State within its territory . This is known as Territorial Sovereignty 4

5. The Significance of State Territory Territory is a basic requirement of statehood and, within its territory, a State enjoys and exercises sovereignty. Territorial sovereignty extends over the designated land mass, sub-soil, inland waters, territorial sea and the airspace above the land, internal waters and territorial sea. 5

6. Different Parts of State Territory Three main parts Land Territory: (all land areas within the boundaries of State including Rivers, lakes, canals, ports etc) Maritime Territory: ( Sea territory of the coastal state) Air Space: ( Air space above land and sea territory) 6

7. A state without a territory is not possible , although the necessary territory may be very small, as with the Principality of Monaco . Monaco is a small independent country in Western Europe and the second smallest independent state in the world, after Vatican City. It is located on the Mediterranean Sea along the southern coast of France, 18 kilometers east of the French city of Nice, near Italy’s border. 7

8. Land Territory Modes of Acquiring Sovereignty over Territory Five Traditional Modes Occupation Prescription Cession Conquest Accretion 8

9. Others include Lease Adjudication Pledge Plebiscite Newly Emerged State Discovery 9

10. Modes of Loosing Sovereignty over Territory Cession Natural Calamity Subjugation Prescription Revolt Granting of Independence to colony 10

11. Modes of Acquiring Sovereignty over Territory Occupation : is the intentional acquisition by a State of Sovereignty over a territory which is at the time not under the sovereignty of another State An act of appropriation by a state over a territory which does not belong to any other state. 11

12. Essentials Elements For Effective Occupation: There are two essential elements The Territory in question must be terra nullius. ( A territory belonging to no one at the time of the act alleged to constitute occupation) Occupation must be effective Direct evidence of possession. (There must be an intention to occupy (animus occupandi) An exhibition of actual authority. ( actual exercise of State functions over the territory ( Corpus Occupandi ) 12

13. Prescription This can be defined as the peaceful and continuous exercise of the State authority for a long period of territory subject to the sovereignty of another . If a state exercises control over a territory continuously for a long time without any interruption and possess it defacto , the concerned territory becomes part of that state. 13

14. Essential elements Peaceful and uninterrupted display of authority. ( There must not be protest or objection by the former sovereign.) Continuous display of authority. Possession should be for a definite period not less than 20 years . Possession must be exercised in the form of actual exercise of sovereign authority. 14

15. Display of State authority by the acquiring state is to be accompanied by compliance on the part of the loosing State Possession must be public and open. Possession must be for a certain length of time . International law does not fix any certain time so as to a title by prescription, however length of time required for prescription is a matter which should be decided by international court of justice or tribunal where the case is brought for adjudication.. 15

16. Conquest and Annexation It is the acquisition of the territory of an enemy through the military force in time of war. After Conquest usual practice was that the conqueror finally annexed the enemy territory. 16

17. This mode is outdated now. The UN charter, international Law restricts the rights of States to go to war. By virtue of Art 2(4) of the charter, the use of force against the territorial integrity and political independence of a State is now illegal . The 1970 GA Declaration on principles of international Law ( GA resolution 2625) states “The territory of a State shall not be the object of acquisition by another State resulting from threat or use of force. No territorial acquisition resulting from threat or use of force shall be recognized as legal.” 17

18. Cession Cession is the transfer of sovereign over a definite territory by one state to another state. (usually by treaty). The situation is rather like the transfer of property in municipal law. Therefore there may be sometimes exchange of territory. 18

19. Forms of Cession : Voluntary. Under compulsion. There are number of sales of territory. France sold Louisiana to the US for 60 million francs in 1803. In 1867 , Russia sold her Alaskan territory in America. In 1899, Spain sold the Caroline islands to Germany. 19

20. Accretion And Avulsion Accretion : When a new territory is added, mainly through natural causes to existing territory, that is already under sovereign of acquiring state. In accretion this process is a gradual and slow process e . g gradual movement of a river bed. Forms of Accretion : Artificial. Natural. 20

