UNCLOS: Law of the Sea

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Questions and Answers

A nation-state is experiencing challenges in precisely determining its maritime zones due to a highly irregular coastline with multiple islands and deep bays. Which legal precedent, related to establishing baselines, might offer guidance in resolving this specific issue?

The guidelines for managing pollution within the contiguous zone.
The principle of 'innocent passage' as defined under UNCLOS.
The regulations governing Exclusive Economic Zones (EEZs) for resource management.
The 'persistent objector' rule established in the Anglo-Norwegian Fisheries Case. (correct)

A foreign cargo ship is transiting through a nation's territorial sea. Under UNCLOS, the ship's passage is considered 'innocent' EXCEPT when it is...

displaying its national flag and identification clearly.
using designated sea lanes established by the coastal state.
conducting hydrographic surveys without explicit authorization. (correct)
making reasonable progress through the territorial sea.

A coastal state discovers illegal fishing activities by a foreign vessel within its Exclusive Economic Zone (EEZ). According to the Law of the Sea, what actions are permitted?

The coastal state may exercise rights related to natural resources, including fishing activities, within the EEZ. (correct)
The coastal state can only issue a warning but cannot seize the vessel.
The coastal state can only monitor the vessel but cannot interfere with its activities.
The coastal state must seek approval from the United Nations before taking any action.

A nation wishes to lay a submarine communications cable across the Exclusive Economic Zone (EEZ) of another country. What conditions apply under the Law of the Sea?

The nation has the freedom to lay cables, but must give due notice to the coastal state. (D) Signup and view all the answers

A foreign warship is navigating through the territorial sea of a coastal state. According to UNCLOS, which of the following actions would automatically violate the principle of 'innocent passage'?

The warship is conducting military exercises without prior notification. (C) Signup and view all the answers

A vessel commits a customs violation within a state's contiguous zone. What enforcement actions can the coastal state legally undertake?

Exercise control to prevent further violations of its customs regulations within its territorial sea or territory. (B) Signup and view all the answers

Which of the following best describes the legal status of internal waters under the Law of the Sea?

Same as that of the state's land territory, with full sovereignty. (C) Signup and view all the answers

What is the primary function of baselines in the context of maritime law?

To establish the boundary between a state's internal waters and its external waters. (B) Signup and view all the answers

What is a key requirement for a land territory or island to claim territorial waters and an Exclusive Economic Zone (EEZ) under the Law of the Sea?

It must be able to sustain human habitation or economic activity. (B) Signup and view all the answers

Which of the following is NOT a right granted by sovereign control of a land territory or island?

The right to demand transit fees from ships passing through international waters nearby. (A) Signup and view all the answers

China's claim to the South China Sea is based on what historical argument?

Ownership during the Xia dynasty (21st-16th centuries BCE). (C) Signup and view all the answers

What principle of UNCLOS does China's 'Law on the Territorial Sea' (1992) potentially contradict?

The concept of 'innocent passage' for foreign vessels. (C) Signup and view all the answers

What was the significance of the UN arbitration ruling in July 2016 regarding the South China Sea?

It ruled against China's historic rights argument and stated that China violated international law. (D) Signup and view all the answers

What was the direct consequence of the Philippines filing a UN arbitration case against China in January 2013?

China initiated a massive dredging campaign to build artificial islands in the South China Sea. (A) Signup and view all the answers

The US立场s in the South China Sea dispute have primarily focused on:

Ensuring 'open access to Asia’s maritime commons' and conducting FON missions. (C) Signup and view all the answers

What is the primary purpose of ASEAN and China negotiating a 'code of conduct' for the South China Sea?

To manage and prevent escalating tensions and potential conflicts in the region. (A) Signup and view all the answers

What action did the Philippines take in 2011 to assert its claim to the South China Sea?

It renamed the South China Sea as the West Philippine Sea. (C) Signup and view all the answers

Why is the South China Sea considered a 'priority theater' in the US national defense strategy?

Because of the high volume of trade and navigation that passes through the area. (B) Signup and view all the answers

Under the United Nations Convention on the Law of the Sea (LOSC), what recourse is available if conciliation fails to resolve a dispute over maritime zones?

Either party can invoke compulsory dispute settlement provisions, potentially leading to a legally binding resolution through ITLOS, ICJ, or arbitration. (B) Signup and view all the answers

A coastal state intends to exploit resources on its continental shelf beyond 200 nautical miles. According to the United Nations Convention on the Law of the Sea (LOSC), which activity falls under its sovereign rights?

Exploiting mineral resources within the seabed and subsoil. (C) Signup and view all the answers

What is the primary goal of the 'High Seas Treaty' adopted in June 2023?

To protect marine life in international waters, aiming to protect 30% of the high seas by 2030. (C) Signup and view all the answers

In the context of maritime boundary disputes, what did the ICJ rule in the North Sea Continental Shelf Cases regarding the equidistance principle?

The equidistance principle is not a mandatory rule of customary international law and should not be applied if it leads to inequitable outcomes. (D) Signup and view all the answers

If a vessel is engaged in piracy on the high seas, which entity has the authority to exercise jurisdiction over it?

Any state, regardless of its connection to the vessel or the pirates. (D) Signup and view all the answers

What is the legal implication of a state ratifying the 'High Seas Treaty'?

The state signals its intent to be bound by the treaty's obligations once the treaty's entry into force requirements are met. (C) Signup and view all the answers

In maritime boundary delimitation, what does the concept of 'equitable principles' emphasize?

A fair and reasonable outcome, considering relevant circumstances and geographical features. (C) Signup and view all the answers

According to the United Nations Convention on the Law of the Sea (LOSC), what is the 'flag state' responsible for?

Exercising exclusive jurisdiction over its vessels on the high seas. (B) Signup and view all the answers

What is the first step for resolving disputes related to the interpretation or application of the Law of the Sea Convention (LOSC)?

Resort to conciliation procedures involving a panel making non-binding recommendations. (C) Signup and view all the answers

How did the ICJ's ruling in the North Sea Continental Shelf Cases influence subsequent maritime delimitation agreements?

It emphasized the necessity of negotiation and agreement based on equitable principles rather than strict adherence to equidistance. (B) Signup and view all the answers

Flashcards

UNCLOS

An international agreement governing the use of the world's oceans.

Internal Waters

Waters treated as part of a state's land territory, with full territorial sovereignty.

Baselines (Law of the Sea)

Lines that separate a state's internal waters from external waters and from which maritime zones are measured.

Territorial Sea

12 nautical miles from a state's baselines, where the state must allow 'innocent passage' of foreign vessels.