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Law of the Sea

Law of the Sea. Introduction 1493 to 1958 UNCLOS I, II, and III Consequences. Introduction. Law as Custom Law as Multi-Party Agreements Law as Unilateral Agreements. 1493-1958. A. Spain and Portugal Columbus and Dias 2. Pope Alexander VI 3. Treaty of Tordesillas. 1493-1958.

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Law of the Sea

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  1. Law of the Sea Introduction 1493 to 1958 UNCLOS I, II, and III Consequences

  2. Introduction Law as Custom Law as Multi-Party Agreements Law as Unilateral Agreements

  3. 1493-1958 A. Spain and Portugal • Columbus and Dias 2. Pope Alexander VI 3. Treaty of Tordesillas

  4. 1493-1958 B. Holland and England • Hugo de Groot (Groetius) and Mare Liberum • John Selden and Mare Clausum • Cornelius van Bynkershoek and De Domino Maris

  5. 1493-1958 1608: Hugo de Groot (Groetius) and Mare Liberum The seas are the property of no one, because: • No nation can control the ocean • No nation can exhaust the ocean’s resources

  6. 1493-1958 1635: John Selden and Mare Clausum The seas can be seen as property, because: • They can be subject to national control • Their resources can be exhausted

  7. 1493-1958 1702: Cornelius van Bynkershoek and De Domino Maris • A nation can realistically control only the sea near its shore • That control comes out of the barrel of a gun - the Cannon Shot Rule and the 3-mile limit

  8. 1493-1958 1930: The Hague conference on international law • Precursor to UNCLOS • General agreement on treating coastal waters as sovereign territory

  9. 1493-1958 1945: The Truman Proclamations #2667 Natural Resources of the Subsoil and Sea-Bed of the Continental Shelf #2668 Coastal Fisheries in Certain Areas of the High Seas

  10. 1493-1958 #2667 “having concern for the urgency of conserving and prudently utilizing its natural resources, 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"

  11. 1493-1958 #2668 “In view of the pressing need for conservation and protection of fishery resources, 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. Where such activities have been or shall hereafter be developed and maintained by its nationals alone, the United States regards it as proper to establish explicitly bounded conservation zones in which fishing activities shall be subject to the regulation and control of the United States."

  12. 1493-1958 1945-1950: Latin America takes on the Truman Proclamations Mexico, 1945: Jurisdiction over continental shelf mineral & fishery resources Argentina, 1946: Sovereignty over the continental shelf and the overlying sea Chile, 1947: As Argentina, but out to 200 miles

  13. 1493-1958 1952: The Santiago Declaration Chile, Peru, and Ecuador claim 200 mile sovereignty Right of innocent passage through this 200 mile zone was explicitly acknowledged

  14. UNCLOS I, 1958 • High Seas • Territorial Sea and Contiguous Zone • Continental Shelf • Fishing and Conservation of Living Resources of the High Seas

  15. UNCLOS I, 1958 Convention on the High Seas • Freedom of Navigation • Freedom of Overflight • Freedom of Fishing • Freedom to Lay Cables and Pipelines

  16. UNCLOS I, 1958 Convention on Territorial Seas and Contiguous Zones • Territorial sovereignty over coastal waters extends beyond low tide line - no agreement on how far! • Contiguous seas at 12 miles from shore • Some problems here (Latin American claims)

  17. UNCLOS I, 1958 Convention on the Continental Shelf • Coastal nations have sovereignty over the seabed and its resources, but not over the water and airspace above the seabed • Problems with benthic species

  18. UNCLOS I, 1958 Convention Fishing and Living Resources of the High Seas • Recognized that marine resources were exhaustible • Resolution of disputes by “binding arbitration” was unpalatable • Undefined extent of “territorial sea” led to problems

  19. The Cod Wars, 1958-1976 • Post-War Prelude • 1st Cod War: 1958 • 2nd Cod War: 1972-1973 • 3rd Cod War: 1975-1976

  20. Post-War Prelude • 1944: Iceland gains independence from Denmark • 1950: Iceland extends its “fishery zone” to 4 miles • 1954 - 1958: Iceland’s catches decline outside the 4-mile zone

  21. 1st Cod War, 1958 • Iceland’s economy largely dependent upon fishing • Dwindling cod stocks in the North Sea send British trawlers towards Iceland • September, 1958, Iceland extends its “fishery zone” from 4 miles to 12 miles

  22. 1st Cod War, 1958 • September, 1958, Iceland extends its “fishery zone” from 4 miles to 12 miles

  23. 1st Cod War, 1958 • Britain doesn’t accept this extension, and has Royal Navy frigates accompany its trawlers into waters claimed by Iceland • Attempted boardings, collisions, warning shots • Iceland and UK agree to have International Court of Appeals in the Hague resolve disputes

  24. UNCLOS II, 1960 Goal was to resolve specific problems left by UNCLOS I • Width of Territorial Seas • Fisheries Limits NO AGREEMENT REACHED ON EITHER ISSUE!

