Page 90 - NAVAL SCIENCE 3 TEXTBOOK

INTERNATIO NAL LAW A N D THE SEA 95

Conservation of the living resources of the sea upheld by internationalla\\'. The United Nations lists three basic
The rights of fishi ng and hunting elements that must exist before ;:lI1}' such claim can be deemed
H)'drogrophie surve),s valid: an eA-ective claim to so\'ereignty by a national government, a
Display of the ship's national colors and salutes as prescribed continuous exercise of the authority claimed, and acquiescence by
b)' the coastal state other nations. Libya has claimed the Gulf of Sidra unsucccssfully.
Canada has long claimed Hudson Bay, with an entrance 50 miles
Rules that appl)' specificall)' to submarines require that a sub-
wide, but many countries, including the United States, do not rec-
marine must transit ,1 territorial sea surfaced, unless a specific bilat-
ognize this claim. The Bay of Fundy, with a 65-mile elltmnce, was
eral treaty provision exists to the contrar)'. Under international law,
claimed as Canadian ",;:Hers by the llritish in 1852, but a subse-
the littoral stale may conclude tllat an unauthorized submarine
quent international commission declared the claim to be invalid.
submerged in its territorial sea constitutes intent to inti'inge upon
Denial of, or restrictions Oil, access to semi-enclosed bays,
its security. It may t;]ke whatever defensive actions it deems nec-
gulfs, and seas could pose a severe hardship on the U.S. Navy in
essary, including sinking the submarine. Aircraft, including nilv;]1
carrying out its mission. For example, there have been proposals
;]ircraft, must request overfl ight permission over;] territorial sea.
by some emerging Third \Vorid states located on the Indian Ocean
to declare that entire ocean a "zone of peace and security," from
Straits and Archipelagoes which aU warships would be barred. Such curtailments would
severel}' limit the Navy's capability to carry out strategic deter-
\ Vc have indicated the potential problems for the U.S. Navy that
rence, projection of power, and naval presence missions.
call arise with all}' extension of the territorial sea. The United
States has stood staunchly for unimpeded navigation of warships
and aircraft under rules of innocent passage throughout the (on-
Rivers, Lakes, and Canals
version of many straits to territorial waters. Until the enactment
Rivers that lie entirely within olle COUllt!'}', such as the Potomac,
of a multilateral or bilateral treaty that ensures sllch transit to U.S.
l\'lississippi, Thames, or Rhone, are considered part of that coun-
ships, however, there is always the possibility that stales adjacent
to straits ma)' attempt to impose unilateral restrictions on passage try's internal waters. They are called Iintio/lni rivers. Rivers that
form a boundary between two or more countries are called itller-
through them. Advance notice of tmnsit or the banning of lluclear-
powered vessels are possible examples of such restrictions. Iintiv//al rivers. If such a river is not navigable, as for example the
Rio Grande between the United States and Mexico, the territorial
If restrictions 011 passage through straits were imposed, ;:1(C('ss
boundary lies in the geogr<lphic center of the river. If it is naviga-
to and from the Baltic, the Mediterranean, the Persian Gult~ and the
ble, as with the St. Lawrence, the center of the deepest channel is
Red Sea could be seveI'd )' impaired. Entry to semi-enclosed sen areas
such as the Caribbean and the Sea of Japan could also be afleeted used to mark the boundar),; technically this channel boundary line
adversely. COIlstraillts on aircraft overflights, particularly those is known as a Ihalweg. llecause the na\'igable channel often varies
intended to bring rapid logistic support to allies, could also occllr. from the geographical center, the thalweg is lIsed to determine the
boundary so both nations' ships can navigate in the river.
Similar constraints could also apply to the passage of vessels
and aircraft through archipelagic nations (nations composed of International rivers are open to navigation by aU ships, just iIS
islands), such as Indonesia and the Philippines, and man)' smaller on the high seas. The same rule applies to rivers thnt pass through
the territory of one state and serve as lines of communication for
groups of islands that have attained sovereign status, sllch as
an interior stnte. The first state may not impede free flow of traf-
Tonga, the Maldives, Solomon Islands, and fiji, The United States
backs the right of "archipelagic sea lanes passage," either 011 routes fic to and from the interior state. The Parana, leading to Paraguay
designated by the nation or 011 routes normally lIsed Jor safe inter- through Argentina, is one example of this; the Rhinc in \"'estern
nationalnavigatiol1. Europe, the Danube in Eastern Europe, the Congo of Central
Ali'ica, and the Amazon system through Rrazil also carry much
international traffic. The use of these rivers is controlled by inter-
Bays and Gulfs national treaties and agreements between the riparian (on the river
banks) countries.
There has been much controversy over the questioll of where
Lakes entirely within the boundaries of one countl'}' are the
internal waters of bays and gulfs end and where territorial seas
exclusive property of that cOllntry. Treaties usually set interna-
begin. A gulf is larger than a bay and extends deeper into the
tional boundaries in those that lie in more than one country. The
land. 13}' established convention, if the entrance to a bay or gulf is
Grcat Lakes are subject to agreements between the United States
24 miles or less in width, a line Cal) be drawn seaward of the nar-
and Canada. Treaties between the two coulltries define the terri-
rows at the entrance. A number of states persist in claiming thilt
toriallimits of each country and address jurisdictional questions
certain bays and gulfs are internal waters. Rarely arc these claims
sllch as admiralty law, navigation, and limitations of wnrships.