Sei sulla pagina 1di 4

Ritania

I.
Article 60 (Par. 1) UNCLOS (In the exclusive economic zone, the coastal State shall have the
exclusive right to construct and to authorize and regulate the construction, operation and use of
artificial islands.)

Article 60 (Par. 2) UNCLOS The coastal State shall have exclusive jurisdiction over such artificial
islands, installations and structures, including jurisdiction with regard to
customs, fiscal, health, safety and immigration laws and regulations.

Article 193 UNCLOS (States have the sovereign right to exploit their natural resources.)


II.

2001 UNESCO Convention on the Protection of Underwater Cultural Heritage (Any State Party may
declare to the State Party in whose exclusive economic zone or on whose continental shelf the
underwater cultural heritage is located its interest in being consulted on how to ensure the effective
protection of that underwater cultural heritage. Such declaration shall be based on a verifiable link,
especially a cultural, historical or archaeological link, to the underwater cultural heritage concerned.
Wreck and Salvage Act 94 of 1996 (No person shall, when a ship is wrecked, stranded or in distress,
plunder, create disorder or obstruct the preservation of the ship or shipwrecked persons or the
wreck.)
Article 14, UNESCO-CPUCH (States Parties shall take measures to prevent the entry into their
territory, the dealing in, or the possession of, underwater cultural heritage illicitly exported and/or
recovered, where recovery was contrary to this Convention)
III.
Art. 111 Par. 1, UNCLOS (The hot pursuit of a foreign ship may be undertaken when the competent
authorities of the coastal State have good reason to believe that the ship has violated the laws and
regulations of that State. Such pursuit must be commenced when the foreign ship or one of its boats is
within the internal waters, the archipelagic waters, the territorial sea or the contiguous zone of the
pursuing State, and may only be continued outside the territorial sea or the contiguous zone if the
pursuit has not been interrupted.)
Art. 111 Par. 3, UNCLOS (The right of hot pursuit ceases as soon as the ship pursued enters the
territorial sea of its own State or of a third State.)
Art. 111 Par. 4, UNCLOS (Pursuit may only be commenced after a visual or auditory signal to stop
has been given at a distance which enables it to be seen or heard by the foreign ship.)
Art. 73, UNCLOS (The coastal state where incident, pursuit and arrest happened, may enforce
jurisdiction over foreign ships including arresting and bringing them to national courts to ensure
compliance with its national laws)

IV.
Part XV, UNCLOS (States are required to settle peacefully disputes concerning the convention. If a
bilateral settlement fails, Article 285 requires submission of the dispute for compulsory settlement in
one of the tribunals clothed with jurisdiction. Alternatives are the International Tribunal for the Law
of the Sea, the ICJ, and an arbitral tribunal.)

Amalea
I.
Article 192, UNCLOS (States have the obligation to protect and preserve the marine environment.)

Article 193, UNCLOS (States have the sovereign right to exploit their natural resources pursuant to
their environmental policies and in accordance with their duty to protect and preserve the marine
environment.)

Article 194, Par. 1, UNCLOS (States shall take, individually or jointly as appropriate, all measures
consistent with this Convention that are necessary to prevent, reduce and control pollution of the
marine environment from any source, using for this purpose the best practicable means at their
disposal and in accordance with their capabilities, and they shall endeavor to harmonize their policies
in this connection.)

