INTERNATIONAL MARITIME LAW

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Territorial waters Out to 12 nautical miles (22 kilometres; 14 miles) from the baseline, the coastal state is free to set laws, regulate use, and use any resource. Vessels were given the right of innocent passage through any territorial waters, with strategic straits allowing the passage of military craft as transit passage, in that naval vessels are allowed to maintain postures that would be illegal in territorial waters. \"Innocent passage\" is defined by the convention as passing through waters in an expeditious and continuous manner, which is not \"prejudicial to the peace, good order or the security\" of the coastal state. Fishing, polluting, weapons practice, and spying are not \"innocent\", and submarines and other underwater vehicles are required to navigate on the surface and to show their flag. Nations can also temporarily suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the protection of its security. Internal waters Covers all water and waterways on the landward side of the baseline. The coastal state is free to set laws, regulate use, and use any resource. Foreign vessels have no right of passage within internal waters. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 19

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4.3. Territorial sea claim Main article: List of territorial disputes Maritime controversies involve two dimensions: (a) territorial sovereignty, which are a legacy of history; and (b) relevant jurisdictional rights and interests in maritime boundaries, which are mainly due to differing interpretations of the law of the sea. None: Bosnia and Herzegovina, which is not a landlocked country. 3 nmi (5.6 km; 3.5 mi): Jordan, Palau, Singapore 6 nmi (11 km; 6.9 mi): Dominican Republic, Greece, Turkey (but only in the Aegean Sea) HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 21

12 nmi (22 km; 14 mi): Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Brazil, Brunei, Bouvet Island Bulgaria, Cambodia, Cameroon, Canada, Cape Verde, Chile, People's Republic of China, Republic of China, Colombia, Comoros, Cook Islands, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Democratic People's Republic of Korea, Democratic Republic of the Congo, Denmark, Djibouti, Dominica, Egypt, Equatorial Guinea, Eritrea, Estonia, Faroe Islands, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Iceland, India, Indonesia, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Kenya, Kiribati, Kuwait, Latvia, Lebanon, Libya, Lithuania, Madagascar, Malaysia, Maldives, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Monaco, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nauru, Netherlands, New Zealand, Nicaragua, Nigeria, Niue, Norway, Oman, Pakistan, Panama, Papua New Guinea, Poland, Portugal, Qatar, Republic of Korea, Romania, Russia, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, São Tomé and Príncipe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Syria, Thailand, Timor-Leste, Tonga, Trinidad and Tobago, Tunisia, Turkey (in the Black sea and Mediterranean), Tuvalu, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, United States of America, Uruguay, Vanuatu, Venezuela, Vietnam, Yemen HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 22

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•24 nautical miles (44 km; 28 mi): Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Belgium, Brazil, Bulgaria, Cambodia, Canada, Cape Verde, Chile, People's Republic of China, Cuba, Cyprus, Denmark, Djibouti, Dominica, Dominican Republic, Egypt, France, Gabon, Ghana, Haiti, Honduras, India, Iran, Jamaica, Japan, Madagascar, Maldives, Malta, Marshall Islands, Mauritania, Mexico, Morocco, Mozambique, Myanmar, Namibia, Nauru, The Netherlands, New Zealand, Nicaragua, Norway, Oman, Pakistan, Panama, Portugal, Qatar, Republic of Korea, Romania, Russia, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Senegal, Seychelles, Sierra Leone, South Africa, Spain, Sri Lanka, Syria, Thailand, Timor- Leste, Trinidad and Tobago, Tunisia, Tuvalu, United Arab Emirates, United States of America, Uruguay, Vanuatu, Vietnam, Yemen •50 nautical miles (93 km; 58 mi): Democratic People's Republic of Korea; 50 nautical miles military zone. Army Command Announcement of 1 August 1977. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 25

Contiguous zone claims None: Albania, the Bahamas, Barbados, Belize, Benin, Bosnia and Herzegovina, Brunei, Cameroon, Colombia, Comoros, Congo, Cook Islands, Costa Rica, Côte d'Ivoire, Croatia, Democratic Republic of the Congo, Ecuador, El Salvador, Equatorial Guinea, Eritrea, Estonia, Fiji, Georgia, Germany, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Iceland, Indonesia, Iran, Ireland, Israel, Italy, Jordan, Kenya, Kiribati, Kuwait, Latvia, Lebanon, Liberia, Libya, Lithuania, Macedonia, Malaysia, Mauritius, Micronesia, Monaco, Montenegro, Nigeria, Niue, Palau, Papua New Guinea, Peru, the Philippines, Poland, São Tomé and Príncipe, Singapore, Slovenia, Solomon Islands, Somalia, Suriname, Sweden, Togo, Tonga, Turkey, Ukraine, United Kingdom, Tanzania 14 nautical miles (26 km; 16 mi): Finland 15 nautical miles (28 km; 17 mi): Venezuela 18 nautical miles (33 km; 21 mi): Bangladesh, Gambia, Saudi Arabia, Sudan 26 HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021

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UNCLOS, Part V, Exclusive Economic Zone (EEZ),  Article 55, specific legal regime of the EEZ, till  Article 75, Charts and lists of geographical co-ordinates  UNCLOS, Part VI, Continental Shelf  Article 76, Definition of the continental shelf, till  Article 85, Tunnelling HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 29

 An exclusive economic zone extends from the outer limit of the territorial sea to a maximum of 200 nautical miles (370.4 km) from the territorial sea baseline, thus it includes the contiguous zone. A coastal nation has control of all economic resources within its exclusive economic zone, including fishing, mining, oil exploration, and any pollution of those resources.  However, it cannot prohibit passage or loitering above, on, or under the surface of the sea that is in compliance with the laws and regulations adopted by the coastal State in accordance with the provisions of the UN Convention, within that portion of its exclusive economic zone beyond its territorial sea.  Before 1982, coastal nations arbitrarily extended their territorial waters in an effort to control activities which are now regulated by the exclusive economic zone, such as offshore oil exploration or fishing rights (see Cod Wars). Indeed, the exclusive economic zone is still popularly, though erroneously, called a coastal nation's territorial waters. 30

 Exclusive economic zones (EEZs) These extend from the edge of the territorial sea out to 200 nautical miles (370 kilometres; 230 miles) from the baseline. Within this area, the coastal nation has sole exploitation rights over all natural resources.  In casual use, the term may include the territorial sea and even the continental shelf. The EEZs were introduced to halt the increasingly heated clashes over fishing rights, although oil was also becoming important. The success of an offshore oil platform in the Gulf of Mexico in 1947 was soon repeated elsewhere in the world, and by 1970 it was technically feasible to operate in waters 4000 metres deep.  Foreign nations have the freedom of navigation and overflight, subject to the regulation of the coastal states. Foreign states may also lay submarine pipes and cables. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 31

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Continental shelf  The continental shelf is defined as the natural prolongation of the land territory to the continental margin’s outer edge, or 200 nautical miles (370 km) from the coastal state's baseline, whichever is greater.  A state's continental shelf may exceed 200 nautical miles (370 km) until the natural prolongation ends. However, it may never exceed 350 nautical miles (650 kilometres; 400 miles) from the baseline; or it may never exceed 100 nautical miles (190 kilometres; 120 miles) beyond the 2,500 meter isobath (the line connecting the depth of 2,500 meters).  Coastal states have the right to harvest mineral and non-living material in the subsoil of its continental shelf, to the exclusion of others. Coastal states also have exclusive control over living resources \"attached\" to the continental shelf, but not to creatures living in the water column beyond the exclusive economic zone. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 33

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 Definition, Article 76 gives the legal definition of continental shelf of coastal countries.  The continental shelf of a coastal nation extends out to the outer edge of the continental margin but at least 200 nautical miles (370 km; 230 mi) from the baselines of the territorial sea if the continental margin does not stretch that far. The outer limit of a country's continental shelf shall not stretch beyond 350 nautical miles (650 km; 400 mi) of the baseline, or beyond 100 nautical miles (190 km; 120 mi) from the 2,500 metres (8,200 ft) isobath, which is a line connecting the depths of the seabed at 2,500 m.  The outer edge of the continental margin is defined as:  a series of lines joining points not more than 60 nautical miles (110 km; 69 mi) apart where the thickness of sedimentary rocks is at least 1% of the height of the continental shelf above the foot of the continental slope; or  a series of lines joining points not more than 60 nautical miles apart that is not more than 60 nautical miles from the foot of the continental margin. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 35

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Limits of national jurisdiction and sovereignty Outer space (including Earth orbits; the Moon and other celestial bodies, and their orbits) national airspace territorial contiguous international airspace waters zone airspace airspace[ land territory internal territorial contiguous Exclusive international waters surface surface waters waters zone surface Economic surface surface Zone surface internal waters territorial Exclusive Economic Zone international waters waters Continental Shelf surface extended international seabed land territory underground continental surface shelf surface Continental Shelf underground international seabed extended underground continental shelf 37 underground HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021

Green; full national jurisdiction and sovereignty Yellow; restrictions on national jurisdiction and sovereignty Red; international jurisdiction per common heritage of mankind HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 38

 The foot of the continental slope is determined as the point of maximum change in the gradient at its base.  The portion of the continental shelf beyond the 200 nautical mile limit is also known as the extended continental shelf. Countries wishing to delimit their outer continental shelf beyond 200 nautical miles have to submit information on their claim to the Commission on the Limits of the Continental Shelf. The Commission must make recommendations on matters related to the establishment of the outer limits of their continental shelf. The limits established based on these recommendations shall be final and binding. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 39

 Countries were supposed to lodge their submissions to extend their continental shelf beyond 200 nautical miles within ten years of UNCLOS coming into force in the country, or by 13 May 2009 for countries where the convention had come into force before 13 May 1999. As of 1 June 2009, 51 submissions have been lodged with the Commission, of which eight have been deliberated by the Commission and have had recommendations issued. The eight are (in the order of date of submission): Russian Federation; Brazil; Australia; Ireland; New Zealand; the joint submission by France, Ireland, Spain and the United Kingdom; Norway and Mexico. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 40

 Rights over the continental shelf  Articles 77 to 81 define the rights of a country over its continental shelf.  A coastal nation has control of all resources on or under its continental shelf, living or not, but no control over any living organisms above the shelf that are beyond its exclusive economic zone. This gives it the right to conduct petroleum drilling works and lay submarine cables or pipelines in its continental shelf.  An example of this is the ongoing dispute over resources in the Arctic area, which will be decided by the exact mapping of the continental shelves. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 41

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 UNCLOS III, Part XII- Protection and preservation of the marine environment.  Section 1: General provisions, Article 192 - 196  Section 2: Global and regional co-operation, 197-201  Section 3: Technical assistance, Article 202 – 203  Section 4: Monitoring & Environmental Assessment, Article 204 – 206.  Section 5: Int. Rules and Nat. Legislation to Prevent, Reduce and Control Pollution of the Marine Environ’t Article 207 – 212.  Section 6: Enforcement, Article 213 – 222  Section 7: Safeguards, Article 223 – 233 HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 43

 Section 8: Ice-covered Areas, Article 234  Section 9: Responsibility and Liability, Article 235  Section 10: Sovereign Immunity, Article 236  Section 11: Obligations under other conventions on the protection and preservation of the marine environment, Article 237. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 44

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 Article 194-Measures to prevent, reduce and control pollution of the marine environment  1. States shall take, individually or jointly as appropriate, all measures consistent with this Convention that are necessary to prevent, reduce and control pollution of the marine environment from any source, using for this purpose the best practicable means at their disposal and in accordance with their capabilities, and they shall endeavour to harmonize their policies in this connection.  2. States shall take all measures necessary to ensure that activities under their jurisdiction or control are so conducted as not to cause damage by pollution to other States and their environment, and that pollution arising from incidents or activities under their jurisdiction or control does not spread beyond the areas where they exercise sovereign rights in accordance with this Convention.  3. The measures taken pursuant to this Part shall deal with all sources of pollution of the marine environment. These measures shall include, inter alia, those designed to minimize to the fullest possible extent: HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 46

