ULUSLARARASI KAMU HUKUKU II - Deneme Sınavı - 2

The exclusive economic zone (EEZ) is an area that extends up to 200 nm from the (straight) baseline that covers not only the body of water, but also the waters superjacent to the seabed, the seabed itself and its subsoil (Articles 55, 56 and 57, UNCLOS). As seen earlier, rocks that cannot sustain human habitation or economic life of their own cannot have EEZ either. It gives coastal States extensive rights (Churchill and Lowe, 1999: 160) that mainly include exploring, exploiting, conserving and managing living and non-living natural resources, as well as other activities such as the production of energy from the water, currents and winds. Coastal States also have “jurisdiction as provided for in the relevant provisions” of the 1982 UNCLOS with regard to “the establishment and use of artificial islands, installations and structures” as well marine scientific research and the protection and preservation of the marine environment.

States may exercise jurisdiction over foreign ships on the high seas under the principle of “universal jurisdiction”. Leaving aside the fact that this principle has now metamorphosed into a much wider of element international criminal law, it has been generally accepted for a long time that some particular criminals considered to be the enemies of all mankind may well be punished by the authorities of any nation that captured them (Kazemi, 2013: 2). Such crimes include piracy, unauthorized broadcasting, slave trading and drug trafficking. The 1958 HSC (Articles 13 and 14) and the 1982 UNCLOS (Articles 99, 100, 108 and 109) stipulate that all States have not only the right to exercise jurisdiction over such vessels but also the duty to do so.

Finally, the right to hot pursuit entitles coastal States to exercise their jurisdiction on, and even arrest, foreign ships which violated their respective laws and regulations. This right is “designed to ensure that a vessel which has infringed the rules of a coastal state cannot escape punishment by fleeing to the high seas” (Shaw, 2008: 617). But, there are certain conditions as clearly listed in Articles 23 and 111 of the 1958 HSC and the 1982 UNCLOS respectively. First and foremost, a foreign ship must have violated the laws, regulations and rights put into force for the protection of the zone in question. Therefore, the coastal State would have extensive rights on foreign ships in the territorial sea, the pursuit may be commenced within the contiguous zone only if the laws and regulations of the coastal State concerning customs, fiscal, immigration or sanitary issues are violated. Second, the pursuit must be commenced within the zone where the violation took place and may only continue as long as it is not interrupted. Third, in order to commence a hot pursuit, a visual or auditory signal to stop must be given at a distance which enables the foreign ship to see or hear the warning. Fourth, the right of hot pursuit may only be exercised by warships or other duly marked and identifiable governmental vessels of the coastal State that may also use military aircrafts under certain limited conditions. Fifth, the competent authorities of the coastal State should have good reasons to believe that a violation has taken place. In cases where a ship has been stopped or arrested in circumstances which do not justify the exercise of this right, the coastal State would be obliged to compensate for any loss or damage caused. Last but not least, the pursuit would cease as soon as the ship pursued enters the territorial sea of its own State or of a third State (Tanaka, 2012: 163 ff.).

The correct choice is B.

The correct choice is C.

The correct choice is A.

The correct choice is D.

The correct choice is B.

The correct choice is B.

The correct choice is C, "1958".

The correct choice is C, "200 nm".

The correct choice is B, " High seas".

The correct choice is C, "Article 69".

The first four conventions concluded in 1958 at the first United Nations Conference on the Law of the Sea are as follows:

Second and third United Nations Conferences on the Law of the Sea, which were convened mostly for unresolved issues such as the breadth of territorial seas and international seabed, lasted for years and the United Nations Convention on the Law of the Sea was concluded in 1982.

Second and third United Nations Conferences on the Law of the Sea which were convened mostly for unresolved issues such as the breadth of territorial seas and international seabed, lasted for years and the United Nations Convention on the Law of the Sea entered into force in 1994.

The main conventions of the law of the sea are:
- The 1958 Convention on the High Seas,
- The 1958 Convention on the Territorial Sea and Contiguous Zone,
- The 1958 Convention on the Continental Shelf,
- The 1958 Convention on Fishing and Conservation of Living Resources of the High Seas,
- The 1982 Convention on the Law of the Sea.

Sea, which is the very foundational concept of the law of the sea, has not been defined in any international instrument. Nevertheless, what generally referred to as seas are the masses of salty water naturally connected with each other via natural straits, and thus constitute a means of worldwide transportation and communication. