大国崛起—中国的海洋权益保障.ppt

The historical development of the law of the sea The codification of the law of the sea Baselines 1. The normal baseline: “for measuring the breadth of the territorial sea is the low-water line along the coast as marked on the large-scale charts officially recognised by the coastal State.”-§5, UNCLOS 2. The straight baseline: may be used in localities where the coastline is deeply indented and cut into, or if there is a fringe of islands along the coast in its immediate vicinity.- §7, UNCLOS Anglo-Norwegian Fisheries Case (1951) The conditions of using straight baselines: Must not depart to any appreciable extent from the general direction of the coast, and the sea areas lying within the lines must be sufficiently closely linked to the land domain to be subject to the regime of internal waters. May not be drawn to or from low-tide elevations unless lighthouses or similar installations which are permanently above sea level have been built on them. May not in such a way as to cut off from the high seas or the territorial sea of another State. Baselines for special geographic feature Bays River months Harbour works Low-tide elevations: a naturally formed area of land which is surrounded by and above water at low tide but submerged at high tide.-§13 (1), UNCLOS Archipelagic baselines straight lines may be drawn around the outermost points of the archipelago and such lines form the baseline from which the territorial sea and other zones are measured. Internal waters Internal, or national, or interior, waters are those waters which lie landward of the baseline from which the territorial sea and other maritime zones are measured. -§8, UNCLOS Internal waters of a maritime character mostly comprise bays, estuaries and ports, and waters enclosed by straight baselines. The territorial sea The limit of the territorial sea at twelve nautical miles Legal status of the territorial sea The sovereignty of States over their territorial seas. Q: How about the sea bed, subsoi