21. Avulsion: When a new territory is added, mainly through natural causes to existing territory, that is already under sovereign of acquiring state. In avulsion the process is sudden and fast e.g by the creation of an island in territorial waters by volcanic action. 21

22. Plebiscite No definite rules. A new territory may be acquired after the right of self determination. E.g West Irian (Java) both Netherlands and Indonesia claimed territory. Through plebiscite assigned to Indonesia. 22

23. Newly Emerged State Former colony when liberates acquire territorial sovereignty over the territory. 23

24. Discovery The oldest method of acquiring title to territory. However, discovery alone would not suffice to establish legal title. It is necessary that the discovered area must be physically occupied. Related to title by discovery is the hinterland doctrine or the principle of continuity . If a state has made a settlement, it has a right to assume sovereignty over all adjacent vacant territory, which is necessary to the integrity and security of the settlement. 24

25. Modes of Loosing Sovereignty over Territory Cession : the acquisition of territory by one state is loss to the other. the act of cession may be in the nature of gift, sale, exchange or lease. 25

26. Operation of nature/ Natural Calamity : A state may lose territory by operation of nature for e. g. by earthquake, a coast of the sea a Island may altogether disappear. Subjugation : As a state may acquire territory through annexation the other state may lose it through subjugation. 26

27. Revolt: When a new state takes birth in consequences of revolution or revolt it would be lost of territory by revolt. Renunciation: Renunciation is a mode of losing territory by official rejection. It is the very opposite of the prescription which requires both possession and intention. 27

28. Independence to a Colony : Granting of independence to a colony is also a mode of losing imperialist state grants independence to the areas under its control. Kinds of cession : Valid: Any act which indicates an intention to transfer sovereignty is sufficient. Voluntary: The act of cession may be voluntary or under compulsion as a result of war. 28

29. Principles Significant In Territorial Disputes consensus: This arises from the absence of protest. The term compliance is applied to the attitude of the losing state in a dispute. 29

30. Internal waters are legally equivalent to a state’s land, and are entirely subject to its territorial sovereignty. lakes, canals, rivers and their mouths, ports, harbors, sometimes waters landward of fringing islands, and some of its gulfs and bays. 30 Internal waters

31. Rivers: Rivers are part of the territory of the riparian state. (1) Internal River/ National Rivers . If a river lies wholly, that is, from its source to its mouth, within the boundaries of one and the same state, such state owns it exclusively, the waters of the river and of its mouth being national or internal waters. Such rivers may be called national rivers. 31

32. (2) Boundary River Boundary rivers which separate different states from each other. Boundary rivers belong to the territory of the states they separate, The boundary line usually running either through the middle of the river 32

33. (3) Multinational River, Pluri -national River rivers which run successively through two or more states such rivers belong successively to the territories of the states drained by them. 33

34. STATE TERRITORY AND SOVEREIGNTY Part 2 Air Space

35. As the airplane developed during the first decade of 20 th century, the question arose as to the sovereignty of each nation in the airspace above it. “Should airspace above a nation be considered within the sovereignty of each nation or should airspace, like the high seas, be considered international ?” Two principle theories of national sovereignty of airspace were advocated by international jurists: The air is free and therefore individual states have no authority over it, either in time of peace or in time of war, except when necessary for self-preservation. The opposing view held that the individual states indeed have a right of sovereignty over the airspace above their soil. They claimed that aircraft flying only a few miles over the land are in a position to observe, photography and obtain data that might be used to the disadvantage of the nation over which the aircraft are flown. 35

36. Legal Framework

37. THE PARIS CONVENTION-1919 On October 13, 1919 , the convention, with its annexes, was agreed upon, adopted and opened the signature by the representatives of 32 allied and associated powers represented at the peace conference. The 34 articles covered the reservation of sovereignty of airspace by the contracting nations; each nation’s registry of aircraft the issuance of certificates of airworthiness and competence by each contracting nation the flight of aircraft across foreign territory international aircraft navigation rules prohibition of the transportation of arms, explosives and photographic equipment by aircraft the establisment and maintenance of a permanent commission for air navigation. 37

