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Faramount

Law of the Sea Convention

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I am happy to see that you are finally back -- I'll keep my eye out for a new post in the near future.

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7 hours ago, Selayar said:

Oh hey, i just saw this one. Is it too late for me to join the fun? 😊

Not at all!

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12 hours ago, Faramount said:

So it took far longer than expected, but I've finally finished with what I think are good base documents. I'd run into the problem that the real life law of the sea relied heavily upon the UN, IMO, and existing maritime law. So in addition to trying to simplify things, I also had to try to create a framework in which the convention could operate.

I'll be putting up an IC post in the next few days kicking off the substantive talks. But I wanted to summarize OOCly exactly what each document does.

The International Maritime Convention:

  • Uses a simplified system of establishing coastal baselines. (Article I)
    • These baselines generally are just lines marking the coast.
    • But our system of baselines is really in favor of the coastal state (unlike IRL, where there's a balance) to simplify things.
  • Divides the waters of the world into five categories:
    • Internal Waters. (Article II)
      • Located on landwards side of baseline.
      • State has total sovereignty, but is bound by environmental rules.
    • Territorial Waters. (Article II)
      • 0-12 nautical miles out from baseline.
      • State has total sovereignty, but is bound by environmental rules and innocent passage rules.
    • Contiguous Waters. (Article II)
      • 12-24 nautical miles out from baseline.
      • Technically part of international waters.
      • State can exercise the powers necessary to prevent/punish violations in its territorial/internal waters of its customs, fiscal, immigration, environmental, or sanitary laws and regulations within its territory and territorial waters.
    • Economic Waters (Article IV)
      • 12-200 nautical miles from baseline (except that it can extend out to 350 nautical miles if continental shelf extends so far).
      • Technically part of international waters.
      • State has exclusive rights over fishing, mining, and other uses of sea resources.
      • State can enforce some safety and environmental regulations.
    • International Waters (Article V)
      • Everything 12+ nautical miles beyond baseline.
      • Except to the extent that it is also contiguous/economic waters, no nation can exercise authority here.
  • Authorizes innocent passage through territorial waters. (Article III).
    • Any ship can innocently pass, except that a state can prohibit the innocent passage of tankers, nuclear-powered vessels, and/or vessels carrying nuclear weapons and other environmentally hazardous cargos.
    • Warships can innocently pass, but must surface (if submersible) and not engage in weapons activities.
    • States can impose some general safety/environmental regulations on innocent passage, but innocently passing ships must otherwise be unmolested.
    • Generally, the law of the flag state applies onboard an innocently passing ship, though there are exceptions.
  • Creates some basic regulations for international waters (Article V).
    • States must require their ships to obey certain safety/environmental regulations.
    • Creates a duty of ships to render aid to distressed ships.
  • Prohibits piracy and unauthorized broadcasting (Article VI).
    • Authorizes any state to enforce these prohibitions in international waters.
    • Authorizes visitation of ships to enforce, and hot pursuit through waters of other states.
  • Requires states to adopt certain environmental laws/regulations (Article VII).
    • Generally, states are supposed to preventing their peoples from polluting the marine environment.
    • This is mostly toothless, but could create a legal claim by one state against another for pollution causing damage to the other.
  • Grants the International Maritime Court jurisdiction of disputes over the convention (Article 63).

The First Optional Protocol bans the maritime slave trade. The Second Optional Protocol bans the maritime drug trade.

The Statute of the International Maritime Organization:

  • Creates the IMO, comprised of an assembly and a secretariat.
  • Every nation has one vote in the assembly, which has the principle job of developing international maritime law, but also sets the budget and policies of the organization.
  • The assembly appoints the Secretary General, who employs the other members of the Secretariat. The statute does designate the first secretary general (we'll need to decide that).

The Statute of the International Maritime Court:

  • Creates the IMC, which has jurisdiction of maritime disputes between nations. To hear a case, either a treaty must provide for it (as the international maritime convention does) or all of the parties to the dispute must agree to it.
  • A state can grant the IMC compulsory jurisdiction over maritime disputes, meaning that the court could force the state to resolve the case before the court. This grant is revocable.
  • The court decides disputes based on treaties, customary international law, general principles of international law, and other relevant materials.
  • The Organization oversees the administration of the IMC and appoints its judges. 

Great work!

I think we've needed this.

Whilst I'm not a member of the actual convention, I imagine I can retroactively be a signatory, if at a later date than the RP takes place at?

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11 hours ago, Tagmatium Rules said:

Great work!

I think we've needed this.

Whilst I'm not a member of the actual convention, I imagine I can retroactively be a signatory, if at a later date than the RP takes place at?

Thank you very much! 

Any nation can accede to the convention once it takes effect. So, essentially, your country would just have to file a notice saying "we accede to this," and you'd join.

I imagine once the conference is done, we could setup a thread in diplomacy for the administration of it, and then you could do like a back-dated post acceding to the convention if the RP powers are okay with it.

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12 hours ago, Faramount said:

Thank you very much! 

Any nation can accede to the convention once it takes effect. So, essentially, your country would just have to file a notice saying "we accede to this," and you'd join.

I imagine once the conference is done, we could setup a thread in diplomacy for the administration of it, and then you could do like a back-dated post acceding to the convention if the RP powers are okay with it.

It could be done sometime after the thread?

I've seen a couple of nations who weren't in the Laren Environmental Conference have ratified the convention after the fact.

I think.

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I have seen some after the fact ratifications -- I'd say it is totally allowable. Would be totally reasonable under this exact same dialogue.

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