5. Международное морское право. Правовой режим прибрежных зон.

The law of the Sea: legal regime of coastal zones

The 1982 Convention on the Law of the Sea (entered into force in 1994):

• defines the rights and responsibilities of nations in their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources.

• sets the limit of various areas, measured from a carefully defined baseline:

• Normally, a sea baseline follows the low-water line, but when the coastline is deeply indented, has fringing islands or is highly unstable, straight baselines may be used

Internal waters:

• rivers, lakes, sea waters within baselines

• full and exclusive sovereignty of the State

• no right of innocent passage

The territorial sea:

• breadth limit – 12 nautical miles from baseline

• complete sovereignty of the coastal State (along with airspace, seabed, and subsoil)

• right of innocent passage of foreign merchants' ships and warships

The contiguous zone:

• up to 24 nautical miles from the baselines

• coastal State may enforce laws in four specific areas: pollution, taxation, customs, and immigration.

The exclusive economic zone

• extends to 200 nautical miles

• coastal State has sole exploitation rights over all natural resources

• freedom of navigation and overflight

The continental shelf – seabed and subsoil extending beyond territorial sea throughout the natural prolongation of the land territory

• not more than 350 nautical miles from baselines

• exclusive control over living resources "attached" to the continental shelf, but not to creatures living in the water column beyond the exclusive economic zone.

High seas:

• free for every State, is province of all mankind (res communis omnium)

• freedoms of navigation and overflight,

• laying submarine cables and pipelines,

• fishing, scientific research,

• constructing artificial islands and other installations (if permitted by international rules)

Landlocked states are given a right of access to and from the sea, without taxation of traffic through transit states.

The right of hot pursuit ceases as soon as the pursued vessel enters territorial waters of its state or territorial waters of the third state.

6. Право внешних сношений. Привилегии и иммунитеты дипломатического представительства.

International customary law grants a host of privileges and immunities to diplomatic mission. They are laid down in the Vienna Convention on Diplomatic Relations, of 1961.

Privileges and immunities of the diplomatic missions:

• Freedom of use of national symbols and flags on the premises, cars

- premises of DM are inviolable (agents of receiving State are not entitled to enter without consent of head of mission; must be protected against intrusion or damage, disturbance of peace, impairment of dignity)

• The premises of the mission, their furnishings and other property and the means of transport of the mission shall be immune from search, requisition, attachment or execution

• archives are inviolable (R state permit and protect free communication, official correspondence, diplomatic bags-not opened or detained, diplomatic couriers-personal inviolability)

The R state shall accord full facilities for the performance of the functions of the mission.

By way of Quid pro quo members of d.m. owe duties towards the receiving State:

• to respect the law

• premises must not be used in any manner incompatible with the functions of the mission