Territorial sea

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Text of Territorial sea

  • 1. ByMuhammad Shafiq Ridzuan Bin Mohd Fadzil 210139Muhammad Nur Iman Bin Khairuddin 210218Muhammad Iqbal Bin Ma Hussin 210229

2. 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 2 3. 3 4. A Territorial Sea is defined by the 1982 UNCLOS III is abelt of coastal waters extending at most 12 nautical milesfrom the baseline of a coastal state. The territorial sea is regarded as the sovereign territoryof the state, although foreign ships are allowed tothrough at innocent passage this sovereignty alsoextends to the airspace over and seabed below. The term "territorial waters" is also sometimes usedinformally to describe any area of water over which astate has jurisdiction, including internal waters, thecontiguous zone, the exclusive economic zone andpotentially the continental shelf. 4 5. Schematic map of maritime zones. 5 6. Maritime controversies involve twodimensions:(a) territorial sovereignty, which are a legacy ofhistory(b) relevant jurisdictional rights and interests inmaritime boundaries, which are mainly due todiffering interpretations of the law of the sea.7 7. 8 8. From Roman Empire to 15thCentury No consensus or uniform practice Claims were ill-defined andreasons not clear. A period where Might is right 9 9. Extensive claims to oceans were abandoned States claim to waters contiguous to theircoasts. The term territorial sea emerged as a resultof Alberico Gentili works De Jure Belli in1598 that proposed that a sovereign couldtreat waters adjacent to his state in the sameway 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. 10 10. The content, purpose and breadth of TSbecoming more clearly defined. Cornelius Van Bynkershoek in his workDe Dominio Maris 1702proposedthe TS breadth be 3 nm based on thecanon-shot range. 11 11. 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 12 12. 3 nm = 20 states 4 -10 nm = 16 states 12 nm = 46 states 12-200 nm = 12 states 200 nm = 15 states13 13. 12 nm = 79 states Thus by UNCLOS 1980 TSaccepted is 12 nm. 14 14. Conflicts still occur whenever a coastal nationclaims an entire gulf as its territorial waterswhile other nations only recognize the morerestrictive definitions of the UN convention. Two recent conflicts occurred in the Gulf ofSidra where Libya has claimed the entire gulfas its territorial waters and the U.S. has twiceenforced freedom of navigation rights, in the1981 and 1989 Gulf of Sidra incidents 15 15. The Gulf of Sidra has been a major centre fortuna fishing in the Mediterranean for centuries.It gives its name to the city of Sirte situated onits western side. The gulf measures 439 km from thepromontory of Boreum on the East side to thepromontory of Cephalae on the West. Thegreatest extension of the gulf inland is 180 kmland inward and occupies an area of 22,000square miles. 16 16. Map of Libya 17 17. Satellite image of the Gulf of Sirte 18 18. -After the coup dtat which broughtMuammar Gaddafi to power in 1969, therehave been a number of international incidentsconcerning territorial claims of the Gaddafiregime over the waters of the Gulf of Sidra -In 1973, Gaddafi claimed much of the Gulf ofSidra to be within Libyan internal waters bydrawing a straight line at 32 degrees, 30minutes north between a point near Benghaziand the western headland of the gulf at Misratawith an exclusive 62 nautical miles fishingzone. -Gaddafi declared it The Line of Death, thecrossing of which would invite a militaryresponse.19 19. -The United States claimed its rights to conductnaval operations in international waters, astandard of 12-mile (19 km) territorial limitfrom a countrys shore. -Gaddafi claimed it to be a territorial sea, notjust a coastal area. In response the UnitedStates authorized Naval exercises in the Gulf ofSidra to conduct Freedom of Navigation (FON)operations. -On March 21, 1973, Libyan fighter planesintercepted and fired on a U.S. Air Force C-130conducting signals intelligence off the Libyancoast. 20 20. -In August 1981, during the United States SixthFleet Freedom of Navigation exercises, twoLibyan Su-22 Fitter fighter-bombers wereintercepted by two F-14 Tomcat fighters fromthe aircraft carrier Nimitz. -During the engagement, one of the Americanplanes was targeted by an air-to-air Atollmissile. -In 1989, in another Gulf of Sidra incident, twoLibyan MiG-23 Flogger Es aircraft were shotdown when it was believed they were about toattack the U.S. fighters that were in the area 21