1. Introduction, International Law, and Naval Operations By LT Fullan

2. International Law 4 The law which regulates the intercourse of nations, the law of nations. The customary law which determines the rights and regulates the intercourse of independent states in peace and war. The system of rules founded on treaty, precedent, and the consensus of opinion as to justice and moral obligation, which civilized nations recognize as binding upon them in mutual dealings and relations

3. Sources of International Law 4 Treaty or convention 4 Custom 4 Publicists 4 Court Decisions 4 Executive Agreements 4 Diplomatic Correspondence

4. Treaty and Convention 4 Geneva conventions 4 Extradition Treaty 4 International Convention on the Law of the Sea 4 Panama Canal treaty 4 Open Skies Treaty 4 International Regulations for preventing collisions at Sea

5. Custom 4 International water and air space 4 Laws of space 4 Tradition/precedent 4 anything not disputed has force of custom/law 4 Territorial sea 3 - 12 nm. Convention on law of sea is 12 nm

6. Publicists 4 Scholars or lawyers that have written down customary international law 4 The United Nations Art. 13 –initiate studies and make recommendations

7. Court Decisions 4 Rulings of International Court of Justice 4 Mediator/adjudicator of disputes between states

8. Executive Agreements 4 International Compacts that are exclusive to the executive branch of the US 4 US security guarantees to Israel

9. Diplomatic Correspondence and Declarations 4 What a state expects and adheres to 4 US never signed 1982 Convention on Law of the Sea because of the dispute over deep sea mining but has accepted provisions: –Laid down navigation rights –Freedom of navigation –declare 200 nm for deep sea mining

10. Diplomatic Correspondence and Declarations –Right of approach, warship to any non-warship Other ship must state identity and nationality Stopping other ship is at warships own risk –must have justification or pay for any damages –Right of search and visit - a warship has the right (can seize if it doesn’t pass) –Cannot grant asylum

11. International Maritime Organization 4 Established by the UN 4 126 members (shipping nations) 4 Established COLREGS 4 Established traffic separation schemes

12. Understanding International and Territorial Seas 4 Low Water Line - baseline between land and sea measurements 4 Straight Baselines - straight line boundary of coastal islands and island countries 4 Bays and Gulfs 4 River Mouths 4 Reefs - can be used for baseline if visible at low tide

13. National Waters 4 Internal Waters - waters on the landward side of the baseline of territorial seas 4 Territorial Seas - within 12 nm 4 Archipelagic Waters - straight lines joining the outermost points of the outermost islands

14. International Waters 4 Territorial Water –< 12 nm 4 Contiguous Zones –12- 24 nm –Used for customs and law enforcement 4 Exclusive Economic Zone –< 200 nm –Recognized for economic and natural resources 4 High Seas >24 nm

15. Dumping Laws 4 Trash, oil, plastic > 50 nm 4 Garbage, radioactive wastes > 12 nm 4 Sewage and gray water > 3 nm 4 To dump plastic you must be at sea greater than 45 days

16. Transit Passage 4 Ships and aircraft have the right to an unimpeded transit. It must be expeditious and continuous. –Subs can be submerged –Can have flight ops –Can’t conduct research –Follow rules of the road and dumping laws –Can’t be threatening

17. Innocent Passage 4 A passage through the territorial seas. It must be continuous (can anchor if incident to normal navigation) and expeditious. –Must show flag –Subs must be surfaced –State has the right to regulate –No flight ops

18. Transit vs. Innocent Passges 4 A passage is not innocent if there is: weapons exercises, intelligence gathering, launch and recovery of vessels or aircraft, polluting, or researching 4 They can do anything to prevent you from making a noninnocent passage 4 Country can make laws and regulations regarding innocent passages

19. Summary 4 Sources of Int’l Law 4 Dumping Laws 4 Innocent Passage and Transit 4 Territorial Seas and Status of Navigation