Public International Law Lecture 5
September 2013 Coast Gard of Russia entered the artic sunrise. A ship
that was operated by Greenpeace and used to protest against oil drilling
and exploitations.
This oil platform is located 20 miles from the Russia coast. FSB-team
boarded the ship, they arrested the people on the boat. Charged with
Piracy and a crime under Russian law. NL protested against this. Artric
Sunrise was sailing under the NL Flag. By boarding the ship Russia had
breached its obligations under the law of the sea and committed a
wrongful acts against the NL. NL demanded that the crew and the ship will
be released a.s.a.p.
Russia failed to do so. NL started proceedings against Russia. International
Arbitration Tribunal, 2 years after the incident.
The NL and Russia disagreed about the scope of their obligations under
the law of the sea.
Main principles underlying the law of the sea
State exercises jurisdiction at sea:
No states may claim sovereignty over entire oceans. Seas are (as a matter
of principle) free for all: mare liberium.
Every state may use the oceans. Subject to only a small limitation: 70th
Century: coastal states exercised jurisdiction exclusively over small areas
next to the coast. Coastal waters. This coastal state could exercise
efective control over this waters. Territorial waters: waters right in front of
the coast.
After WOII it became clear that states has interest in exercise jurisdiction
over waters because of protection and economic reasons.
Conflicting interests between developing states leads to a codiication:
UNCLOS.
It took 8 years to reach compromises. 322 articles. Codiication of
customary international law, most provisions but not all. 167 states have
become party to the convention.
How did the drafters of UNCLOS come to compromises: dividing the
oceans in maritime zones. The zones reflect the compromises.
Maritime zones
On the basis of art. 5 coastal states are allowed to use to low water line
along the coast. But what if a coastal line of a state is not so easy, like the
western coast of Norway, or what to do with the waddeneilanden. Art. 7:
states are allowed to draw straight baselines. The NL has drown straight
baselines north of the waddeneilanden. Because of that De Waddenzee is
a internal water of NL.
Coastal states are obliged to make charts, art. 16.
September 2013 Coast Gard of Russia entered the artic sunrise. A ship
that was operated by Greenpeace and used to protest against oil drilling
and exploitations.
This oil platform is located 20 miles from the Russia coast. FSB-team
boarded the ship, they arrested the people on the boat. Charged with
Piracy and a crime under Russian law. NL protested against this. Artric
Sunrise was sailing under the NL Flag. By boarding the ship Russia had
breached its obligations under the law of the sea and committed a
wrongful acts against the NL. NL demanded that the crew and the ship will
be released a.s.a.p.
Russia failed to do so. NL started proceedings against Russia. International
Arbitration Tribunal, 2 years after the incident.
The NL and Russia disagreed about the scope of their obligations under
the law of the sea.
Main principles underlying the law of the sea
State exercises jurisdiction at sea:
No states may claim sovereignty over entire oceans. Seas are (as a matter
of principle) free for all: mare liberium.
Every state may use the oceans. Subject to only a small limitation: 70th
Century: coastal states exercised jurisdiction exclusively over small areas
next to the coast. Coastal waters. This coastal state could exercise
efective control over this waters. Territorial waters: waters right in front of
the coast.
After WOII it became clear that states has interest in exercise jurisdiction
over waters because of protection and economic reasons.
Conflicting interests between developing states leads to a codiication:
UNCLOS.
It took 8 years to reach compromises. 322 articles. Codiication of
customary international law, most provisions but not all. 167 states have
become party to the convention.
How did the drafters of UNCLOS come to compromises: dividing the
oceans in maritime zones. The zones reflect the compromises.
Maritime zones
On the basis of art. 5 coastal states are allowed to use to low water line
along the coast. But what if a coastal line of a state is not so easy, like the
western coast of Norway, or what to do with the waddeneilanden. Art. 7:
states are allowed to draw straight baselines. The NL has drown straight
baselines north of the waddeneilanden. Because of that De Waddenzee is
a internal water of NL.
Coastal states are obliged to make charts, art. 16.
