Joined: Apr 09, 2007 Posts: 5848 Location: Alaska (its much bigger than Texas).
Posted: Sun May 18, 2008 12:57 pm Post subject: Re: Super EU/ Super NAFTA, Hell No, Resurrect British Empire
Nickel wrote:
... the Yankees keep telling us the Northwest Passage is an "international" waterway... despite the fact that in many places, it's narrower than the straits between the Hawaiian Islands.
"International" marine transit zones are not defined and the status cannot be denied on the basis of narrowness, unless Canada wants to break the international law treaties it has signed.
--------------------------
UN--INTERNATIONAL LAW OF THE SEA:
STRAITS USED FOR INTERNATIONAL NAVIGATION
SECTION 1. GENERAL PROVISIONS
Article 34. Legal status of waters forming straits used for international navigation
1. The regime of passage through straits used for international navigation established in this Part shall not in other respects affect the legal status of the waters forming such straits or the exercise by the States bordering the straits of their sovereignty or jurisdiction over such waters and their air space, bed and subsoil.
2. The sovereignty or jurisdiction of the States bordering the straits is exercised subject to this Part and to other rules of international law.
Article 35. Scope of this Part
Nothing in this Part affects:
(a) any areas of internal waters within a strait, except where the establishment of a straight baseline in accordance with the method set forth in article 7 has the effect of enclosing as internal waters areas which had not previously been considered as such;
(b) the legal status of the waters beyond the territorial seas of States bordering straits as exclusive economic zones or high seas; or
(c) the legal regime in straits in which passage is regulated in whole or in part by long-standing international conventions in force specifically relating to such straits.
Article 36. High seas routes or routes through exclusive economic zones through straits used for international navigation
Joined: Jun 26, 2007 Posts: 1077 Location: The Canada of America
Posted: Tue May 20, 2008 9:55 am Post subject: Re: Super EU/ Super NAFTA, Hell No, Resurrect British Empire
Plantagenet wrote:
"International" marine transit zones are not defined and the status cannot be denied on the basis of narrowness, unless Canada wants to break the international law treaties it has signed.
Territorial waters, or a territorial sea, as defined by the 1982 United Nations Convention on the Law of the Sea[1], is a belt of coastal waters extending at most twelve nautical miles from the baseline (usually the mean low-water mark) of a coastal state.
The Prince of Wales Strait has an average width of ten miles, and is only 6.5 miles wide at its narrowest. Even if any lines are open wider than 24 miles across (which would be entirely inclusive territorially between islands), the following international convention also applies:
Waters landward of the baseline are defined as internal waters, over which the state has complete jurisdiction: not even innocent passage is allowed. Lakes, and rivers are considered internal waters, as are all "archipelagic waters" within the outermost islands of an archipelagic state such as Indonesia or the Philippines.
Or, put another way:
Plantagenet wrote:
Nothing in this Part affects:
(a) any areas of internal waters within a strait, except where the establishment of a straight baseline in accordance with the method set forth in article 7 has the effect of enclosing as internal waters areas which had not previously been considered as such;
Which they have been, at least since 1982; regardless of our territorial claim dating to 1888.
Plantagenet wrote:
(b) the legal status of the waters beyond the territorial seas of States bordering straits as exclusive economic zones or high seas; or
Ours, like many other states, is 200 miles. _________________ I can has cheezburger?
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