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The term territorial waters is sometimes used informally to refer to any area of water over which a state has jurisdiction, including internal waters, the territorial sea (see below), the contiguous zone, the exclusive economic zone and potentially the continental shelf. In a narrower sense, the term is used as a synonym for the territorial sea.
Jurisdiction is the practical authority granted to a legal body to administer justice within a defined field of responsibility, e.g., Michigan tax law. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels; e.g. the court has jurisdiction to apply federal law.
According to the United Nations Convention on the Law of the Sea, a nation's internal waters include waters on the side of the baseline of a nation's territorial waters that is facing toward the land, except in archipelagic states. It includes waterways such as rivers and canals, and sometimes the water within small bays.
An exclusive economic zone (EEZ) is a sea zone prescribed by the 1982 United Nations Convention on the Law of the Sea over which a state has special rights regarding the exploration and use of marine resources, including energy production from water and wind. It stretches from the baseline out to 200 nautical miles (nmi) from its coast. In colloquial usage, the term may include the continental shelf. The term does not include either the territorial sea or the continental shelf beyond the 200 nmi limit. The difference between the territorial sea and the exclusive economic zone is that the first confers full sovereignty over the waters, whereas the second is merely a "sovereign right" which refers to the coastal state's rights below the surface of the sea. The surface waters, as can be seen in the map, are international waters.
Normally, the baseline from which the territorial sea is measured is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal state. This is either the low-water mark closest to the shore, or alternatively it may be an unlimited distance from permanently exposed land, provided that some portion of elevations exposed at low tide but covered at high tide (like mud flats) is within 3 nautical miles or 3.45 statute miles (5.5 km) permanently exposed land. Straight baselines can alternatively be defined connecting fringing islands along a coast, across the mouths of rivers, or with certain restrictions across the mouths of bays. In this case, a bay is defined as "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". The baseline across the bay must also be no more than 24 nautical miles (44 km; 28 mi) in length.
Waters landward of the baseline are defined as internal waters, over which the state has complete sovereignty: not even innocent passage is allowed without explicit permission from said state. Lakes and rivers are considered internal waters. All "archipelagic waters" within the outermost islands of an archipelagic state such as Indonesia or the Philippines are also considered internal waters, and are treated the same with the exception that innocent passage through them must be allowed. However, archipelagic states may designate certain sea lanes through these waters.
An archipelagic state is a designation used for certain island countries that consist of an archipelago. The designation is legally defined by the United Nations Convention on the Law of the Sea.
Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia, between the Indian and Pacific oceans. It is the world's largest island country, with more than seventeen thousand islands, and at 1,904,569 square kilometres, the 14th largest by land area and the 7th largest in combined sea and land area. With over 261 million people, it is the world's 4th most populous country as well as the most populous Muslim-majority country. Java, the world's most populous island, is home to more than half of the country's population.
The Philippines, officially the Republic of the Philippines, is an archipelagic country in Southeast Asia. Situated in the western Pacific Ocean, it consists of about 7,641 islands that are categorized broadly under three main geographical divisions from north to south: Luzon, Visayas, and Mindanao. The capital city of the Philippines is Manila and the most populous city is Quezon City, both part of Metro Manila. Bounded by the South China Sea on the west, the Philippine Sea on the east and the Celebes Sea on the southwest, the Philippines shares maritime borders with Taiwan to the north, Japan to the northeast, Vietnam to the west, Palau to the east, and Malaysia and Indonesia to the south.
Territorial sea, as defined by the 1982 United Nations Convention on the Law of the Sea, 12 nautical mile s (22.2 km ; 13.8 mi ) from the baseline (usually the mean low-water mark) of a coastal state. The territorial sea is regarded as the sovereign territory of the state, although foreign ships (military and civilian) are allowed innocent passage through it, or transit passage for straits; this sovereignty also extends to the airspace over and seabed below. Adjustment of these boundaries is called, in international law, maritime delimitation.is a belt of coastal waters extending at most
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea, which took place between 1973 and 1982. The Law of the Sea Convention defines the rights and responsibilities of nations with respect to their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources. The Convention, concluded in 1982, replaced four 1958 treaties. UNCLOS came into force in 1994, a year after Guyana became the 60th nation to ratify the treaty. As of June 2016, 167 countries and the European Union have joined in the Convention. It is uncertain as to what extent the Convention codifies customary international law.