 (a) the release of toxic, harmful or noxious substances, especially those which are persistent, from land-based sources, from or through the atmosphere or by dumping;  (b) pollution from vessels, in particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea, preventing intentional and unintentional discharges, and regulating the design, construction, equipment, operation and manning of vessels;  (c) pollution from installations and devices used in exploration or exploitation of the natural resources of the seabed and subsoil, in particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea, and regulating the design, construction, equipment, operation and manning of such installations or devices;  (d) pollution from other installations and devices operating in the marine environment, in particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea, and regulating the design, construction, equipment, operation and manning of such installations or devices.  4. In taking measures to prevent, reduce or control pollution of the marine environment, States shall refrain from unjustifiable interference with activities carried out by other States in the exercise of their rights and in pursuance of their duties in conformity with this Convention.  5. The measures taken in accordance with this Part shall include those necessary to protect and preserve rare or fragile ecosystems as well as the habitat of depleted, threatened or endangered species and other forms of marine life. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 47

 Environmental protection is a practice of protecting the natural environment on individual, organizational or governmental levels, for the benefit of both the natural environment and humans. Due to the pressures of population and technology, the biophysical environment is being degraded, sometimes permanently. This has been recognized, and governments have begun placing restraints on activities that cause environmental degradation. Since the 1960s, activity of environmental movements has created awareness of the various environmental issues. There is no agreement on the extent of the environmental impact of human activity, and protection measures are occasionally criticized.  Academic institutions now offer courses, such as environmental studies, environmental management and environmental engineering, that teach the history and methods of environment protection. Protection of the environment is needed due to various human activities. Waste production, air pollution, and loss of biodiversity (resulting from the introduction of invasive species and species extinction) are some of the issues related to environmental protection.  Environmental protection is influenced by three interwoven factors: environmental legislation, ethics and education. Each of these factors plays its part in influencing national-level environmental decisions and personal- level environmental values and behaviors. For environmental protection to become a reality, it is important for societies to develop each of these areas that, together, will inform and drive environmental decisions. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 48

 Demonstrate a comprehensive understanding of relevant rules and principles in public international law, such as general obligation of States to protect and preserve the marine environment under public international law and the doctrine of State responsibility.  Gain a sound knowledge and understanding of the role of IMO instruments in addressing marine safety and environmental protection, including MARPOL.  Examine and address other contemporary issues such as ballast water management, anti-fouling systems and the recycling of ships.  Appreciate and identify legal issues pertaining to civil liability and compensation regimes (CLC, Fund Convention and Protocol)  Analyze factual and legal situations by applying legal principles law, relevant civil liability conventions, legislation, and case law to determine polluter’s liability and compensability of claims. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 49

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UNCLOS, Safe Navigation (Part II, III, IV, V & VII)  Part II, Section 3: Innocent Passage in the Territorial Sea, Subsection A: Rules applicable to all ships, Art. 17 – 26 Subsection B: Rules applicable to merchant ships and government ships operated for commercial purposes, Article 27 – 28, Subsection C: Rules applicable to warships and other government ships operated for non-commercial purposes, Article 29 – 32. Section 4: Contiguous Zone, Article 33.  Part III, Straits used for International Navigation, Section 1, General Provisions, Article 34 - 36 HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 51

UNCLOS, Safe Navigation (Part II, III, IV, V & VII)  Part III, Straits used for International Navigation, Section 2, Transit Passage, Article 37 - 44 Section 3, Innocent Passage, Article 45  Part IV, Archipelagic States, Article 52 - 54  Part V, Exclusive Economic Zone Article 56 – 59  Part VII, High Seas Section 1, Article 86 - 115 HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 52

 Article 18 -Meaning of passage  1. Passage means navigation through the territorial sea for the purpose of:  (a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or  (b) proceeding to or from internal waters or a call at such roadstead or port facility.  2. Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 53

