Law of Seas Notes
Limitations: Article 116 – there are 3 ways in which people who whose to fish on high seas are limited. What’s the limitation of fishing on high seas. – answer Isn’t 87, BUT article 116 treaty obligations must be complied with, rights and duties of coastal states must be respected.
Articles 116-120 – relate to conservation and management of living sources on the high seas. Article 118 – says that countries should cooperate, subrogation fisheries and organizations so government agencies can assess what’s being exploited so as to negotiate resources.
Article 119 – when Investigating exploitation and resources, must use best scientific evidence that gives maximum sustainable yields. Consider dependent species – IPPP Can’t be discriminatory and can’t be against fisherman of particular state. Backwards from high seas what’s the next zone – economic zone – distances are important – 24 to 200 nautical miles Then next zone is contiguous zone – stretches from territorial zone out to economic zone. If you know these you can flick through the book what Is the contiguous zone and what does It do? What article relates to contiguous zone – article 33 – slide number 12.
What is the limitation of the contiguous zone – a state MAY control immigration in the contiguous zone – we can stop them from gashing, Infringing customs laws, sanitary laws or any regulations within the territory or territorial sea ? If no legislation, state can do nothing. From where contiguous zone is measured – from baseline – coastline is Jagged therefore they use low watermark to do it. Need to know the article – whenever you get question, you must tell article. I OFF Territorial sea – articles 3, 17 and 18. Territorial limitation is key to security for a nation.
Ships are actually allowed from foreign nations can travel through, only limitation on them is stout in article 18-21 – got to tell what PASSAGE actually means (article 18). Can’t enter internal waters (where sea enters rivers) but allowed to traverse the sea. Must be expeditious (article 18(2)) got to keep going – expeditious (check dictionary) – relatively quickly. Always exceptions – legislation says well okay even though you have to keep going, you can anchor but only if it is part of your navigation procedures. That would mean ports authority would know (have permission).
However, it says that force measure (serious intervention in the normal course of undertaking – e. G. Wild storm) so you can port for protection – or distress call – you can render assistance from ships, aircraft. You can only travel in territorial waters if passage is innocent (look at 19 and 21 said lecturer) – article 19 – meaning of innocent passage – 19(1) not prejudicial to the peace of the state, good order or security. Under article 19(2) – shows what ship cannot do through territorial waters. Question on innocent passage. Marks taken off if you go to wrong subsection – read question carefully.
Foreigners not allowed to fish in territorial waters. Do need to know article 19. Article 21 – allows laws and regulations of coastal state in respect to the territorial sea – innocent passage. Must be inline with UNCLOGS and international law. Safety of navigation, protection of navigational aids and facilities is critical of innocent passage. Conservation of fisheries and marine ecosystem – ship cannot infringe fishing laws, can’t pollute, no marine research. Article 24 – may not be a definite answer and take two sides e. G. If this if that, may be because of this etc.
Reason through a problem. Duties imposed upon a coastal state: Mustn’t hamper passage of foreign ships. Can’t impose requirement on foreign ships which deny innocent passage. Can’t discriminate – e. G. One from France, Italy, Indonesia – can’t go to Indonesia automatically (defiance of 24 1(b)). Must warn of any likely danger – e. G. Buoys etc. (24 article) Article 25 – coastal state can do anything where they think that the passage is not innocent. Got to refer to 19 and has to have reasonable proof. Rights of coastal states Only require to know certain articles put up in learn (slides).
Don’t want you to look at other articles Section 3 of the exam (consisting of 5 questions and 12 marks will be to do with End of the line – documentary 1 billion people out of 7. 3 billion rely on fish as source of protein instead of chicken/ other meats/ the likelihood of seafood running out by 2048 is high – not long to make stance Once fisheries collapse 250 million people will have there food supplies threatened 70% of global fisheries are beyond there capacity 90% of large fish in ocean have been fished out 1% of the worlds industrial fishing fleets result in 50% of world catches – what on earth can be done?
Mediumistic – blue fin tuna – largely responsible. Also the large fishing trawlers. Global fishing fleets now are 250% larger than the oceans can sustain Only 6% of the worlds oceans are actually protected e. G. Bahamas. We have got areas around news coastline protected. Cog Clove area. 40% of worlds oceans would be natural reserves blue fin tuna is major problem – 6 billion worth of illegal blue fin tuna have been fished over last 20 years. Mediumistic is freezing them. Price of tuna fish on the market is $100,000 – imagine Mediumistic price later Enormous drop in shark species over last 20 years. 5 species have dropped by 50% Tuna catches use massive nets – killing thousands of turtles, sea birds and sharks which Just get dumped back in ocean. 22,000 tones is the legal limit for tuna – currently 60,000 tones. Illegal fishing worth 9 billion a year – 52% of fish stocks are now fully exploited. If we establish exclusion ones for fishing it is possible that the biodiversity in fish stocks will be able to come back – but will take years Suggested that you check what your eating is sustainable – if not – don’t touch it.
Lecture 13 (29/06/14) – High seas belongs to everybody, and can virtually do what you want. UNCLOGS – separates prevention reduction and control on marine pollution from the rules that conserve and manage living resources. Focused on second part – sustainability. Only other convention that protects Is there any convention in the world that controls the fishing of various stocks in the high seas and beyond the continental shelf – NO