The coast, also known as the coastline or seashore, is the area where land meets the sea or ocean, or a line that forms the boundary between the land and the ocean or a lake. A precise line that can be called a coastline cannot be determined due to the coastline paradox.
A nautical mile is a unit of measurement used in both air and marine navigation, and for the definition of territorial waters. Historically, it was defined as one minute of a degree of latitude. Today the international nautical mile is defined as exactly 1852 metres. This converts to about 1.2 imperial/US miles. The derived unit of speed is the knot, one nautical mile per hour.
A state's territorial sea extends up to 12 nautical miles (22.2 km; 13.8 mi) from its baseline. If this would overlap with another state's territorial sea, the border is taken as the median point between the states' baselines, unless the states in question agree otherwise. A state can also choose to claim a smaller territorial sea.
Conflicts have occurred whenever a coastal nation claims an entire gulf as its territorial waters while other nations only recognize the more restrictive definitions of the UN convention. Claims which draw baseline in excess of 24 nautical miles (two 12 NM limits) are judged excessive by the U.S. Two conflicts occurred in the Gulf of Sidra where Libya drew a line in excess of 230 NM and claimed the entire enclosed gulf as its territorial waters. The U.S. exercised freedom of navigation rights twice, in the 1981 and 1989 Gulf of Sidra incidents.
Gulf of Sidra or Gulf of Sirte, after the port of Sidra, is a body of water in the Mediterranean Sea on the northern coast of Libya. Historically it has been also known as the Great Sirte or Greater Syrtis.
Freedom of navigation (FON) is a principle of customary international law that ships flying the flag of any sovereign state shall not suffer interference from other states, apart from the exceptions provided for in international law. In the realm of international law, it has been defined as “freedom of movement for vessels, freedom to enter ports and to make use of plant and docks, to load and unload goods and to transport goods and passengers” This right is now also codified as Article 87(1)a of the 1982 United Nations Convention on the Law of the Sea. Not all UN member states have ratified the convention; notably, the United States has signed, but not ratified the convention. However, the § United States enforces the practice; see below.
In the first Gulf of Sidra incident, 19 August 1981, two Russian made Libyan Su-22 Fitter fired upon and were subsequently shot down by two U.S. F-14 Tomcats off the Libyan coast.
In the U.S. federal system, individual states exercise ownership (subject to federal law) up to 3 nautical miles (9 nautical miles for Texas and Florida) from shore, while the federal government exercises sole territorial jurisdiction further out (see Tidelands).
Tidelands are the territory between the high and low water tide line of sea coasts, and lands lying under the sea beyond the low-water limit of the tide, considered within the territorial waters of a nation. The United States Constitution does not specify whether ownership of these lands rests with the federal government or with individual states. Originally little commercial value was attached to tidelands, so ownership was never firmly established, but the coastal states generally proceeded as if they were the owners. Some states, such as Mississippi, directly administer these lands under the public trust doctrine.
The contiguous zone is a band of water extending farther from the outer edge of the territorial sea to up to 24 nautical miles (44.4 km; 27.6 mi) from the baseline, within which a state can exert limited control for the purpose of preventing or punishing "infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea". This will typically be 12 nautical miles (22 km; 14 mi) wide, but could be more (if a state has chosen to claim a territorial sea of less than 12 nautical miles), or less, if it would otherwise overlap another state's contiguous zone. However, unlike the territorial sea, there is no standard rule for resolving such conflicts and the states in question must negotiate their own compromise. The United States invoked a contiguous zone out to 24 nmi from the baseline on 29 September 1999.
The United States of America (USA), commonly known as the United States or America, is a country comprising 50 states, a federal district, five major self-governing territories, and various possessions. At 3.8 million square miles, the United States is the world's third or fourth largest country by total area and is slightly smaller than the entire continent of Europe's 3.9 million square miles. With a population of over 327 million people, the U.S. is the third most populous country. The capital is Washington, D.C., and the largest city by population is New York City. Forty-eight states and the capital's federal district are contiguous in North America between Canada and Mexico. The State of Alaska is in the northwest corner of North America, bordered by Canada to the east and across the Bering Strait from Russia to the west. The State of Hawaii is an archipelago in the mid-Pacific Ocean. The U.S. territories are scattered about the Pacific Ocean and the Caribbean Sea, stretching across nine official time zones. The extremely diverse geography, climate, and wildlife of the United States make it one of the world's 17 megadiverse countries.