 Article 19 -Meaning of innocent passage  1. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law.  2. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities:  (a) any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations;  (b) any exercise or practice with weapons of any kind;  (c) any act aimed at collecting information to the prejudice of the defence or security of the coastal State;  (d) any act of propaganda aimed at affecting the defence or security of the coastal State;  (e) the launching, landing or taking on board of any aircraft;  (f) the launching, landing or taking on board of any military device;  (g) the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State;  (h) any act of wilful and serious pollution contrary to this Convention;  (i) any fishing activities;  (j) the carrying out of research or survey activities;  (k) any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State;  (l) any other activity not having a direct bearing on passage. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 54

 Article38- Right of transit passage  1. In straits referred to in article 37, all ships and aircraft enjoy the right of transit passage, which shall not be impeded; except that, if the strait is formed by an island of a State bordering the strait and its mainland, transit passage shall not apply if there exists seaward of the island a route through the high seas or through an exclusive economic zone of similar convenience with respect to navigational and hydrographical characteristics.  2. Transit passage means the exercise in accordance with this Part of the freedom of navigation and overflight solely for the purpose of continuous and expeditious transit of the strait between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone. However, the requirement of continuous and expeditious transit does not preclude passage through the strait for the purpose of entering, leaving or returning from a State bordering the strait, subject to the conditions of entry to that State.  3. Any activity which is not an exercise of the right of transit passage through a strait remains subject to the other applicable provisions of this Convention. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 55

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 Article45- Innocent passage  1. The regime of innocent passage, in accordance with Part II, section 3, shall apply in straits used for international navigation:  (a) excluded from the application of the regime of transit passage under article 38, paragraph 1; or  (b) between a part of the high seas or an exclusive economic zone and the territorial sea of a foreign State.  2. There shall be no suspension of innocent passage through such straits. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 57

 SOLAS, Chapter V – Safety of navigation .  This chapter requires governments to ensure that all vessels are sufficiently and efficiently manned from a safety point of view.  It places requirements on all vessels regarding voyage and passage planning, expecting a careful assessment of any proposed voyages by all who put to sea.  Every mariner must take account of all potential dangers to navigation, weather forecasts, tidal predictions, the competence of the crew, and all other relevant factors.  It also adds an obligation for all vessels' masters to offer assistance to those in distress and controls the use of lifesaving signals with specific requirements regarding danger and distress messages.  It is different from the other chapters, which apply to certain classes of commercial shipping, in that these requirements apply to all vessels and their crews, including yachts and private craft, on all voyages and trips including local ones HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 58

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UNCLOS, Part V, VII, XI, XII, XIII and XIV  Part V, Article 61,Conservation of the living resources.  Part VII, Section 2, Conservation and management of the living resources of the high seas, Article 116 - 120  Part XI, Section 3, Development of the resources of the Area, Article 150 – 155  Part XII, Protection and preservation of the marine environment, Section 1 – 11, Article 192 – 237  Part XIII, Marine Scientific Research, Section 1 – 6, Article 238 – 265.  Part XIV, Development and Transfer of Marine Technology, Section 1- 4, Article 266 - 278 HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 60

 Principles of the International Law of the Sea is governed by three principles  1. Principle of freedom  The principle of freedom aims to ensure the freedom of various uses of the oceans, such as navigation, over-flight, laying submarine cables and pipelines, construction of artificial islands, fishing and marine scientific research. In particular, England, which established its maritime supremacy, encouraged freedom of the seas for purposes of free commerce and trade across the oceans.  2. Principle of sovereignty  The principle of sovereignty seeks to safeguard the interests of coastal States. It essentially promotes the extension of national jurisdiction into offshore spaces and supports the territorialisation of the oceans.  3. Principle of the common heritage of mankind  The principle of the common heritage of mankind seeks to promote the common interest of mankind as a whole. It may be argued that the term ‘mankind’ is a transspatial and transtemporal concept. It is transspatial because ‘mankind’ includes all people on the planet. It is transtemporal because ‘mankind’ includes both present and future generations. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 61