  25. 2nd Cod War, 1972 • September, 1972, Iceland extends its “fishery zone” from 12 miles to 50 miles

  26. 2nd Cod War, 1972 • September, 1972, Iceland extends its “fishery zone” from 12 miles to 50 miles • Britain doesn’t accept this extension, and Iceland ignores the arbitration treaty • Iceland patrol boats cut the gear of British trawlers within the new 50 mile zone

  27. 2nd Cod War, 1972 • Iceland patrol boats cut the gear of British trawlers within the new 50 mile zone

  28. 2nd Cod War, 1972 • Again, Royal Navy frigates accompany British trawlers into waters claimed by Iceland • NATO intervenes, and an agreement to allow Britain to harvest a certain tonnage of fish within Iceland’s declared 50 mile limit is signed • This agreement extends to November, 1975

  29. Montevideo, Lima, andSanto Domingo Declarations(1970-1972) Latin American Nations Come to a Regional Consensus on 12-Mile Territorial Seas and 200-Mile “Patrimonial” Seas

  30. 3rd Cod War, 1975 • 1974: Cod stocks in trouble again • In 1964, 18-year old cod being caught; In 1974, nothing older than 12-years old; Reproductive capacity of stock is reduced • British fisheries scientists agree with the analyses of their Icelandic colleagues • So, one more time…

  31. 3rd Cod War, 1975 • Iceland extends its exclusion zone to 200 miles

  32. 3rd Cod War, 1975 • Iceland extends its exclusion zone to 200 miles • The termination date of the treaty allowing Britain to fish within waters claimed by Iceland passes • Iceland cuts trawling gear, British frigates ram Icelandic patrol boats, shots are fired • Iceland threatens to close an important NATO base • Britain backs down

  33. 3rd Cod War, 1975 • Iceland extends its exclusion zone to 200 miles • The termination date of the treaty allowing Britain to fish within waters claimed by Iceland passes • Iceland cuts trawling gear, British frigates ram Icelandic patrol boats, shots are fired • Iceland threatens to close an important NATO base • Britain backs down - • And establishes its own 200-mile limit

  34. 3rd Cod War, 1975 • “ Between scientists is was a very friendly cod war. The English are our best enemies” • “All the world was going to 200 miles. I said to the British minister ‘I am quite sure you are going to 200 miles in a few years, and then we will be able to advise you on how to do it’ ”

  35. UNCLOS III, 1973-1982 • 585 Days over a 9-year period • Largest Multilateral Treaty-Making Conference • Treaty Available for Signing in 1982 • Treaty Came in to Force in 1994 • U.S. Voted Against the Treaty • Many Nations have not Signed the Treaty

  36. UNCLOS III, 1973-1982 • 585 Days over a 9-year period • Largest Multilateral Treaty-Making Conference • Treaty Available for Signing in 1982 • Treaty Came in to Force in 1994 • U.S. Voted Against the Treaty • Many Nations have not Signed the Treaty

  37. Important agreements reached at UNCLOS III • Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles. • Contiguous zone up to 24 nautical miles from the shoreline for purposes of enforcement of customs, fiscal, immigration, or sanitary laws. • Exclusive economic zone up to 200 nautical miles from the shoreline for purposes of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the sea-bed and of the sea-bed and its subsoil. • The resources of the seabed and ocean floor and subsoil thereof beyond the limits of national jurisdiction are the common heritage of mankind. • An International Seabed Authority will organize, carry out, and control activities associated with the exploitation of the resources of the international seabed. • A parallel system will be established for exploring and exploiting the international seabed, one involving private and state ventures and the other involving the Authority. • A so-called Enterprise will carry out activities in the international seabed for the Authority and will be responsible for transporting, processing, and marketing minerals recovered from the international seabed.

  38. Countries that have not ratified UNCLOS III Cambodia, Colombia, Congo, North Korea, Dominican Republic, Ecuador, Eritrea, Estonia, Iran, Israel, Latvia, Liberia, Libya, Morocco, Niue, Peru, Syria, Thailand, East Timor, Turkey, United States, Venezuela, and 21 landlocked states including Afghanistan, Ethiopia, and Niger.

  39. UNCLOS III, 1973-1982 • U.S. Voted Against the Treaty • U.S. had already, unilaterally, adopted many of the treaty’s features, the most important being the adoption of the 200-mile EEZ in 1977.

  40. Capture landings by the USA, New Zealand, USSR/Russia, and Japan

  41. Consequences 12-Mile Territorial Sea 200-Mile Exclusive Economic Zone Rights of Innocent Passage

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