What rights do ships of various countries have in national waters?

According to the Convention on the Law of the Sea, the division of sea areas begins with the baseline for measuring the width of the territorial sea. Baseline is the dividing line between land and sea. The waters on the land side of the baseline are part of coastal domestic waters, and the sea side of the baseline includes eight sea areas, including territorial sea, contiguous zone, exclusive economic zone, continental shelf, straits used for international navigation, archipelagic waters, high seas and international seabed area.

National waters

Internal water is the sea area on the land side of the territorial sea baseline. These include coastal ports, bays and straits of coastal countries. This sea area is part of the sovereign jurisdiction of coastal countries, and foreign ships and planes are not allowed to enter without permission.

Legal status of internal water:

1. Without the permission of the coastal state, all foreign ships are not allowed to sail in its internal waters.

2. If foreign merchant ships are allowed to enter the domestic waters of a country, they can sail into the ports designated by the country in accordance with the laws and regulations of the country, and ships in distress can enter, but they must abide by the rules and regulations of coastal countries.

3. Foreign warships must go through certain formalities through diplomatic channels before they can enter a country's internal waters.

4. Coastal countries can exercise territorial jurisdiction over foreign ships entering their internal waters, but usually only when their interests are harmed will they enforce their laws. Matters that are purely internal to the ship are generally under the jurisdiction of the flag State.

Territorial/territorial waters

The territorial sea is a sea area with a certain width from the baseline of the coastal country's territorial sea to the sea side. The coastal country has the right to decide the width of this sea area and decide whether to adopt a straight baseline or a normal baseline. Coastal countries enjoy territorial sovereignty, but foreign ships should be allowed to pass harmlessly. Coastal States have the right to formulate laws and regulations for innocent passage, but they should not hinder the innocent passage of foreign ships, and should properly publicize the situation in the territorial waters that is dangerous to navigation. UNCLOS stipulates that the width of the territorial sea shall not exceed 12 nautical mile.

Adjacent area

The contiguous zone is a sea area where coastal countries exercise administrative jurisdiction over customs, finance, immigration and health outside the territorial sea. The convention on the territorial sea and the contiguous zone stipulates that the scope of the contiguous zone should not exceed the baseline 12 nautical mile. The law of the sea convention stipulates that it shall not exceed 24 nautical miles.

Exclusive area

The exclusive economic zone is a self-contained sea area, and its scope does not exceed 200 nautical miles. Coastal countries have the sovereign right to explore, develop, conserve and manage natural resources in the exclusive economic zone, as well as the jurisdiction to build artificial islands, facilities and structures, engage in marine scientific research and protect and preserve the marine environment. Other countries have the right to sail, fly over and lay submarine cables and pipelines in the exclusive economic zone. In exercising these rights, they must abide by the relevant laws and regulations of coastal countries. At present, 77 countries have announced the establishment of a 200-nautical-mile jurisdiction area, of which 55 countries have established exclusive economic zones.

Exclusive economic zone: this sea area

Outside and adjacent to the territorial sea, its scope does not exceed 200 nautical miles from the baseline of the territorial sea.

The rights and obligations of coastal States in the following aspects:

1. Explore and develop, protect and manage the seabed and subsoil and their overlying waters.

China and the International Law of the Sea

The sovereign right of natural resources and the sovereign right to engage in economic development and exploration activities in the region.

2. Coastal States have jurisdiction over the construction and use of artificial islands, facilities and structures, marine scientific research and the protection and promotion of the marine environment in the region.

3. Obligation: To prevent, reduce and control the pollution caused by dumping, ships or seabed activities in the economic zone, but its regulations must conform to generally accepted international regulations and standards.

Rights and obligations of other countries in the exclusive economic zone:

The right to sail, fly over and lay submarine cables and pipelines

Not more than 200 nautical miles from the baseline of the territorial sea.

continental shelf

The continental shelf is a natural extension of the land territory of coastal countries from the territorial sea to the ocean.

United Nations Convention on the Law of the Sea

The seabed and subsoil of the seabed area extending to the outer edge of the continental margin. Coastal countries have the sovereign right to exploit the natural resources of their continental shelf. This right is exclusive and does not depend on whether it is explicitly stated. Without the consent of the coastal state, no country may engage in resource development activities on the continental shelf of the coastal state. The outer limit of the continental shelf is from the baseline of territorial sea to the outer edge of continental margin. Natural extension of less than 200 nautical miles, can be extended to 200 nautical miles. If it exceeds 200 nautical miles, it should not exceed 350 nautical miles, or it should not exceed 2500 meters beyond the isobath 100 nautical miles. The boundary of the continental shelf between opposite or adjacent countries should be demarcated by the countries concerned through agreement in order to achieve a fair settlement.

Continental Shelf: The continental shelf of a coastal country, according to the whole natural extension of its land territory, includes the seabed and subsoil in the seabed area extending to the outer edge of the continental margin outside its territorial sea. That is, all natural extensions from the territorial subsoil to the land territory except the land subsoil.

The standard of continental shelf: First, if the land territory extends to the seabed less than 200 nautical miles, it can extend to 200 nautical miles; Second, if the extension exceeds 200 nautical miles, it should not exceed 350 nautical miles from the baseline for measuring the width of the territorial sea, or 100 nautical miles from the connection point of the 2500m isobath at a depth of 2500m.

