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THE HISTORICAL DEVELOPMENT OF THE REGIME OF THE TERRITORIAL

SEA AT UNCLOS III

ByMuhammad Shafiq Ridzuan Bin Mohd Fadzil 210139

Muhammad Nur Iman Bin Khairuddin 210218Muhammad Iqbal Bin Ma Hussin 210229

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Scope Introduction

What is TS? How TS is determined Function of TS

History Development of Territorial Sea Before 15th Century 15th Century 17th Century

Conflict involves The Territorial Sea The Gulf of Sidra

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Introduction

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Territorial Seas

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• A Territorial Sea is defined by the 1982 UNCLOS III is a belt of coastal waters extending at most 12 nautical miles from the baseline of a coastal state.

• The territorial sea is regarded as the sovereign territory of the state, although foreign ships are allowed to through at innocent passage this sovereignty also extends to the airspace over and seabed below.

• The term "territorial waters" is also sometimes used informally to describe any area of water over which a state has jurisdiction, including internal waters, the contiguous zone, the exclusive economic zone and potentially the continental shelf.

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5Schematic map of maritime zones.

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Maritime controversies involve two dimensions:(a) territorial sovereignty, which are a legacy of history(b) relevant jurisdictional rights and interests in maritime boundaries, which are mainly due to differing interpretations of the law of the sea.

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History Development of Territotial Sea

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TERRITORIAL SEA

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From Roman Empire to 15th CenturyNo consensus or uniform practice

Claims were ill-defined and reasons not clear.

A period where “Might is right”

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By 15th Century

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Extensive claims to oceans were abandoned

States claim to waters contiguous to their coasts.

The term “territorial sea” emerged as a result of Alberico Gentili works “De Jure Belli” in 1598 that proposed that a sovereign could treat waters adjacent to his state in the same way he treated his land territory. Reason; control over piracy and acts

that threatens the security of a state i.e to preserve good order, peace of the state.

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By 17th Century

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The content, purpose and breadth of TS becoming more clearly defined.

Cornelius Van Bynkershoek in his work “De Dominio Maris” 1702…proposed the TS breadth be 3 nm based on the canon-shot range.

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UNCLOS III 1973

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Agreement of TS breadth by 1973: 3 nm = 31 states 4 -10 nm = 9 states 12 nm = 70 states 12-200 nm = 12 states 200 nm = 15 states

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By 1978…

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3 nm = 20 states4 -10 nm = 16 states12 nm = 46 states12-200 nm = 12 states200 nm = 15 states

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By 1979…

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12 nm = 79 states Thus by UNCLOS 1980 – TS

accepted is 12 nm.

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Conflict Related to TS

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Conflicts still occur whenever a coastal nation claims an entire gulf as its territorial waters while other nations only recognize the more restrictive definitions of the UN convention.

Two recent conflicts occurred in the Gulf of Sidra where Libya has claimed the entire gulf as its territorial waters and the U.S. has twice enforced freedom of navigation rights, in the 1981 and 1989 Gulf of Sidra incidents

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The Gulf of Sidra

The Gulf of Sidra has been a major centre for tuna fishing in the Mediterranean for centuries. It gives its name to the city of Sirte situated on its western side.

The gulf measures 439 km from the promontory of Boreum on the East side to the promontory of Cephalae on the West. The greatest extension of the gulf inland is 180 km land inward and occupies an area of 22,000 square miles.

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Map of Libya

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Satellite image of the Gulf of Sirte

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-After the coup d'état which brought Muammar Gaddafi to power in 1969, there have been a number of international incidents concerning territorial claims of the Gaddafi regime over the waters of the Gulf of Sidra

-In 1973, Gaddafi claimed much of the Gulf of Sidra to be within Libyan internal waters by drawing a straight line at 32 degrees, 30 minutes north between a point near Benghazi and the western headland of the gulf at Misrata with an exclusive 62 nautical miles fishing zone.

-Gaddafi declared it The Line of Death, the crossing of which would invite a military response.

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-The United States claimed its rights to conduct naval operations in international waters, a standard of 12-mile (19 km) territorial limit from a country's shore.

-Gaddafi claimed it to be a territorial sea, not just a coastal area. In response the United States authorized Naval exercises in the Gulf of Sidra to conduct Freedom of Navigation (FON) operations.

-On March 21, 1973, Libyan fighter planes intercepted and fired on a U.S. Air Force C-130 conducting signals intelligence off the Libyan coast.

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-In August 1981, during the United States Sixth Fleet Freedom of Navigation exercises, two Libyan Su-22 Fitter fighter-bombers were intercepted by two F-14 Tomcat fighters from the aircraft carrier Nimitz.

-During the engagement, one of the American planes was targeted by an air-to-air Atoll missile.

-In 1989, in another Gulf of Sidra incident, two Libyan MiG-23 Flogger Es aircraft were shot down when it was believed they were about to attack the U.S. fighters that were in the area

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THANK YOU

Q & A


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