The International Law of the Sea:
The UN convention on the law of the sea (UNCLOS)
The United Nations convention on the law of the sea was adopted in (1982) after years of negotiation. The convention is one in which the marine bill will work in closely in conjunction mainly due the regulation of the Marine bill falling under policies of (UNCLOS). “The view of to regulate practicality of all the marine activities in any area of the ocean”. This obligation provides great legal stand point for the marine bill to coordinate regulation and conservation in and around the 200 nautical mile limit. Due to (UNCLOS) providing these legal basics for such national policy to pursue the protection and sustainable development of the marine environment and its coastal resources the marine bill can run in conjunction.
(UNCLOS) provides that coastal areas such as the United Kingdom to have exclusive jurisdiction for various matters over designated zones of the ocean along their coasts, including coastal zones. The area of jurisdiction usually extends up to 200 nautical miles from the baseline. The Zonation areas concluded below:
Baseline:
The baseline for the territorial waters is defined as the means low water mark along the coast as indicated on charts of (UNCLOS). The basis of this line is that it runs in a straight line stuck between bays and internal waters in the range of 24 nautical miles.
Internal waters:
The waters in which are on the landward side of the baseline from which the breadth of the territorial waters are measured are defined as internal waters. In the relation to (UNCLOS) obligation this area the state has absolute dominion.
Territorial sea:
The dominion of the State still is applicable in the territorial waters (UNCLOS) pt 2
Although foreign vessels have an “innocent right of passage” within this zone. The territorial zone extends from 12 nautical miles from the baseline. This zone allows state however to regulate and encourage to enforce legislation, ocean resources, immigration security and protection from pollution.
Contiguous zone:
The origin of the contiguous zone was first implemented by the (TSC) Territorial Sea Convention but further adjustment was made by (UNCLOS) to 24 nautical miles. The function implemented was to create an adjacent zone to the territorial zone for more efficiency to increase custom and immigration laws.
EEZ (exlusive economic zone)
The EEZ is the zone in which extends out to the 200 nautical mile limit from the baseline. The relevance of this zone provides the state within question the sole right to exploit resources with the zone. (UNCLOS) pt 56. The main differential factor of the
(EEZ) is that opposing states have the ability in territorial waters to move freely through there waters with acceptance of the domain state. The choice to benefit from the natural resources within the zone or connection lines. Example of such exploitation of this (EZZ) is that United Kingdom have jurisdiction over fisheries within the (EEC) “European Economic Community” and can only impose restrictions towards its locally based fishing vessels.
Continental shelf:
UNCLOS Definition:
“The submerged sea bed and subsoil of the submarine areas that extend beyond its territorial sea to the outer edge of the continental margin, or to a distance of 200 nautical miles where the outer edge of the continental margin does not extend up to that distance”
The continental shelf con is located between the margin of the shoreline and shelf fall into deep water. The domain rights of the state still are applicable to this zone, however the specific use is highly re-search based for location of oil and gas. However under pt 76(UNCLOS) the exploitation of natural resources are confined to non-living resources and mineral extraction. The opposition states stand point is that controls are specific to dumping of waste.
Waste Management Licensing Legislation
http://www.netregs.gov.uk/netregs/275207/276510/277588/?lang=_e
Laws influencing the Marine Spatial Planning
· Rio Declaration 1992
· United Nations Convention on Law Of the Seas, (UNCLOS)
· Environment Protection Act 1990
· Oslo Paris convention on the North Atlantic. (OSPAR) 1998
· Habitats Directive 1992
· Continental Shelf Act 1964
· Fisheries limits Act 1976 (62)
· Sustainable Development Act
· Water Framework Directive
Friday, 22 February 2008
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