38. THE WARSAW CONVENTION-1929 It is the convention for the unification of certain rules relating to international transportation by air applies to any intarnational transportation of persons, baggage or merchandise by aircraft compensations. The Warsaw Convention provided that an air carrier was liable for damages sustained by: Death or injury to the passengers Destruction, loss or damage to baggage or goods Loss resulting from delay in the transportation of passengers, baggage or merchandise. THE CHICAGO CONFERENCE-1944 Worl d War II had a tremendous impact on the technical development of air transportation, but there were many problems on political, legal, economical and technical subjects. Therefore, representatives of 52 nations assembled in Chicago in November, 1944. The aim of the conference was to foster development of international civil aviation “ in a safe and orderly manner ” to establish international air transport service on the basis of equality of service. The Chicago Conference established the International Civil Aviation Organization (ICAO ) to foster the planning and development of international air transport. 38

39. The contracting states were required to undertake to secure the highest degree of uniformity in complying with international standards and practices with respect to the followings: Communication systems and air navigation aids Characteristics of airports and landing areas Rules of air and air traffic control practices Licensing of operating and mechanical personnel Airworthiness of aircraft. Registration and identification of aircraft Collection and exchange of meteorological information Logbooks Aeronautical maps and charts Customs and immigration procedures Aircraft in distress and investigation of accidents and other matters concerning the safety, regularity and efficiency of air navigation . 39

40. TOKYO CONFERENCE-1963 . T he State of Registration of an aircraft is competent to exercise jurisdiction over offences and acts committed on board. O ffences wherever committed should not go unpunished. As certain acts committed on board or may prejudice good order and discipline on board, the aircraft commander and others are empowered to prevent such acts being committed and to disembark the person concerned. In the case of an anticipated or actual unlawful or forcible seizure of an aircraft in flight by a person on board, the States party to the Convention are obliged to take all appropriate measures to restore and preserve control of the aircraft to its lawful commander. HAGUE CONFERENCE-1970 Convention for the Suppression of Unlawful Seizure of Aircraft was signed at the Hague in December 1970. The Convention defines the Act of Unlawful Seizure of Aircraft, and lists which Contracting States have undertaken to make such offences punishable by severe penalties. The Convention contains detailed provisions on the establishment of jurisdiction by States over the offence, on the taking of the offender into custody and on the prosecution or extradition of the offender. 40

41. MONTREAL CONFERENCE-1971 This convention came into force on 26 January 1973 . It is mainly concerned with acts other than those pertaining to the unlawful seizure of aircraft. For example: Acts of violence on board which endanger people and property and safety of the aeroplane. The destruction of an aircraft in service or causing damage which renders it incapable of flight or which is likely to endanger its safety in flight. Placing in an aircraft any device likely to destroy, damage or render unfit for flight any aircraft. Destroying or damaging any air navigation facility or interference with its correct operation. The communication of information known to be false which endangers the safety of an aeroplane in flight. THE PROTOCOL SUPPLEMENTARY TO THE MONTREAL CONVENTİON OF 197 1 This protocol was adopted by a conference, which met at Montreal in 1988. It extends the definition of offence given in the 1971 Convention to include specified acts of violence at airports serving international civil aviation. Such acts include: The international and unlawful use of any device, substance or weapon in performing an act of violence against a person at an airport serving international civil aviation, which causes or is likely to cause serious injury or death. The international and unlawful use of any device, substance or weapon to: a. Destroy or seriously damage the facilities of an airport. b. Destroy or seriously damage aircraft not in service at the airport. c. Distrupt the services at an airport. 41

