Other articles where convention on the territorial sea and contiguous zone is discussed. The archipelagic state can draw archipelagic baselines and claim the maritime zones over the waters seaward of these baselines. Law of the sea and maritime law attorneygenerals department. These commentaries are intended as an introduction or overview of the topic under consideration. Territorial waters the sovereignty of pakistan extends and has always extended to the territorial waters of pakistan hereinafter referred to. See paragraph 5 of article 36 of the statute of the international court of justice. The maritime areas are ranging from the territorial sea, subjected to the sovereignty of the coastal states, to the exclusive economic zones hereinafter eezs where coastal states enjoy sovereign rights over natural resources and other.
Under international law, australia has rights and responsibilities in relation to its adjacent waters, which are divided into maritime zones. First session of the third united nations conference on the law of the sea, united nations headquarters, new york. The adequacy of the law of the sea and international. See paragraph 5 of article 36 of the statute of the. The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this part, under which the rights and jurisdiction of the coastal state and the rights and freedoms of other states are governed by the relevant provisions of this convention. International maritime conventions legislation amendment. Unfortunately, these conventions have been only partially successful in achieving their objective of furthering uniformity in the laws of the maritime nations on questions relating. Since grotius and bynkershoek the boundaries of dutch territorial waters ended at three miles. This act may be cited as the archipelagic waters and maritime jurisdiction act, 1993.
The territorial waters and maritime zones act, 1976 josh. Territorial sea sovereignty seabed, water column, air space breadth up to 12 nautical miles innocent passage 28. In the case of territorial waters, the dominion of the adjacent state is subject to a limitation. Exclusive economic zone institute for maritime and. Territorial waters, continental shelf, exclusive economic.
The philippine treaty limits and territorial waters claim in international law lowell b. Rights and obligations in maritime zones under the sovereignty of coastal states article. Search home about us contact regional managers gis. Feb 20, 2020 as a result, a balance was needed to maintain the freedom of navigation that many foreign maritime interests had relied upon. Whereas the united nations conventions on the law of the sea referred to in this act as the.
The 1958 convention on the territorial sea and contiguous zone provided that states cannot suspend the innocent passage of foreign ships through straits that are used for international navigation between one part of the high seas and. Law of the sea and maritime law currently selected. International law of maritime boundary delimitation, the. It identi es the scope and extent of various maritime zones and also. Territorial waters and maritime zones act, 1974 act no. The main international agreement outlining these rights and responsibilities is the united nations convention on the law. This this booklet is recommended by fpsc for optional subject international law. The foundation and legal nature of shelf rights 77 1. Lecture 4 international law of the sea and maritime zones kutipan hari ini the real voyage of discovery does not consist of seeking new landscape but in having new eyes penemuan, sesungguhnya bukanlah soal pencarian sesuatu yang baru melainkan soal memiliki sudut pandang yang baru. The maritime zones of india department of animal husbandry. Eus approach to jurisdiction over shipsource pollution 19 sybil 2015 269 284 doi. Extraterritorial jurisdiction etj is the legal ability of a government to exercise authority beyond its normal boundaries any authority can claim etj over any external territory they wish.
The twin issues of the legal status of the philippine treaty limits and its extensive historic claims to territorial waters have been subject of much academic debate and serious criticisms. Specific legal regime of the exclusive economic zone. Page 1 national legislation doalosola united nations asdf territorial waters and maritime zones act, 1976 of 22 december 1976 short title and commencement. The main international agreement outlining these rights and responsibilities is the united nations convention on the law of the sea, or unclos. The territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976, indian bare acts at, a website for indian laws and bareacts, legal advice and law documents in india. Parts two through eleven concern the different maritime zones. The maritime zones of islands in international law. Separate islands generate their own maritime zones, placing the waters between islands separated by more than 24 nautical miles beyond the states territorial sovereignty, subjecting these waters to. The birth of a nations authority to control its coastal waters has been traced back to the sixteenth century. Territorial waters and maritime zones act, 1976 the css.
The law applicable on the continental shelf and the eez 1. Canadian maritime law as it was immediately before june 1, 1971 continues subject to such changes therein as may be made by this act or any other act of parliament. The delimitation of philippine territorial and maritime boundaries in conformity with international law. Maritime zone and jurisdiction linkedin slideshare. Criminal code asserts the following items to fall within the special maritime and territorial jurisdiction of the united states, much of which is extraterritorial in nature. This website is an openaccess materials published under a creative commons 3. Interpretation part ii unclos to have force of law in mauritius 3. Maritime boundaries between pakistan and states having coasts opposite or adjacent to those of pakistan. Learn vocabulary, terms, and more with flashcards, games, and other study tools. In this act, unless the context otherwise requires, exclusive economic zone of india means exclusive economic zones of india in accordance with the provisions of section 7 of the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976. Countryterritory south africa document type legislation date 1998 source fao, faolex long title an act to provide for the conservation of the marine ecosystem, the longterm sustainable utilisation of marine living resources and the orderly access to exploitation, utilisation and protection of certain marine living resources.
We encourage the widespread circulation of the material published on this website. The international law of maritime boundary delimitation edward collins, jr. The territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976, act no. The concept of natural prolongation of the territory of the coastal. Limited coastal zones the territorial sea the 12mile fishery zone.
