Article 2 - Legal Status of the Territorial Sea, of the Air Space over the Territorial Sea and of Its Bed and Subsoil (II)UN Convention on the Law of the Sea Commentary 1982 Online

2014 ◽  
Keyword(s):  
Legal Status ◽  
Law Of The Sea ◽  
Air Space ◽  
The Law

11 The Deep Seabed

2015 ◽  
Author(s):  
Lodge Michael W
Keyword(s):  
Legal Status ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Commercial Exploitation ◽  
National Jurisdiction ◽  
The Law ◽  
International Seabed Authority

The deep seabed is the part of the seabed that is beyond national jurisdiction and is referred to as ‘the Area’ in the UN Convention on the Law of the Sea (LOSC). This chapter discusses the legal regime of the deep seabed. It covers the legal status of the Area and its resources; the International Seabed Authority; the regulation of ‘activities in the Area’; commercial exploitation; reserved areas; sponsorship by states parties; dispute settlement; and responsibility of the International Seabed Authority under Article 82 (4) of the LOSC.

scholarly journals International law and the military use of unmanned maritime systems

2016 ◽  
Vol 98 (902) ◽  
pp. 567-592 ◽  
Author(s):  
Michael N. Schmitt ◽  
David S. Goddard
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Legal Status ◽  
State Of The Art ◽  
Law Of The Sea ◽  
Naval Warfare ◽  
The Law ◽  
The Military

AbstractUnmanned maritime systems (UMSs) comprise an important subcategory of unmanned military devices. While much of the normative debate concerning the use of unmanned aerial and land-based devices applies equally to those employed on or under water, UMS present unique challenges in understanding the application of existing law. This article summarizes the technological state of the art before considering, in turn, the legal status of UMSs, particularly under the UN Convention on the Law of the Sea (UNCLOS), and the regulation of their use under the law of naval warfare. It is not yet clear if UMSs enjoy status as ships under UNCLOS; even if they do, it is unlikely that they can be classified as warships. Nevertheless, their lawful use is not necessarily precluded in either peacetime or armed conflict.

The Geneva Conference on the Law of the Sea and the Right of Innocent Passage through the Gulf of Aqaba

1959 ◽  
Vol 53 (3) ◽  
pp. 564-594 ◽  
Author(s):  
Leo Gross
Keyword(s):  
International Law ◽  
Legal Status ◽  
Law Of The Sea ◽  
Gulf Of Aqaba ◽  
General Assembly ◽  
The Law ◽  
The Right ◽  
Geneva Conference ◽  
International Law Commission ◽  
Law Commission

Since the United Nations Emergency Force moved in and occupied the heights overlooking the Straits of Tiran, the Gulf of Aqaba has been quiet. Ships, including Israel flag ships, move freely in and out. The right of passage claimed by Israel and other states was discussed in the Security Council in 1954, in the International Law Commission in 1956, in the General Assembly in 1956-57, and again at the Geneva Conference on the Law of the Sea February 24-April 27, 1958, and will be analyzed here. It should be stated at the outset that Israel's boundaries, including the strip at the northern end of the Gulf of Aqaba, are not an issue here. Nor is the Arab claim that a state of war continues to exist pertinent in determining the legal status of the Gulf and the Straits, although it obviously has some bearing on the availability to Israel of the right of “innocent” passage.

scholarly journals The Continental Shelf of Antarctica: Implications of the Requirement to Make a Submission to the CLCS under Article 76 of the LOS Convention

2002 ◽  
Vol 17 (4) ◽  
pp. 485-520 ◽  
Author(s):  
Alex G. Oude Elferink
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Legal Status ◽  
Law Of The Sea ◽  
Outer Limit ◽  
Antarctic Treaty ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
The Antarctic

AbstractThis article looks at the question of how the obligation of states parties to the United Nations Convention on the Law of the Sea to submit information on the outer limit of their continental shelf to the Commission on the Limits of the Continental Shelf and the regime established by the Antarctic Treaty can be reconciled. Under the latter Treaty states have 'agreed to disagree' about the legal status of Antarctica. The establishment of an outer limit of the continental shelf on the basis of the recommendations of the Commission on the Limits of the Continental Shelf would pose a threat to this agreement to disagree as it would recognise the existence of coastal states and maritime zones. The article sets out the options of the states involved to deal with this issue. It is concluded that there are a number of approaches which safeguard the rights of coastal states under the United Nations Convention on the Law of the Sea and the agreement to disagree of the Antarctic Treaty.

scholarly journals Urgensi Penerapan Interdependent Airspace Governance Untuk Optimalisasi Tata Kelola Ruang Udara Nasional Sebagai Antisipasi Open Sky Policy

Wajah Hukum ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 494
Author(s):  
Wahyu Beny Mukti Setiyawan ◽  
Nurul Hidayah ◽  
Andi Chaerul Sofyan
Keyword(s):  
Legal Status ◽  
Point Of View ◽  
Law Of The Sea ◽  
Transportation Services ◽  
Bilateral Agreements ◽  
Wide Range ◽  
Air Space ◽  
Vital Matter ◽  
State Defense ◽  
Air Carriers

Indonesia as an archipelago state has a national airspace of 5,180,053 km². Indonesia's airspace is located in a strategic position between the continents of Asia and Australia which makes Indonesia one of the busiest air routes in the world. Therefore, the management of air space is a vital matter that must be emphasized through various legal instruments. The sovereignty of Indonesian air space is affirmed in Article 49 paragraph (2) of the 1982 International Law of the Sea Convention which was ratified by Law Number 17 of 1985 concerning Ratification of the United Nations Convention on the Law of the Sea. This article explicitly regulates the legal status of archipelagic waters, air space over archipelagic waters and the seabed as well as the land below. So far, territorial sovereignty that is complete and exclusive is regulated in Law Number 1 of 2009 concerning Aviation, but it does not specifically regulate the boundaries of Indonesia's sovereign air space, either vertically or horizontally. The national airspace of a country is completely closed to foreign aircraft, both civilian and military, so it must be with the permission of the underworld, either through bilateral agreements or multilateral agreements, so that a country's national air space can be traversed by foreign aircraft. Such closed nature can be understood considering that air space is a very vulnerable medium of movement when viewed from the point of view of under-state defense and security. Attacks using aircraft have many advantages and conveniences that can exploit the vulnerability of an air space, such as its fast (speed), wide range, surprise, optimal penetration. This is what prompts each country to adopt its national airspace protection standards which are strict and rigid. Flights between countries are fully regulated through the Bilateral Air Transport Agreement (BATA). Without BATA, the state cannot provide air transportation services to a country. BATA itself is a form of implementation of state sovereignty in air space that is complete and exclusive in the midst of globalization challenges, such as aviation liberalization (Open Sky Policy). Referring to the Open Sky Policy, this policy allows air carriers to make decisions on routes, capacities, prices and various options for flight activities.

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