Territorial waters

As a territorial sea adjacent to the land area of a coastal strip of sea state is denoted by UNCLOS, in which the coastal State exercises full sovereignty. The territorial sea is therefore one of the state territory of the coastal State (Article 2 and 3 of UNCLOS). The outer limit of the territorial sea is also in the Seezollgrenze.

Demarcation

The width of the territorial sea may impose up to a limit not exceeding 12 nautical miles from the baseline of each state. A special feature is, according to Article 12 of UNCLOS for raids: So may Roadsteads which are generally used for loading, unloading and anchoring of ships, are included in the territorial sea, would otherwise be situated wholly or partly outside the outer limit of the territorial sea. In Germany this is the case in the deep-water harbor 30 km west of Helgoland way.

History

Three-mile limit

The question of freedom of the seas was controversial at the beginning of the modern era. The Dutchman Hugo Grotius argued in 1609 for the freedom of the seas from the Englishman John Selden, however, defended the thesis that the oceans can be divided into spheres of interest, from their use could exclude third parties. An intermediate view, more oriented to the practical enforceability as a theoretical discussion, finally took Cornelis van Bynkershoek, which he was able to prevail: the validity of law is only enforceable if the state also has the ability to successfully prosecute within the territorial waters against lawbreakers. Originally, the breadth of territorial waters on the controllability oriented with gunfire from the shore (after consideration potestatem terrae finiri, ubi finitur armorum vis, roughly translated: The territorial sovereignty ends where the force of arms ends ). So they agreed on the approximate width of a gunfire with uniform three nautical miles ( 3 nm × 1.852 km / nm = 5.556 km ). Thus, the 3 -mile zone was created.

Twelve- mile zone

1921 claimed the Soviet Union an extension of the three-mile zone to 12 nautical miles ( about 22 km). It was followed later other countries, such as Iceland and Denmark (for the Faroe Islands) since 1958 for the fishing limit. In the first two UN Seerechtskonferenzen in Geneva (1958 and 1960) there was no agreement in this regard. The closed on April 29, 1958 Convention on the Territorial Sea and the Contiguous Zone settled the matter without having to specify a width, however, limited the contiguous zone to a maximum of 12 nautical miles from the baseline. An international legal regime brought before the Convention ( UNCLOS ), the United Nations of 10 December 1982; here is determined that coastal states have the right to extend its territorial waters up to 12 nautical miles. It should be noted in this context that, for example, the U.S. has not yet signed the UNCLOS.

Legal status

The coastal State has sovereign territorial rights in the territorial sea, that is to say here applies the national law of the coastal state; especially in the field of security ( Maritime Police ), environmental law and law enforcement. These can be compared to ships of all flags - with the exception of warships - are made ​​and enforced law. Limitations in the sovereign rights of the coastal State in accordance with UNCLOS consist in the following points:

  • The jurisdiction of the coastal state must be exercised in conformity with international obligations
  • Right of innocent passage ( UNCLOS Article 17)

Territorial sea of ​​the Federal Republic of Germany

The Federal Republic has established with the proclamation of 11 November 1994, the breadth of the territorial sea in the North Sea on 12 sm. In the Baltic, laying on a 12 nm wide territorial sea for the riparian topographical reasons is not possible; here the outer limit of the territorial sea is defined by geographical coordinates, which in some cases much less than 12 nautical miles from the coastline or the baseline is removed. On the basis of Article 12 of UNCLOS, the deep-water harbor in the German Bight was made ​​part of the territorial sea.

Literature, law basics

  • UNCLOS of 10 December 1982. German version eg in: Shipping Law: law of the sea laws, regulations, conventions. MAP Handelsgesellschaft mbH, Hamburg, 1998, ISBN 978-3-9801222-1-4.
  • Wolfgang Vitzthum: Manual of the Law of the Sea. Legal Beck Verlag, first edition 2006, ISBN 3-406-54635-8.
  • Federal Maritime and Hydrographic Agency: Seegrenzkarte North Sea No. 2920, No. 2921 Seegrenzkarte Baltic Hamburg / Rostock..
  • Proclamation of the Federal Government on the extension of the German territorial sea. From 11 November 1994. Federal Law Gazette Part I page 1994 3428th
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