The philippine treaty limits and territorial water claim. The philippine treaty limits and territorial water claim in international law. However, for the claim to be effective in the external territory except by the exercise of force, it must be agreed either with the legal authority in the external territory, or with a legal authority. Giri submitted that the maritime zones act, 1976, was enacted by parliament after the amendment of article 297 of the constitution by the 40th constitution amendment act of 1976, which provides for the vesting in the union of all things of value within territorial waters or the continental shelf and resources of the exclusive economic zone. State names which appear in backets are states having made declarations recognizing as compulsory the jurisdiction of the international court of justice for specified periods of time and which have been terminated or have since expired. Maritime zones and jurisdictions the significance of maritime zones maritime zones and boundaries historical overview types of maritime zone under the law of the sea national zones national claims international zones emerging issues and challenges the generation of maritime limits 3. The high seas and any other waters within the admiralty and maritime jurisdiction of the united states and out of the jurisdiction of any particular state. Territorial waters and maritime zones act, 1976 of 22. The territorial waters and maritime zones act, 1976 act.
Maritime zones under international law law of the sea and. Territorial waters and maritime zones act, 1976 of 22 december 1976 short title and commencement 1. Convention on the territorial sea and contiguous zone. Fisheries jurisdiction under the law of the sea convention. This act declares the legal status of territorial sea and internal, historic and archipelagic waters, contiguous zone, exclusive economic zone and continental shelf and defines their limits, defines the jurisdiction of mauritius in these maritime areas, provides for protection of cultural heritage in maritime zones and regulates certain matters relative to navigation, research and some other. The continental shelf of pakistan, hereinafter referred to as the continental shelf, shall comprise the seabed and subsoil of the submarine areas that extend beyond the limit of the territorial waters of pakistan throughout the natural. Convention for the supression of unlawful acts against the safety of maritime navigation. Page 1 national legislation doalosola united nations asdf the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976, act no.
International maritime conventions legislation amendment act 2001. The maritime areas of the arctic are subject to different legal regimes. In this act, unless the context otherwise requires. Unclos to have force of law in mauritius part iiibaselines 4. Three months later, in august 1976, the territorial waters, continental shelf, exclusive economic zone and other maritime zones act entered into force with the exception of section 5ontiguous zone and section 7 eez which entered into force in january 1977. It is a multilateral treaty regulating, among others, seause rights over maritime zones i. Horizontally shared zones and quasiterritoriality 67 ii. Whereas clause 2 of article 143 of the constitution provides that parliament may, from time to time, by law provide for the. Territorial waters and maritime zones act, 1976 the css point. An act to amend various acts relating to international maritime conventions, and for related purposes assented to 1 october 2001 the parliament of australia enacts. Hanich, fisheries jurisdiction under the law of the sea convention.
This need for balance is captured in the history of the law of the sea. Philippine baseline law free download as powerpoint presentation. The territorial waters and maritime zones act, 1976 act no. Maritime zones under thesovereignty of the coastal state. Unclos provides a comprehensive legal framework governing all activities and uses of the worlds seas and oceans. The philippine treaty limits and territorial water claim in. Jul 30, 2012 maritime zones under thesovereignty of the coastal state. The continental shelf of pakistan, hereinafter referred to as the continental shelf, shall comprise the seabed and subsoil of the submarine areas that extend beyond the limit of the territorial waters of pakistan throughout the natural prolongation of the land territory of pakistan to the outer edge. The territorial waters, continental shelf, exclusive.
Territorial waters and maritime zones act, 1976 act no. Bautista abstract the fundamental position of the philippines regarding the extent of its territorial and maritime boundaries is based on two contentious premises. The territorial waters and maritime zones act, 1976. Rogoff l introduction the law of the sea, in its essence, divides the seas into zones and specifies the rights and duties of states and ships flying their flags in those zones. Archipelagic waters and maritime jurisdiction an act respecting the territorial sea, archipelagic waters, internal waters and the exclusive economic zone of the bahamas. The united nations convention on the law of the sea unclos was adopted in 1982 in montego bay, jamaica and entered into force on 16 november 1994. United nations convention on the law of the sea unclos. Waterworks management act wet beheer rijkswaterstaatswerken the. Dominion over maritime territory is not subject to any limitation.
Maritime zones under international law law of the sea. The maritime zones of islands in international law clive. The federal government may cause the baseline referred to in subsection 3 of section 2, the limits of the territorial waters, the contiguous zone, the continental shelf and the exclusive economic zone and the maritime boundaries as settled by agreements referred to in section 8 to be published in charts. Assent 31st december, 1993 commencement 4th january, 1996 1. Pdf the philippine treaty limits and territorial water. Short title and commencement 1 this act may be called the territorial waters and maritime zones act, 1976. The maritime zones of islands in international law volume 1 of changing economy in indonesia issue 1 of developments in international law. The territorial waters, continental shelf, exclusive economic. It defines the boundaries of the eez as running from the territorial waters up to 200 nautical miles off the baselines from which the territorial waters are measured.
Maritime territory is a term used in international law to denote coastal waters which are not territorial waters though in immediate contact with the sea. The act concerns the establisment of continuation of several institutions involved in fisheries management and conservation of marine living resources, for the conservation of marine living resources and the regulation of commercial and local fishing. This act was issued as the maritime zones delimitation law, 1986 p. Philippine baseline law territorial waters united nations. The law applicable on the continental shelf and the eez c.
Prior to 1945, states claimed only narrow territorial sea. Having in mind the purposes and principles of the charter of the united nations concerning the maintenance of international peace and security and the promotion of friendly relations and cooperation. Contiguous zone 1 the contiguous zone of the republic is that zone contiguous to the territorial sea which. Section 8 prescribes rules for the delimitation of maritime boundaries between pakistan and states having coasts opposite or adjacent to those of pakistan. Some are more detailed than others but none of them should be taken as a complete and full recitation of the law applicable to the topic.
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