42. FREEDOMS OF THE AIR

43. The freedoms of the air are a set of commercial aviation rights granting a country’s airline the privilege to enter and land in another country’s airspace. formulated as a result of disagreements over the extent of aviation liberalization in the Convention on International Civil Aviation of 1944, known as the Chicago Convention. The freedoms of the air are the fundamental building blocks of the international commercial aviation route network The United States had called for a standardized set of separate air rights which may be negotiated between states, but most of the other countries involved were concerned that the size of the U.S. airlines would dominate all world air travel if there were not strict rules. 43

44. First Freedom of the Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State or States to fly across its territory without landing (also known as a First Freedom Right). 44

45. Second Freedom of the Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State or States to land in its territory for non-traffic purposes ( also known as a Second Freedom Right). 45

46. Third Freedom of The Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State to put down, in the territory of the first State, traffic coming from the home State of the carrier (also known as a Third Freedom Right). 46

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48. Fourth Freedom of The Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State to take on, in the territory of the first State, traffic destined for the home State of the carrier (also known as a Fourth Freedom Right). 48

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50. Fifth Freedom of The Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State to put down and to take on, in the territory of the first State, traffic coming from or destined to a third State (also known as a Fifth Freedom Right). 50

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52. ICAO characterizes all “freedoms” beyond the Fifth as “so-called” because only the first five “freedoms” have been officially recognized as such by international treaty. Sixth Freedom of The Air - the right or privilege, in respect of scheduled international air services, of transporting, via the home State of the carrier, traffic moving between two other States (also known as a Sixth Freedom Right). The so-called Sixth Freedom of the Air, unlike the first five freedoms, is not incorporated as such into any widely recognized air service agreements such as the “Five Freedoms Agreement”. 52

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54. Seventh Freedom of The Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State, of transporting traffic between the territory of the granting State and any third State with no requirement to include on such operation any point in the territory of the recipient State, i.e the service need not connect to or be an extension of any service to/from the home State of the carrier. 54

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56. Eighth Freedom of The Air - the right or privilege, in respect of scheduled international air services, of transporting cabotage traffic between two points in the territory of the granting State on a service which originates or terminates in the home country of the foreign carrier or (in connection with the so-called Seventh Freedom of the Air) outside the territory of the granting State (also known as a Eighth Freedom Right or “consecutive cabotage ”). 56

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59. Ninth Freedom of The Air - the right or privilege of transporting cabotage traffic of the granting State on a service performed entirely within the territory of the granting State (also known as a Ninth Freedom Right or “stand alone" cabotage ). 59

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62. STATE TERRITORY AND SOVEREIGNTY Part 3 Maritime Territory

63. The Law of the Sea History Sources of the law of the sea Codification The Hague Codification Conference of 1930 UNCLOS I 1958 UNCLOS II 1960 UNCLOS III 1973-1982 1982 United Nations Convention on the Law of the Sea

64. Maritime areas: Baselines Territorial Sea Contiguous Zone Exclusive Economic Zone Continental Shelf High Seas The Area Archipelagic Waters International Straits

65. Delimitation of Maritime Areas The Sea-Bed Authority Protection of the Marine Environment Settlement of Disputes Supplementary Reading

66. History 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 17 th century . However , there are many examples of collections of rules and maritime customs in the Middle Ages (i.e. Rhodian Sea Law , a Byzantine work compiled between 7 th and 9 th centuries, 12 th century Rolls of Oleron from France, Consolato del Mare, published in Barcelona in the middle of the 14 th century, Maritime Code of Wisby from approx. 1407, followed by the Hanseatic League ). Maritime customs began to be accepted throughout Europe.

67. Great geographical discoveries In the 15 th and 16 th centuries claims were laid by the powerful maritime states, especially Portugal and Spain, to the exercise of sovereignty over vast portions of the seas. Portugal claimed maritime sovereignty over the whole of the Indian Ocean and a very big part of the Atlantic . Spain claimed rights over the Pacific and the Gulf of Mexico. The division of the seas and oceans between Spain and Portugal by the 1494 Treaty of Tordesillas was approved by the Pope. 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.

