1. The Law of The Sea

2. Doctrines  Res nullius: Freedom of the sea, all countries may lay claim on territories of the open sea  Grotius: No ocean can be the property of a nation  Res Gentium: Nature does not give a right to anyone to appropriate things that may be used by everyone and are exhaustible  UN Convention on the Law of the Sea (1982)

3. Conferences  League of Nations Hague Codification Conference – 1930 (contiguous zone, territorial sea)  The First United Nations Conference on The Law of The Sea 1958 Geneva (UNCLOS I) 4 Conventions:  Territorial Sea and The Contiguous Zone  The High Seas  Fishing and Conservation of the Living of The High Seas  The Continental Shelf  (No concession on the territorial sea)  UNCLOS II 1960  UNCLOS (1973-1982)  Diplomat Malta, Arvid Padro  Sea bed Resources  Fisheries  Protection of Marine Environment  Decolonization

4. The UNCLOS Regime  The Territorial Sea  Contiguous Zone  Exclusive Economic Zone  Continental Shelf  Innocent Passage  Archipelagic State

5. The Territorial Sea  The Sovereignty of a coastal state extends beyond its land territory and internal waters and/or archipelagic waters to the Territorial Sea, the superjacent air space and the bed and subsoil thereof.  Breadths and Limits: 12 nautical miles measured from the baselines

6. The Contiguous Zone  Coastal states may exercise control necessary to prevent infringement of its customs, fiscal, immigration on sanitary law and regulations within its territorial sea and punish such infringements.  Breadth and Width: 24 miles from the baseline

7. The Exclusive Economic Zone (EEZ)  Adjacent coastal states do not have full territorial sovereignty, but have rights for exploration, exploitation, conservation and management rights of natural maritime resources jurisdiction with due regard to the rights of other states.  200 nautical miles from the baselines from which the Territorial Sea is measured

8. The Continental Shelf  The seabed and subsoil of submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin.  200 nautical miles from the baselines where the outer edge of the continental margin does not extend up to that distance

9. The High Seas  “Open Sea”  Only applies to all parts of the sea not yet included in EEZs, territorial seas, or internal waters of states or archipelagic waters.  High seas are entirely open to all states (coastal or land-locked) with freedoms of navigation, overflight, laying of submarine cables, pipelines, construction of artificial islands, fishing and scientific research with due regard to the interest of other states.

10. Archipelagic State  “A state constituted wholly by one or more archipelagos and may include other islands”. ¹  A Doctrine introduced by Indonesia on the basis of its protest of the 1958’s definition on “Territorial Seas” as it threatened the state’s unity.  Straight archipelagic baselines ¹J.G. Starke, Introduction to International Law, edisi Bahasa Indonesia Pengantar Hukum Internasional 1 (ed. 10), diterjemahkan oleh Bambang Iriana Djajaatmadja, Sinar Grafika, Jakarta, 1999, p. 353.

11. Innocent Passage  Innocent passage: foreign ships have a right for continuous and expeditious passage through foreign waters as long as they do not breach the “peace, good order and security” of the coastal state.  No. 8, 1962 Article3: The traffic of foreign ships are to be considered “peaceful” as long as they do not contradict to the security, order, and interests of The Republic of Indonesia.  ¹W. T. Burke, ‘Who Goes Where, when, and How: International Law of the Sea for Transportation’, International Organization (Restructuring Ocean Regimes: Implicationsof the Third United Nations Conference on the Law of the Sea (Spring, 1977)), Vol. 31, No. 2, p. 271

12. Straight archipelagic baselines

13. Security  Slavery  All states have the responsibility to take effective measure to prevent and punish the transport of slaves in ships of its flag  Piracy  Jure Gentium: piracy is subject to arrest, trials, and punishments by all states on the basis of being “an enemy to mankind”  All states must co-operate to suppress piracy in the high seas  Traffic in Narcotics or Psychotropic substances