Intl Law - Eez, Assage Assignent

\BULAN, JULIE FAITH, A.
BA POLITICAL SCIENCE 4
INTERNATIONAL LAW NOVEMBER 25, 2022
ON THE UN Convention on the LAW OF THE SEA (UNCLOS)
1. What is the baseline method of determining archipelagic territory?

There are two baseline methods in determining archipelagic territory, the normal baseline method
and the straight line base method.
 Normal baseline method. 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. (UNCLOS, art. 5)
 Straight baseline method. Straight lines are drawn connecting selected points on the
coast without departing to any appreciable extent from the general direction of the coast.
The seas lying within the lines must be sufficiently closely linked to the land domain to
be subject to the regime of internal waters. (UNCLOS, art. 7)
2. What are archipelagic waters? Give at least three examples.

- According to Article 47, An archipelagic State's sovereignty extends to the waters bounded by the archipelagic
baselines drawn in, wherein they are called archipelagic waters, regardless of depth or distance from the coast.
As a result, if the country is an archipelago or contains an archipelago, a baseline is drawn between the
outermost points of the islands, assuming that these islands are close to each other. Archipelagic Waters refers
to all water within this area. The state has full sovereignty over these waters, which are like internal waters, and
foreign vessels are permitted to pass through archipelagic waters without incident. (Article 49 of the UN
Convention on the Law of the Sea).
Examples of archipelagos include: The Indonesian Archipelago, The Andaman and the
Philippine Archipelago
3. Distinguish Innocent passage from transit passage and give an example.

- According to, Article 38(2) of UNCLOS, Transit passage refers to the right to exercise 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. Furthermore, the rules governing the right of transit passage through
international straits are fundamental to the naval and air forces of all nations, as well as merchant vessels
and civil aviation
 For example:
Transit Passage Ships and aircraft have the right to unimpeded transit. It must be expeditious and
continuous if :
- Subs can be submerged
–Can have flight ops
–Can’t conduct research
–Follow rules of the road and dumping laws
–Can’t be threatening
- The right of innocent passage for foreign vessels within the territorial sea of a coastal State is defined as
navigation through the territorial sea for traversing that sea without entering internal waters or calling at a
roadstead or port facility outside internal waters or proceeding to or from internal waters or a call at such
roadstead or port facility. The passage must be "continuous and expeditious," but it may include stopping and
anchoring when incidental to ordinary navigation or rendered necessary by unusual circumstances. Furthermore,
Article 19 of the Law of the Sea Convention of 1982 , declares that passage is "innocent" so long as it is not
prejudicial to the peace, good order, or security of the coastal State and further outlines a list of 12 activities that
are considered "prejudicial."
 For example, Passage of State A to State C is innocent so long as it does not act the loading or
unloading of any commodity, currency, or person contrary to the customs, fiscal, immigration, or
sanitary laws and regulations of the coastal State.
 A passage through territorial waters is innocent if it can anchor an incident to normal
navigation and expeditions, and must always show flags. While a passage is not innocent if there
are weapons exercises, intelligence gathering, vessel or aircraft launch and recovery, pollution,
or research. They can do anything to keep you from making a non-innocent passage, and a
country can pass laws and regulations prohibiting innocent passages.
4. What is the doctrine of hot pursuit? Illustrate by way of an example.

- Art 111 of the 1982 United Nations Convention on the Law of the Sea codifies the doctrine of
maritime hot pursuit (UNCLOS). It recognizes that a vessel may be pursued and seized on the high seas
if it violates the laws of a foreign state while in that state's sovereign or territorial waters.
 For example, The Indian Coast Guard (ICG) apprehended a Pakistani fishing vessel off the coast
of Gujarat and seized a massive stash of narcotic drugs worth 600 crores on the international
market. During the chase, the crew threw suspicious material-filled bags into the sea. When the
Coast Guard team boarded the vessel, they arrested the crew and retrieved the material.
5. What is an exclusive economic zone? And what can a state do with respect to this area?
- Exclusive Economic Zones are defined as the area between the territorial sea and 200 nautical miles
from the baseline. The country has sole exploitation rights over all natural resources in this area. The
coastal State has sovereign rights to explore and exploit, conserve, and manage the natural resources,
whether living or nonliving, of the waters adjacent to the seabed and the seabed and its subsoil, as well
as other activities for the economic exploitation and exploration of the zone, such as the production of
energy from water, currents, and wind. Furthermore, the coastal state has jurisdiction under the relevant
provisions. ( UNCLOS).
THEREFORE, the exclusive economic zone is an area beyond and adjacent to the territorial sea that is
subject to a specific legal regime in which the coastal State's rights and jurisdiction, as well as the rights and
freedoms of other States, are governed by the relevant provisions of this Convention and must be respected and
followed. The coastal State shall respect the rights and duties of other States and act in accordance with the
provisions of this Convention.

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\BULAN, JULIE FAITH, A.

ON THE UN Convention on the LAW OF THE SEA (UNCLOS)

1. What is the baseline method of determining archipelagic territory?

2. What are archipelagic waters? Give at least three examples.

3. Distinguish Innocent passage from transit passage and give an example.

4. What is the doctrine of hot pursuit? Illustrate by way of an example.

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