68. Hugo Grotius ( 1583-1645) Grotius , the Dutch lawyer who is considered to be the father of international law, is regarded as the father of the law of the sea as well. Grotius was one of the first to attack claims to sovereignty over high seas. In his seminal work on the subject, Mare Liberum (The Freedom of the Seas ), published in 1609, Grotius articulated the principle of the freedom of the seas, meaning that the sea should be free and open to use by all countries. His argument was based on two grounds: No sea or ocean can be the property of a nation because it is impossible for any nation effectively to take it into possession by occupation. Nature does not give a right to anybody to appropriate things that may be used by everybody and are exhaustible.

69. The Law of the Sea - Sources Customary law International treaties 1494 Treaty of Tordesillas 1774 Russia – Turkey on Perpetual Peace and Amity 1815 Act of the Congress of Vienna 1884 Paris Convention for the Protection of Submarine Cables 1888 Convention on the Free Navigation of the Suez Canal 1903 Panama – USA Convention for the Construction of a Ship Canal 1907 Convention concerning the Rights and Duties of Neutral Powers in Naval Warfare 1907 Convention relative to the Laying of Automatic Submarine Contact Mines 1910 Brussels Convention for the Unification of certain Rules relating to Assistance and Salvage at Sea 1923 Geneva Convention and Statute on the Regime of Maritime Ports

70. The Law of the Sea - Codification The Hague Codification Conference of 1930 The Conference was unable to adopt a convention concerning territorial waters as no agreement could be reached on the question of the breadth of territorial waters and the problem of the contiguous zone . There was, however , some measure of agreement regarding the legal status of territorial waters, the right of innocent passage and the baseline for measuring the territorial waters.

71. The Law of the Sea - Codification UNCLOS I, Geneva 1958 Convention on the Territorial Sea and Contiguous Zone Convention on the Continental Shelf Convention on the High Seas Convention on the Fishing and Conservation of Living Resources of the High Seas

72. The Law of the Sea - Codification UNCLOS II 1960 The main purpose of UNCLOS II was to determine the breadth of the territorial sea . The Conference failed to agree on the British 6+6 compromise (6 miles territorial sea + 6 miles contiguous zone ) proposal.

73. The Law of the Sea - Codification UNCLOS III 1973-1982 UNCLOS III experience has been described as “the largest, most technically complex, continuous negotiation attempted in modern times” (R.L. Friedheim ). UNCLOS III negotiated on the basis of consensus, as a package deal with the understanding that no reservations to the Convention be permitted. On April 30 1982 The United Nations Convention on the Law of the Sea was adopted by voting. 130 states voted in favour, 4 against (USA, Israel, Turkey and Venezuela) and 17 abstained.

74. The Law of the Sea - Codification 1982 United Nations Convention on the Law of the Sea The United Nations Law of the Sea Convention was signed by 117 states on December 10, 1982 in Montego Bay, Jamaica. The Convention entered into force in on November 16, 1994 after being ratified by 60 states. The Convention consists of 17 parts with 320 articles and 9 annexes The Convention is a comprehensive code of rules of international law on the sea. The greater part of the Convention reflects already existing customary and conventional (1958 Conventions) law of the sea. However , much of the previous law was thereby changed and many new rules introduced.

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78. Baselines With one exception relating to the outer limit of the continental shelf, all maritime zones are measured from the baseline which was originally associated with the measurement of the breadth of the territorial sea Under article 5 of UNCLOS (in Part II) there are two kinds of baselines – the normal and the straight baseline 78

79. Baselines Normal baseline (Article 5) The normal baseline for measuring the breadth of the territorial sea is the low water line along the coast as marked on large-scale charts officially recognized by the coastal State. Straight baselines (Article 7) In localities where the coastline is deeply indented and cut into, or if there 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. Combination of methods for determining baselines (Article 14) The coastal State may determine baselines in turn by any of the methods provided for in the foregoing articles to suit different conditions .