 National Marine Sanctuary Act (NMSA)  The National Marine Sanctuaries Act (NMSA) was enacted in 1972 with the purpose of designating important marine environments as sanctuaries for their environmental, historical or cultural significance. Currently, there are 13 marine sanctuaries in the National Marine Sanctuary System, six of which were created after 1990.  A Marine National Monument was also designated, by President Bush through a Presidential proclamation in 2006, as a conservation area. The Papahānaumokuākea Marine National Monument encompasses nearly 140,000 square miles of ocean waters and coral reefs around the northwestern Hawaiian Islands in the Pacific Ocean.  The national marine sanctuaries are managed by the Office of the National Marine Sanctuaries and each sanctuary has a separate staff and program in its local region. Scientific research and monitoring of the sanctuaries is authorized by the Secretary of Commerce. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 62

 National Environmental Policy Act (NEPA)  The National Environmental Policy Act (NEPA) is considered to be one of the most important environmental laws. It was passed by Congress in 1969 and was signed into law on New Year's Day in 1970 by President Nixon. This was his first official act of the 1970's, a decade which is known as an important period for environmental protection. This act is completely procedural which means, unlike other laws, it does not include specific regulations. NEPA created the Council on Environmental Quality (CEQ) which is part of the Executive Office of the President. One of CEQ's directives is to ensure that federal programs comply with NEPA.  NEPA requires all federal agencies to consider the environmental impacts of any major action such as building a dam or making significant changes to a fishery management plan. Prior to any major action taken on by the federal government (like construction of a port or testing underwater sonar), the federal agency taking that action must write an Environmental Assessment (EA) to determine if there will be impacts to the environment. If there is a finding of significant impact, the agency must draft an extensive Environment Impact Statement (EIS) to address the reason for the action, review alternatives to the action and allow for public comment.  After the EIS is released for public comment, individuals and groups will review the statement to ensure they have been thorough and taken a \"hard look\" at the alternatives to the action and the impacts to the environment. If the agency has failed to comply with any of the NEPA rules, they are vulnerable to lawsuits by environmental groups and communities which will be affected by the proposed action HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 63

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 SOLAS Chapter VI – Carriage of Cargoes Requirements for the stowage and securing of all types of cargo and cargo containers except liquids and gases in bulk.  Chapter VII – Carriage of dangerous goods Requires the carriage of all kinds of dangerous goods to be in compliance with the International Maritime Dangerous Goods Code (IMDG Code) HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 65

 SOLAS Chapter XI-1 – Special measures to enhance maritime safety Requirements relating to organisations responsible for carrying out surveys and inspections, enhanced surveys, the ship identification number scheme, and operational requirements.  Chapter XI-2 – Special measures to enhance maritime security Includes the International Ship and Port Facility Security Code (ISPS Code). Confirms that the role of the Master in maintaining the security of the ship is not, and cannot be, constrained by the Company, the charterer or any other person. Port facilities must carry out security assessments and develop, implement and review port facility security plans. Controls the delay, detention, restriction, or expulsion of a ship from a port. Requires that ships must have a ship security alert system, as well as detailing other measures and requirements HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 66

 The Carriage of Goods by Sea Act (\"COGSA\") is a United States statute governing the rights and responsibilities between shippers of cargo and ship-owners regarding ocean shipments to and from the United States. It is the U.S. enactment of the International Convention Regarding Bills of Lading, commonly known as the \"Hague Rules\". It was found in Title 46 Appendix of the United States Code, starting at Section 1301, but has been moved to a note in 46 United States Code 30701.  The United States Congress, concerned that the Hague Rules did not offer shippers enough protection against damage to cargo by shipowners, amended the Hague Rules in a number of minor, but important, ways. It increased the amount that shipowners would have to pay cargo owners for damage in transit from GBP 100 per package to USD 500 per package or, for goods not shipped in packages, per customary freight unit. This \"package limitation\" has become one of the most contentious and litigious areas in the field of cargo damage, particularly as it relates to the transportation of goods by ocean shipping containers. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 67