An exclusive economic zone extends from the baseline to a maximum of 200 nautical miles (370.4 km; 230.2 mi), thus it includes the contiguous zone. A coastal nation has control of all economic resources within its exclusive economic zone, including fishing, mining, oil exploration, and any pollution of those resources. However, it cannot prohibit passage or loitering above, on, or under the surface of the sea that is in compliance with the laws and regulations adopted by the coastal State in accordance with the provisions of the UN Convention, within that portion of its exclusive economic zone beyond its territorial sea. Before the United Nations Convention on the Law of the Sea of 1982, coastal nations arbitrarily extended their territorial waters in an effort to control activities which are now regulated by the exclusive economic zone, such as offshore oil exploration or fishing rights (see Cod Wars). Indeed, the exclusive economic zone is still popularly, though erroneously, called a coastal nation's territorial waters.
Article 76gives the legal definition of continental shelf of coastal countries. For the physical geography definition, see the article continental shelf.
The continental shelf of a coastal nation extends out to the outer edge of the continental margin but at least 200 nautical miles (370 km; 230 mi) from the baselines of the territorial sea if the continental margin does not stretch that far. Coastal states have the right of exploration and exploitation of the seabed and the natural resources that lie on or beneath it, however other states may lay cables and pipelines if they are authorised by the coastal state. The outer limit of a country's continental shelf shall not stretch beyond 350 nautical miles (650 km; 400 mi) of the baseline, or beyond 100 nautical miles (190 km; 120 mi) from the 2,500 metres (8,200 ft) isobath, which is a line connecting the depths of the seabed at 2,500 meters.
The outer edge of the continental margin for the purposes of this article is defined as:
The foot of the continental slope is determined as the point of maximum change in the gradient at its base.
The portion of the continental shelf beyond the 200 nautical mile limit is also known as the extended continental shelf. Countries wishing to delimit their outer continental shelf beyond 200 nautical miles have to submit scientific information for the basis of their claim to the UN Commission on the Limits of the Continental Shelf. The Commission then validates or makes recommendations on the scientific basis for the extended continental shelf claim. The scientific judgement of the Commission shall be final and binding. Validated extended continental shelf claims overlapping any demarcation between two or more parties are decided by bilateral or multilateral negotiation, not by the Commission.
Countries have ten years after ratifying UNCLOS to lodge their submissions to extend their continental shelf beyond 200 nautical miles, or by 13 May 2009 for countries where the convention was ratified before 13 May 1999. As of 1 June 2009, 51 submissions have been lodged with the Commission, of which eight have been deliberated by the Commission and have had recommendations issued. The eight are (in the order of date of submission): Russian Federation; Brazil; Australia; Ireland; New Zealand; the joint submission by France, Ireland, Spain and the United Kingdom; Norway and Mexico.
For full list, see below
Articles 77 to 81 define the rights of a country over its continental shelf.
A coastal nation has control of all resources on or under its continental shelf, living or not, but no control over any living organisms above the shelf that are beyond its exclusive economic zone. This gives it the right to conduct hydrocarbon exploration and drilling works.
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From the eighteenth century until the mid twentieth century, the territorial waters of the British Empire, the United States, France and many other nations were three nautical miles (5.6 km) wide. Originally, this was the distance of a cannon shot, hence the portion of an ocean that a sovereign state could defend from shore. However, Iceland claimed two nautical miles (3.7 km), Norway and Sweden claimed four nautical miles (7.4 km), and Spain claimed 6 nautical miles (11 km; 6.9 mi) during this period. During incidents such as nuclear weapons testing and fisheries disputes some nations arbitrarily extended their maritime claims to as much as fifty or even two hundred nautical miles. Since the late 20th century the "12 mile limit" has become almost universally accepted. The United Kingdom extended its territorial waters from three to twelve nautical miles (22 km) in 1987.
During the League of Nations Codification Conference in 1930, the issue of establishing international legislation on territorial waters was raised, but no agreement was reached.
