Transcript Chapter 13 Lecture - Law of the Sea

Law of the Sea
1. Introduction
2. 1493 to 1958
3. UNCLOS I, II, and III
4. Consequences
Introduction
1. Law as Custom
2. Law as Multi-Party Agreements
3. Law as Unilateral Agreements
1493-1958
A. Spain and Portugal
1. Columbus and Dias
2. Pope Alexander VI
3. Treaty of Tordesillas
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1493-1958
B. Holland and England
•
Hugo de Groot (Groetius) and Mare Liberum
2. John Selden and Mare Clausum
3. Cornelius van Bynkershoek and De Domino Maris
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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
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
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
1493-1958
1930: The Hague conference on international law
• Precursor to UNCLOS
• General agreement on treating coastal waters as
sovereign territory
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
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"
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."
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
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
UNCLOS I, 1958
•
High Seas
•
Territorial Sea and Contiguous Zone
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Continental Shelf
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Fishing and Conservation of Living Resources of the
High Seas
UNCLOS I, 1958
Convention on the High Seas
•
Freedom of Navigation
•
Freedom of Overflight
•
Freedom of Fishing
•
Freedom to Lay Cables and Pipelines
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)
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
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
The Cod Wars, 1958-1976
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Post-War Prelude
•
1st Cod War: 1958
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2nd Cod War: 1972-1973
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3rd Cod War: 1975-1976
Post-War Prelude
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1944: Iceland gains independence from Denmark
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1950: Iceland extends its “fishery zone” to 4 miles
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1954 - 1958: Iceland’s catches decline outside the
4-mile zone
1st Cod War, 1958
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Iceland’s economy largely dependent upon fishing
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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
1st Cod War, 1958
•
September, 1958, Iceland extends its “fishery zone”
from 4 miles to 12 miles
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
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!
2nd Cod War, 1972
•
September, 1972, Iceland extends its “fishery zone”
from 12 miles to 50 miles
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
2nd Cod War, 1972
•
Iceland patrol boats cut the gear of British trawlers
within the new 50 mile zone
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
Montevideo, Lima, and
Santo Domingo Declarations
(1970-1972)
Latin American Nations Come to a Regional Consensus on
12-Mile Territorial Seas and 200-Mile “Patrimonial” Seas
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…
3rd Cod War, 1975
•
Iceland extends its exclusion zone to 200 miles
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
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Iceland cuts trawling gear, British frigates ram
Icelandic patrol boats, shots are fired
•
Iceland threatens to close an important NATO base
•
Britain backs down
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
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’ ”
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
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
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.
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.
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.
Capture landings by the USA, New Zealand, USSR/Russia, and Japan
Consequences
1. 12-Mile Territorial Sea
2. 200-Mile Exclusive Economic Zone
3. Rights of Innocent Passage