Lecture Notes after Test 2

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University of Toronto Mississauga
Political Science
Aurel Braun

February 25, 2013 • Laws of the sea • UN conference on the law of the seas (UNCLOS) o UNCLOS I – 1958 in Geneva  Draw up four conventions • Convention on territorial sea and Contiguous zone • Convention on high seas • Convention on fishing and conservation of living resource of the high seas • Convention on continental shelf  Failed to agree on some areas, such as ‘what is the width of the territorial sea?’ o UNCLOS II – 1960  No new agreements o UNCLOS III – 1967  Big western states refused to sign the treaty (thought it was lousy) • US, UK, France, Italy, Germany • 159 signed but not ratified  Law of Universality  High seas • Internal waters o Covers all water and waterways on the landward side of the baseline. The coastal state is free to set laws, regulate use, and use any resource. Foreign vessels have no right of passage within internal waters. o Jurisdiction is not exclusive  Ships of another state (ex.American ship sailing down st Lawrence (internal waters of Canada) to Chicago)  The flag state also has jurisdiction (US)  If a crime is committed, the flag state can ALSO try the criminals (share jurisdiction) o Coastal state (ex. Canada)  Will not interfere when the exercise of disciplinary powers by the captain over his crew  Captain has powers over his ship o If the crime committed on board does not affect the good order of the coastal state or any of its inhabitants, the coastal state will usually allow the
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