Claims by legislation to the adjacent continental shelf and fishing was first made by the United States government immediately following the Second World War. On September 28, 1945, US President Harry S. Truman issued two proclamations that established government control of natural resources in areas adjacent to the coastline. One of these proclamation was titled "Policy of the United States With Respect to the Natural Resources of the Subsoil and Sea Bed of the Continental Shelf", and stipulated in its operative clause:
the Government of the United States regards the natural resources of the subsoil and sea bed 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 second proclamation was titled "Policy of the United States With Respect to Coastal Fisheries in Certain Areas of the High Seas", and stated in its operative clause:
the Government of the United States regards it as proper to establish conservation zones in those areas of the high seas contiguous to the coasts of the United States wherein fishing activities have been or in the future may be developed and maintained on a substantial scale.
Following the US Presidential proclamation, the issue of legally determining territorial waters by international agreement was raised, and in its first session in 1949, the International Law Commission of the United Nations added the subject to its agenda.
The important issue of the breadth of territorial waters could not be resolved at either the UNCLOS I (1956-1958) or UNCLOS II (1960) conferences, with neither the two major contenders of a 3-mile or 12-mile limit reaching the required two-thirds support. This lack of agreement had the potential to lead to serious international disputes.It was only at the UNCLOS III (1973-1982) conference, whose provisions did not come into force until 1994, that this issue was resolved at twelve nautical miles.
Pirate radio broadcasting from artificial marine fixtures or anchored ships can be controlled by the affected coastal nation or other nations wherever that broadcast may originate, whether in the territorial sea, exclusive economic zone, the continental shelf or even on the high seas.
Thus a coastal nation has total control over its internal waters, slightly less control over territorial waters, and ostensibly even less control over waters within the contiguous zones. However, it has total control of economic resources within its exclusive economic zone as well as those on or under its continental shelf.
Throughout this article, distances measured in nautical miles are exact legal definitions, while those in kilometres are approximate conversions that are not stated in any law or treaty.
Federal nations, such as the United States, divide control over certain waters between the federal government and the individual states. (See tidelands.)
Maritime controversies involve two dimensions: (a) territorial sovereignty, which are a legacy of history; and (b) relevant jurisdictional rights and interests in maritime boundaries, which are mainly due to differing interpretations of the law of the sea.
As of 13 May 2009, 51 submissions by 44 countries have been lodged for claims over their extended continental shelf. Some countries have multiple submissions and joint submissions with other countries. Recommendations have been given for 8 of the submissions.
List with date of submission and adoption of recommendation by the Commission on the Limits of the Continental Shelf.
List in order of date of submission, with date of submission.
A continental shelf is a portion of a continent that is submerged under an area of relatively shallow water known as a shelf sea. Much of the shelves were exposed during glacial periods and interglacial periods. The shelf surrounding an island is known as an insular shelf.
Outer Islands of Mauritius is the single first-order administrative division of the country and consists of the islands of Mauritius and several outlying islands. It is under the responsibility of the Ministry of Local Government and Outer Islands. The Constitution of Mauritius provides that the country includes the islands of Mauritius, Rodrigues, Agaléga, Saint Brandon, Tromelin and the Chagos Archipelago, including Diego Garcia and any other island comprised in the State of Mauritius. The Government of Mauritius claims sovereignty over the Chagos Archipelago, which the United Kingdom split from its territories to create the British Indian Ocean Territory before its independence in 1965. Additionally, France shares a sovereignty claim over Tromelin, an uninhabited islet between Madagascar and Mauritius' main island.
The Lomonosov Ridge is an unusual underwater ridge of continental crust in the Arctic Ocean. It spans 1,800 kilometres (1,100 mi) between the New Siberian Islands over the central part of the ocean to Ellesmere Island of the Canadian Arctic Archipelago. The ridge divides the Arctic Basin into the Eurasian Basin and the Amerasian Basin. The width of the Lomonosov Ridge varies from 60 to 200 kilometres. It rises 3,300 to 3,700 metres above the 4,200-metre (13,800 ft) deep seabed. The minimum depth of the ocean above the ridge is less than 400 metres (1,300 ft). Slopes of the ridge are relatively steep, broken up by canyons, and covered with layers of silt.
James Shoal, also called Beting Serupai in Malaysia and Zengmu Reef in Greater China, is a small bank in the South China Sea, with a depth of 22 metres (72 ft), located about 45 nautical miles off the Borneo coast of Malaysia. It is claimed by Malaysia, the People's Republic of China, and the Republic of China (Taiwan). The shoal and its surrounds are administered by Malaysia.