Rights of coastal States on the continental shelf:

1. Develop natural resources

2. The exclusive right to authorize and manage drilling activities on the continental shelf for any purpose.

3. Have the authority and management right to build, operate and use artificial islands, facilities and structures, and have exclusive jurisdiction over these artificial islands, facilities and structures.

international strait

In practice, a strait used for international navigation refers to a strait connecting two high seas or two exclusive economic zones and used for international navigation. The Convention on the Law of the Sea stipulates that in straits used for international navigation, ships and planes of all countries can pass through and fly over, and coastal countries shall not hinder or stop them. However, in order to pass laws and regulations, foreign ships and planes passing by must abide by them. This system is called "transit passage system". However, if the strait has a waterway that passes through the high seas or exclusive economic zone, connects the territorial sea with the high seas or exclusive economic zone, and is composed of islands with the same navigation and hydrological characteristics on the seaward side of the island, the transit passage system is not applicable and the innocent passage system is used.

archipelagic waters

Archipelago waters is a new concept created by UNCLOS, which refers to the waters surrounded by archipelagic countries connecting their outermost islands in a straight line. The sovereignty of archipelagic countries extends to the airspace, seabed and subsoil of archipelagic waters and the resources therein. Foreign ships have the right to pass through the waters of the whole archipelago harmlessly. Archipelago countries can designate appropriate sea lanes and air lanes in these waters for foreign ships and planes to pass through, which is the so-called "archipelagic sea lanes right of way". Foreign ships and aircraft exercising this power shall not use threat or force against the archipelagic countries, and shall abide by international laws and regulations on maritime safety and aviation rules.

distant sea

The high seas are all sea areas in the ocean except the exclusive economic zone, territorial waters or internal waters or archipelagic waters. The high seas are open to all countries, and any country can enjoy the freedom of navigation, overflight, laying submarine cables and pipelines, building artificial islands and facilities, fishing and scientific research on the high seas. Ships on the high seas are only under the jurisdiction of their flag States. When exercising the above freedoms, all countries shall not infringe upon or damage the equal rights of other countries, and shall have the obligation to maintain submarine cables and pipelines, conserve marine living resources and protect the marine environment.

High seas: refers to all sea areas that are not included in a country's territorial waters or internal waters.

The legal system of the high seas:

1. Freedom on the high seas

2. Navigation system:

Navigation right: A vessel that has the right to sail on the high seas and fly its flag.

Nationality of the ship: nationality of the flag country.

The power of warships on the high seas: boarding right, hot pursuit right,

3. System for laying submarine cables and pipelines

Six sources of marine pollution:

1. Land resources

2. Seabed activities within national jurisdiction

3. Activities in the region

dump rubbish

5. From the boat

6. From the atmosphere

region

The international seabed area, referred to as the "Area" for short,

Research on the International Tribunal for the Law of the Sea

Refers to the seabed and ocean floor and subsoil beyond the jurisdiction of the state. The "area" and its resources are the property inherited by mankind, and no country may occupy or claim rights. The resources in the Area shall be managed by the International Seabed Authority. The area is open to all countries. The Convention on the Law of the Sea stipulates that regional development adopts the "parallel development system". Any natural person or legal person with the nationality of a State party to the Convention or under the control of a national of a State party may apply to the Authority for exploitation in accordance with the conditions stipulated in the Convention. The management and development system of the international seabed area embodies the principle that the "area" and its resources are the common heritage of mankind.

basis

The baseline of territorial sea is the dividing line between land and sea, and the normal baseline is the low tide line along the coast, that is, the line where the sea ebbs to the lowest point.

Straight baseline: the baseline formed by connecting appropriate points along the coast.

port

A harbor with natural conditions and artificial equipment along the coast is called a port.

bay

The place along the coast that is concave to the land is called water bend. A bay is an obvious water bend, but it can only be called a bay if the area of the water bend is equal to or greater than the area of a semicircle with the radius of the straight line drawn through the bend.

The legal status of the waters in the bay often depends on the width of the products in the bay. There are three situations.

1. The width of the bay mouth shall not exceed the sum of the widths of the territorial waters on both sides.

2. The straight baseline with a bay mouth width exceeding 24 nautical miles shall be drawn in the bay.

3. A "historic bay" whose mouth width exceeds the sum of the territorial waters on both sides of the Taiwan Strait.

Historical bay: refers to a bay whose coast belongs to a country and whose estuary is wider than the sum of the territorial waters on both sides of the strait, but which is recognized as its internal water by coastal countries according to historical rights. Contains three elements.

1. The countries claiming this historic right exercise their rights over the waters.

2. It has become a common practice that this right should be exercised continuously for a period of time;

All countries recognize the exercise of this right.

Territorial/territorial waters

National sovereignty extends to its land territory and the sea area adjacent to its coast outside its internal water, and stipulates that the sovereignty of coastal countries extends to the space above its seabed and subsoil.

1. The territorial sea refers to the sea area adjacent to its coast except land and internal water.

2. The sovereignty of the coastal state extends to the territorial sea.

3. The territorial sea includes water, seabed and airspace.