1992 Malachi Gap Treaty, Art. 12, Par (a) (Amalea may explore, exploit, and protect the natural
resources of the waters superadjacent to the seabed.)
1992 Malachi Gap Treaty, Art. 12, Par (d) (The Parties shall cooperate with each other in relation to
the exercise of their respective rights giving due regard to each Partys unique interests in the Malachi
Gap, including, but ot limited to, in the case of Amalea the protection of fisheries, and in the case of
Ritania its desire to develop resources lying beneath the water.)
Principle 22, Declaration of the United Nations Conference on the Human Environment (States shall
cooperate to develop further international law regarding liability and compensation for the victims of
pollution and other environmental damage caused by activities within the jurisdiction or control of
such States to areas beyond their jurisdiction.)
Article 235, UNCLOS (1. States are responsible for the fulfillment of their international obligations
concerning the protection and preservation of the marine environment. They shall be liable in
accordance with international law. 2. States shall ensure that recourse is available in accordance with
their legal systems for prompt and adequate compensation or other relief in respect of damage caused
by pollution of the marine environment by natural or juridical persons under their jurisdiction. 3. With
the objective of assuring prompt and adequate compensation in respect of all damage caused by
pollution of the marine environment, States shall cooperate in the implementation of existing
international law and the further development of international law relating to responsibility and
liability for the assessment of and compensation for damage and the settlement of related disputes, as
well as, where appropriate, development of criteria and procedures for payment of adequate
compensation, such as compulsory insurance or compensation funds.)
*Based on this convention, the states which construct artificial islands are responsible for any
destruction of environment and in case they damage environment of the region or neighboring
countries, they are obliged to compensate for damages while assuming the related responsibility. In
addition, they are obliged to study and evaluate environmental consequences before any action and
then take necessary actions.
*Generally, the following legal principles can be extracted from references of international law of
seas: 1- Principle of states liability in environmental protection: this principle means that states are
esponsible for environmental pollution originating from their land whether it is caused by the
overnmental agents or their citizens. This principle requires the states to prevent pollution with
preventive measures. 2- Principle of good neighbor: on this basis, the states are obliged to think bout
ecessary measures for protecting environment inside their borders considering integrity of the
environment in order not to damage other countries due to their neighborhood. 3- Principle of
recautionary measures before taking action: this principle means that users of modern technologies
hall think about the inspiring measures in order not to leave negative effect on environment and in
case they are harmful, they will be responsible. In other words, environmental effects shall be
studied before exaction. 4- Principle of Paying Damage by the Pollutant State: the state which causes
pntentional pollution shall compensate for damage.
II.
International Convention on Salvage article 1(a) (Salvage operation means any act or activity
undertaken to assist a vessel or any other property in danger in navigable waters or in any other waters
whatsoever.)
Article 303 UNCLOS (Archaeological and historical objects found at sea: 1. States have the duty to
protect objects of an archaeological and historical nature found at sea and shall cooperate for this
purpose. 2. In order to control traffic in such objects, the coastal State may, in applying article 33,
presume that their removal from the seabed in the zone referred to in that article without its approval
would result in an infringement within its territory or territorial sea of the laws and regulations
referred to in that article. 3. Nothing in this article affects the rights of identifiable owners, the law of
salvage or other rules of admiralty, or laws and practices with respect to cultural exchanges. 4. This
article is without prejudice to other international agreements and rules of international law regarding
the protection of objects of an archaeological and historical nature.)
III.
Aticle 111 UNCLOS par 5 (The right of hot pursuit may be exercised only by warships or military
aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and
authorized to that effect.) * Icarus, under Captain Walter Haddock is an Amalean Fast Navy
Cutter. It is a competent authority of the State of Amalea as it is clearly marked and
identifiable as being on government service
Article 111 UNCLOS par. 1 (Right of hot pursuit. 1. The hot pursuit of a foreign ship may be
undertaken when the competent authorities of the coastal State have good reason to believe that the
ship has violated the laws and regulations of that State. Such pursuit must be commenced when the
foreign ship or one of its boats is within the internal waters, the archipelagic waters, the territorial sea
or the contiguous zone of the pursuing State, and may only be continued outside the territorial sea or
the contiguous zone if the pursuit has not been interrupted. It is not necessary that, at the time when
the foreign ship within the territorial sea or the contiguous zone receives the order to stop, the ship
giving the order should likewise be within the territorial sea or the contiguous zone. If the foreign ship
is within a contiguous zone, as defined in article 33, the pursuit may only be undertaken if there has
been a violation of the rights for the protection of which the zone was established.)
Article 33UNCLOS (Contiguous zone. 1. In a zone contiguous to its territorial sea, described as the
contiguous zone, the coastal State may exercise the control necessary to: (a) prevent infringement of
its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea;
(b) punish infringement of the above laws and regulations committed within its territory or territorial
sea. 2. The contiguous zone may not extend beyond 24 nautical miles from the baselines from which
the breadth of the territorial sea is measured.)

Potrebbero piacerti anche