A baseline, as defined by the United Nations Convention on the Law of the Sea, is the line along the coast from which the seaward limits of a state's territorial sea and certain other maritime zones of jurisdiction are measured, such as a state's exclusive economic zone. Normally, a sea baseline follows the low-water line of a coastal state. When the coast is deeply indented, has fringing islands or is highly unstable, straight baselines may be used.
Ambalat is a sea block in the Celebes sea located off the east coast of Borneo. It lies to the east of the Indonesian province of North Kalimantan and to the south-east of the Malaysian state of Sabah, and it is the subject of a territorial dispute between the two nations. Malaysia refers to part of the Ambalat block as Block ND6 (formerly Block Y) and part of East Ambalat Block as Block ND7 (formerly Block Z). The deep sea blocks contain an estimated 62,000,000 barrels (9,900,000 m3) of oil and 348 million cubic meters of natural gas. Other estimates place it substantially higher: 764,000,000 barrels (121,500,000 m3) of oil and 3.96 × 1010 cubic meters (1.4 trillion cubic feet) of gas, in only one of nine points in Ambalat.
The Argentine Sea is the sea within the continental shelf off the Argentine mainland.
The Arctic consists of land, internal waters, territorial seas, exclusive economic zones (EEZs) and high seas. All land, internal waters, territorial seas and EEZs in the Arctic are under the jurisdiction of one of the eight Arctic coastal states: Canada, Norway, Russia, Denmark, Iceland, Sweden, Finland and the United States. International law regulates this area as with other portions of the Earth.
Portugal has the 5th largest exclusive economic zone (EEZ) within Europe, 4th largest of the EU and the 20th largest EEZ in the world, at 1,727,408 km2.
The continental shelf of Russia is a continental shelf adjacent to Russia. Geologically, the extent of the shelf is defined as the entirety of the continental shelves adjacent to Russia's coast. In international law, however, the United Nations Convention on the Law of the Sea more narrowly defines the extent of the shelf as the seabed and subsoil of the submarine areas over which a state exercises sovereign rights.
The Outer Continental Shelf (OCS) is a peculiarity of the political geography of the United States. The OCS is the part of the internationally recognized continental shelf of the United States which does not fall under the jurisdictions of the individual U.S. States.
Malaysia and Vietnam are two Southeast Asian countries with maritime boundaries which meet in the Gulf of Thailand and South China Sea. The two countries have overlapping claims over the continental shelf in the Gulf of Thailand. Both countries have, however, come to an agreement to jointly exploit the natural resources in the disputed area pending resolution of the dispute over sovereignty.
The Australia–Indonesia border is a maritime boundary running west from the two countries' tripoint maritime boundary with Papua New Guinea in the western entrance to the Torres Straits, through the Arafura Sea and Timor Sea, and terminating in the Indian Ocean. The boundary is, however, broken by the Timor Gap, where Australian and East Timorese territorial waters meet and where the two countries have overlapping claims to the seabed.
The Benham Rise, officially known as the Philippine Rise, is a seismically active undersea region and extinct volcanic ridge located in the Philippine Sea approximately 250 km (160 mi) east of the northern coastline of Dinapigue, Isabela. The Rise has been known to the people of Catanduanes as Kalipung-awan since pre-colonial times, which literally means 'loneliness from an isolated place'.
The Republic of Cyprus (Cyprus) and Turkey have been engaged in a dispute over the extent of their exclusive economic zones, ostensibly sparked by oil and gas exploration in the area. Turkey objects to Cypriot drilling in waters that Cyprus has asserted a claim to under international maritime law. The present maritime zones dispute touches on the perennial Cyprus and Aegean disputes; Turkey is the only member state of the United Nations that does not recognise Cyprus, and is not a signatory to the United Nations Convention on the Law of the Sea, which Cyprus has signed and ratified.
There are disputes between China, Japan, and South Korea over the extent of their respective exclusive economic zones (EEZs) in the East China Sea.
Several states have claimed interests over the sea bed adjoining Rockall. Denmark, Iceland, Ireland and the United Kingdom have all made submissions to the commission set up under the United Nations Convention on the Law of the Sea (UNCLOS).
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