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Saturday, February 1, 2020 | History

2 edition of law of territorial waters and maritime jurisdiction found in the catalog.

law of territorial waters and maritime jurisdiction

Philip C. Jessup

law of territorial waters and maritime jurisdiction

the nature and extent of civil and criminal jurisdiction in marginal seas as evidenced by decisions of national and international courts, statutes, treaties, state papers, text writers, and general principles of international law, with commentaries and a proposed code

by Philip C. Jessup

  • 121 Want to read
  • 30 Currently reading

Published by Kraus Reprint in New York .
Written in English

    Subjects:
  • Territorial waters.,
  • Maritime law -- United States.,
  • Prohibition -- United States.,
  • Searches and seizures -- United States.,
  • Prohibition -- United States -- Cases.,
  • United States -- Foreign relations -- Treaties.

  • Edition Notes

    Statementby Philip C. Jessup.
    The Physical Object
    Paginationxxxviii, 548 p. ;
    Number of Pages548
    ID Numbers
    Open LibraryOL14319352M

    The coastal State is required not to hamper or impair innocent passage or to apply rules and regulations in this regard in a discriminatory manner. The Commission must make recommendations on matters related to the establishment of the outer limits of their continental shelf. The law developed out of well-settled usages culminating in customary law. In the Gulf of Finlandthere is a strip of international waters regardless of the 12 nmi limit: the outer limit of the territorial sea shall at no place be closer to the midline than 3 nautical miles 5. See tidelands.

    Contiguous Zone Contiguous zone is that part of the sea which is beyond and adjacent to the territorial waters of the coastal state. Prosecution should not be undertaken following a foreign prosecution unless substantial Federal interests were left unvindicated. Japan: 3 nautical miles 5. Amid growing competition over sea trade, Dutch jurist and philosopher Hugo Grotius —considered the father of international law generally—wrote Mare Liberum The Freedom of the Seaspublished inwhich set forth the principle that the sea was international territory and that all nations were thus free to use it for trade. However, the regime has been considerably changed under the Convention on the Law of the Sea of The portion of the continental shelf beyond the nautical mile limit is also known as the extended continental shelf.

    National rights and jurisdiction over the seas were limited to a specified belt of water extending from a nation's coastlinesusually three nautical miles 5. The Maritime Zones Act proclaims the sovereignty of India over the territorial waters of India and the seabed and sub-soil underlying and the airspace over such water. All foreign ships are given the right of innocent passage through the territorial waters. A coastal State has sovereign rights and exclusive jurisdiction over its continental shelf for the purpose of exploring it and exploiting its natural resources. Despite the apparent universal application of the term "high seas," it was early held that, as a general rule, Federal criminal jurisdiction does not attach to offenses committed by and against foreigners on foreign vessels.


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law of territorial waters and maritime jurisdiction by Philip C. Jessup Download PDF Ebook

Since the late 20th century the "12 mile limit" has become almost universally accepted. Rights of Other States It is the customary rule of International law that territorial sea is open to merchant vessels of all the states for navigation.

Truman's proclamation cited the customary international law principle of a nation's right to protect its natural resources. Army Command Announcement law of territorial waters and maritime jurisdiction book 1 August The coastal State is required not to hamper or impair innocent passage or to apply rules and regulations in this regard in a discriminatory manner.

Cameroon: See article 45 of Law of 18 January on the revision of the Constitution of 2 June Within its EEZ, a coastal State has: a sovereign rights for the purpose of exploring, exploiting, conserving and managing natural resources, whether living or nonliving, of the law of territorial waters and maritime jurisdiction book and subsoil and the superjacent waters and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds; b jurisdiction as provided for in international law with regard to the establishment and use of artificial islands, installations, and structures, marine scientific research, and the protection and preservation of the marine environment, and c other rights and duties provided for under international law.

Article30 Non-compliance by warships with the laws and regulations of the coastal State If any warship does not comply with the laws and regulations of the coastal State concerning passage through the territorial sea and disregards any request for compliance therewith which is made to it, the coastal State may require it to leave the territorial sea immediately.

India has proclaimed nautical miles from the baselines as its continental shelf. Article22 Sea lanes and traffic separation schemes in the territorial sea 1. The system of straight baselines may not be applied by a State in such a manner as to cut off the territorial sea of another State from the high seas or an exclusive economic zone.

Also distinct from territorial waters are the claims made after by many states to the continental shelf off their shores, in or on which potentially valuable resources might exist. Page Department of State, Dispatch Magazine, Vol. In fact, many of the provisions repeat verbatim or in essence the provisions of the Geneva Conventions, or give more detailed rules on matters covered by them.

The Convention contains detailed machinery for the settlement of disputes, including an International Tribunal for the Law of the Sea.

Article9 Mouths of rivers If a river flows directly into the sea, the baseline shall be a straight line across the mouth of the river between points on the low-water line of its banks.

Maritime territory

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.

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. The coastal State shall give due publicity to all such laws and regulations.

Maritime Zones and Boundaries

Two methods have been laid down for measuring the breadth of the territorial sea: the low-water line and the straight baseline. Article13 Low-tide elevations 1. As far as Greenland is concerned, the outer limit of the external territorial waters may be measured at a distance shorter than 12 nautical miles Indian Position on Contiguous Zone India has claimed contiguous zone to the extent of twenty-four nautical miles by enacting law of territorial waters and maritime jurisdiction book Maritime Zones Act of (a) For the purposes of the special maritime and territorial jurisdiction of the United States as defined in 18 U.S.C.

7, high seas means the Great Lakes and all waters seaward of the territorial sea baseline. 3. The sovereignty over the territorial sea is exercised subject to this Convention and to other rules of international law. SECTION 2. LIMITS OF THE TERRITORIAL SEA.

Article3. Breadth of the. The law of territorial waters and maritime jurisdiction: the nature and extent of civil and criminal jurisdiction in marginal seas as evidenced by decisions of national and international courts, statutes, treaties, state papers, text writers, and general principles of international law, with commentaries and a .Dec 03,  · International waters pdf those located outside any nation’s territorial waters.

Some refer to these waters pdf the open seas or the high seas. No nation ‘owns’ these waters. They generally extend about nautical miles from the shore of a country, and are broken into different sections in which the particular country has various rights.The law of territorial waters and maritime jurisdiction: the nature and extent of civil and criminal jurisdiction in marginal seas as evidenced by decisions of national and international courts, statutes, treaties, state papers, text writers, and general principles of international law, with commentaries and a .The term ebook waters is sometimes used informally to refer to any area of water over which a state has jurisdiction, including internal waters, the territorial sea, the contiguous zone, the exclusive economic zone and potentially the continental shelf.

In a narrower sense, the term is used as a .