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Laws and Regulations in Territorial Sea
・the safety of navigation and the regulation of maritime traffic;
・the protection of navigational aids and facilities and other facilities or installations;
・the protection of cables and pipelines;
・the conservation of the living resources of the sea;
・the prevention of infringement of the fisheries laws and regulations of the coastal State;
・the preservation of the environment of the coastal State and the prevention, reduction and control of pollution thereof;
・marine scientific research and hydrographic surveys;
・the prevention of infringement of the customs, fiscal, immigration or sanitary laws and regulations of the
Contiguous Zone
・Between 12-24 nm
・Coastal State may exercise the control necessary to:
- prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea;
- punish infringement of the above laws and regulations committed within its territory or territorial sea.
International Straits
・All ships and aircraft enjoy the right of transit passage through straits used for international navigation
- Transit Passage shall not be impeded
Enforcement Power in International Straits
・Power of coastal State to adopt laws and regulations relatin to:
- the safety of navigation and the regulation of maritime traffic,
- the prevention, reduction and control of pollution, by giving effect to applicable international regulations regarding the discharge of oil, oily wastes and other noxious substances in the strait;
- the loading or unloading of any commodity, currency or person in contravention of the customs, fiscal, immigration or sanitary laws and regulations of States bordering straits.
Archipelagic Sea Lanes
・All ships and aircraft enjoy the right of archipelagic sea lanes passage in such sea lanes and air routes.
- No suspension of archipelagic sea lanes passage
Enforcement Power -Archipelagic Waters
・Power of Archipelagic State to adopt laws and regulations relating to:
- the safety of navigation and the regulation of maritime traffic,
- the prevention, reduction and control of pollution, by giving effect to applicable international regulations regarding the discharge of oil, oily wastes and other noxious substances in the strait;
- the loading or unloading of any commodity, currency or person in contravention of the customs, fiscal, immigration or sanitary laws and regulations of States bordering straits.
Exclusive Economic Zone
・Between 12- 200 nm
・Resource jurisdiction
- Fisheries, petroleum, environmental protection, marine biodiversity
- Power to establish 500 metre safety zones around artificial islands and installations
- Customs, immigration, sanitary laws of coastal States apply
- Foreign ships must respect safety zones and comply with coastal laws and regulations
- Enforcement of laws and regulations in safety zones
High Seas
・Freedom of navigation
・Exclusive flag State jurisdiction
・Exceptions:
- Piracy
- Un-authorized broadcasting on the high seas
- Suppression of slave trade
- Right of visit by foreign warships
- Right of hot pursuit
- Maritime casualties
Enforcement Safeguards
・Law balances the interests of port/coastal States and interests of flag States and ship owners
・Examples of safeguards applied beyond territorial sea:
- Existence of "reasonable ground"
- Existence of "clear ground"
- No undue delay
- Prompt release
- Responsibility for compensation
Confidentiality
・Key concern by shipping industry
- Vessel safety
・Piracy and sea robbery
・Harassment by environmental groups
- Commercial considerations
・Nature of cargo being carried
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