INTERNATIONAL LAW W.B. Fisch, Winter 2003 Assignment #31
D. The Territorial Sea and Straits
REGINA V. KEYN, p. 689 (G.B. Exch. 1876)
What is the nature and purpose of the “territorial sea”?
how does it differ from land territory? Is it a right of exclusion?
What was the relevance of the territorial sea for the particular case?
UNCLOS art. 27 (1982): does this change the rule applied in Keyn?
"Innocent Passage" through territorial sea
Does it extend to warships?
Corfu Channel Case (ICJ 1949): customary IL on innocent passage
(UK warships covered, where they were not in military formation and did
not have guns in battle position)
UNCLOS art. 19(2) excludes various kinds of military exercise from "innocence"
UNCLOS art. 20: submarines must surface
Does it extend to aircraft? UNCLOS art. 17: ships only
"Transit passage" through straits "used for international navigation"
Creature of UNCLOS, compensation for extension of TS to 12 miles (closing
off many straits formerly part of HS)
Extends to aircraft overflight
Does not require subs to surface
Must be continuous and "without delay"
Contiguous Zone and "hot pursuit" (art. 111)
generally
"mother ship" problem
E. The Deep Seabed ("The Area")
Principles: Declaration of Principles, p. 707 (UNGA Res. 1970),
and UNCLOS Part. XI
"common heritage of mankind", art. 136; all rights vested in "mankind as
a whole"
carried out for benefit of "mankind as a whole", art. 140
Institutions
The Authority
The Enterprise (much of this superseded by 1994 Agreement that got US in)
½ of any mining claims go to it
funding from national and private mining operations
duty to share technology with it?
1994 Agreement
International Tribunal for LOS, Deep Seabed Chamber