2. TERRITORIAL WATERS Article 2(1) of the United Nations Convention on the Law of the Sea (UNCLOS)48 provides that, “[t]he sovereignty of a coastal State ex-tends, beyond its land territorial and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the territorial sea”. This maritime zone extends up to 12 nautical miles (Article 3, UNCLOS). The only major exception to this sovereign power of the state is the right of innocent passage, enshrined in Article 17 of the UNCLOS. Coastal States are entitled to regulate migration activities within their territorial sea and this clearly extends to measures intended to prevent the infringement of immigration laws. The coastal state…
B. THE CASE OF MV TAMPA The MV Tampa was a Norwegian merchant ship which was prevented by the Australian Government from entering into its territory. The Tampa rescued about 433 people in August 2001; many of them were of Afghan origin. These persons had been trying to reach Australia in a wooden fishing boat but the boat started sinking about 140 kilometers off the coast of Christmas Island. Some of the people aboard the ship required urgent medical attention so the Tampa decided to proceed to…
Why South China Sea is victim of disputes? The South China Sea is intentionally sited. It is sited in a way that it overlaps the main lanes of the sea between Asia, Middle East and the Europe. It becomes the main international way for sea trade and transportation, where most of the world’s largest traffic passes. As a global concern, the geopolitical and economic importance of the South China Sea lessens the secure navigation of tanks in water. The region plays a strategic maritime and military…
of the St Anthony were killed. The question continues as to which state has the claim to jurisdiction. The main goal of making use of an alternative dispute resolution between the two nations is to be able to maintain the relationship between India and Italy. Background Facts: On February 2012, an Italian Merchant Vessel Enrica Lexie with Italian Armed Forces aboard the vessel were sailing close to Indian waters. While on their route they encountered the St Anthony, an Indian Fishing boat.…
As a matter of fact, it was one of the first countries in the region to endorse the United Nations Convention on the Rights of the Child in 1990. Even more, it has also ratified other international conventions including the Palermo Protocol on Trafficking in Persons, Mainly Women and Children, as well as the Abolition of Forced Labor Convention and Worst Forms of Child Labor Convention in 2000. Similarly, Saint Kitts and Nevis has accessioned the Protocol against the Smuggling of Migrants by…
the rise of sea level. Climate…
reach Europe while risking their life both by land and at sea there is a lot which is needed to be explored. On a hand the EU may cooperate with the AU (African Union) in order to combat organise crime and human smuggling in Africa. On the other hand it is the EU which has…
around the world over boundaries and resources. One of these disputes is occurring in the South China Sea. It is a dispute between China, Vietnam, the Philippines, Malaysia, Brunei, and Taiwan. According to bbc.com, China claims the largest portion of territory on the South China Sea. They have many historical claims – some of which may be true, some of which may be false. Bejing states that centuries ago, the Paracel and Spratly island chains were considered parts of China, and in 1947, they…
China has sought out to increase it geopolitics, by asserting its country historical claims using maritime order to have control of South China Sea, by attempting to take full authoritative control of Paracel Islands and Spratly Islands. In addition, China attempt in trying to be the sole power of the South China Sea has created tension with its neighboring countries. As China continues on with historical claims, conflict will be inevitable, hence making the four other surrounding East Asian…
change. A new approach to the sustainable distribution of water is necessary. International cooperation through multilateral treaties and conventions are essential to the just allocation of transboundary waters. The conveniences for cooperation in transboundary water management…