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82. Internal Waters Internal waters (Article 8) Waters on the landward side of the baseline of the territorial sea form part of the internal waters of the State . The coast state enjoys the same complete territorial sovereignty over the internal waters as it does over its land domain Mostly waters in a port area are part of internal waters because the baseline is usually drawn along the outer perimeter of the port Although, there is no international consensus, arguably a foreign ship has no inherent right to enter a port and must obtain inward clearance (see however, the Aramco Arbitration of 1958) Also under customary international law, a ship in distress is entitled to port entry if human life is at risk

83. Bays (Article10) For the purposes of this Convention, a ba y is a well-marked indentation whose penetration is in such proportion to the width of its mouth as to contain land-locked waters and constitute more than a mere curvature of the coast. An indentation shall not, however, be regarded as a bay unless its area is as large as, or larger than, that of the semi-circle whose diameter is a line drawn across the mouth of that indentation. Where the distance between the low-water marks of the natural entrance points of a bay exceeds 24 nautical miles, 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. 83

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86. Territorial Sea 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 determined in accordance with this Convention (Article 3) The outer limit of the territorial sea is the line every point of which is at a distance from the nearest point of the baseline equal to the breadth of the territorial sea (Article 4)

87. The territorial sea is the seaward extension of the land territory of the coastal state (Part II) Under UNCLOS its breadth is 12 nm measured from the baseline. Previously under customary law and state practice it was 3 nm based on the “cannon-shot rule” except in the Scandinavian countries where it was 4 nm. 87

88. Territorial Sea: Innocent Passage Right of innocent passage (Article17 ) Ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea. Passage shall be continuous and expeditious . However , passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress . Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. The Convention (Article 19 ) includes a list of activities prejudicial to the peace, good order or security of the coastal State (e.g. threat or use of force, exercise with weapons, fishing, propaganda).

89. Contiguous Zone Contiguous zone (Article33) 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. The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured.

90. Exclusive Economic Zone The exclusive economic zone is an area beyond and adjacent to the territorial sea. In the exclusive economic zone, the coastal State has: 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 ;

91. jurisdiction as provided for in the relevant provisions of this Convention with regard to: the establishment and use of artificial islands, installations and structures; marine scientific research; the protection and preservation of the marine environment. The width of the EEZ is 188 nm measured from the outer limit of the territorial sea to 200 nm from the baseline. The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. 91

92. The EEZ is neither a part of the territorial sea nor the high seas and is therefore rightly referred to as a regime sui generis The EEZ consists of the superjacent waters in the zone as well as the seabed and subsoil underlying the waters. 92

93. Continental Shelf The 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 . the outer limit of the continental shelf shall not exceed 350 nautical miles from the baselines from which the breadth of the territorial sea is measured.

94. The regime of the continental shelf in UNCLOS Part VI has its roots in the Truman Proclamation of 1945 in which President Truman stated that “the natural resources of the subsoil and seabed of the continental shelf beneath the high seas but contiguous to the coasts of the United States as appertaining to the United States, subject to its jurisdiction and control” The continental shelf is both a legal doctrine as well as a geological phenomenon and is described as “the natural prolongation of the continental land mass” taking account of the marine geological concept of features being either “oceanic ” or continental As depicted in the diagram above the continental shelf consists of three components, namely, the shelf, the slope, and the rise collectively known as the continental margin and is reflected in the definition in Article 76 Seaward of the continental margin lies the abyssal plain which is a part of the deep seabed under UNCLOS. 94

95. High Seas High seas regime applies in 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 The high seas are open to all States, whether coastal or land-locked. It comprises, inter alia , both for coastal and land-locked States: freedom of navigation; freedom of over flight ; freedom to lay submarine cables and pipelines; freedom to construct artificial islands and other installations permitted under international law; freedom of fishing; freedom of scientific research.

96. Part 7 of UNCLOS deals with High Seas which is not a maritime zone of a coastal state but is of crucial significance in respect of the coastal State’s rights and jurisdiction The regime of High Seas under UNCLOS is based on the doctrine of freedom of the seas or mare liberum enunciated by Hugo Grotius and also on the Roman law doctrine of res communis or res publico Article 88 expressly provides for the High Seas to be reserved for peaceful purposes 96

97. Articles 101 to 108 deal with the topical issue of high seas piracy which is considered to be a jus cogens (peremptory norm of international law) crime. With respect to piracy, universal jurisdiction is applicable in the high seas; in other words, all states have the right to take action and the duty to cooperate in the repression of piracy The coastal State has no jurisdiction in the high seas except where the doctrine of hot pursuit is applicable under Article 111 or under the Intervention Convention of 1969 where there is imminent threat of pollution to its coast line or coastal interests. 97

98. The Area The Area and its resources are the common heritage of mankind (Article 136) No State shall claim or exercise sovereignty or sovereign rights over any part of the Area or its resources , nor shall any State or natural or juridical person appropriate any part thereof. No such claim or exercise of sovereignty or sovereign rights nor such appropriation shall be recognized. All rights in the resources of the Area are vested in mankind as a whole, on whose behalf the Authority shall act .

99. INTERNATIONAL STRAITS USED FOR INTERNATIONAL NAVIGATION Straits used for international navigations are 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 zon e. In international straits all ships and aircraft enjoy the right of transit passage, which shall not be impeded. Transit passage means the exercise of the freedom of navigation and over flight solely for the purpose of continuous and expeditious transit between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone. States bordering straits may designate sea lanes and prescribe traffic separation schemes for navigation in straits where necessary to promote the safe passage of ships. There shall be no suspension of transit passage.

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102. ARCHIPELAGIC STATES "archipelagic State" means a State constituted wholly by one or more archipelagos and may include other islands; " archipelago" means a group of islands, including parts of islands. An archipelagic State may draw straight archipelagic baselines joining the outermost points of the outermost islands of the archipelago provided that within such baselines are included the main islands and an area in which the ratio of the area of the water to the area of the land, including atolls, is between 1 to 1 and 9 to 1 . The length of such baselines shall, in principle, not exceed 100 nautical miles. The breadth of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf shall be measured from archipelagic baselines.

103. Archipelagic States

104. Archipelagic States

105. Archipelagic States - Archipelagic Sea Lanes Passage The breadth of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf shall be measured from archipelagic baselines drawn in accordance with article 47. The sovereignty of an archipelagic State extends to the waters enclosed by the archipelagic baselines. This sovereignty extends to the air space over the archipelagic waters, as well as to their bed and subsoil , and the resources contained therein. All ships and aircraft enjoy the right of archipelagic sea lanes passage in such sea lanes and air routes. Archipelagic sea lanes passage means the exercise in accordance with this Convention of the rights of navigation and over flight in the Normal mode solely for the purpose of continuous, expeditious and Unobstructed transit between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone.

106. Delimitation of Maritime Areas – Snake Island Case

107. Delimitation of Maritime Areas – Snake Island Case

108. Land locked States Approximately one-fifth of the world's countries are landlocked and have no access to the oceans. There are 43 landlocked countries that do not have direct access to an ocean or ocean-accessible sea (such as the Mediterranean Sea). They have the disadvantageous situation of needing to rely upon neighboring countries for access to seaports. For example, Ethiopia relies on Eritrea for access to the Red Sea and recent conflicts have made that access difficult. 108

109. Doubly-Landlocked Countries There are two special landlocked countries that are known as doubly-landlocked countries, completely surrounded by other landlocked countries. The two doubly-landlocked countries are Uzbekistan (surrounded by Afghanistan, Kazakhstan, Kyrgyzstan, Tajikistan, and, Turkmenistan) and Liechtenstein (surrounded by Austria and Switzerland). 109

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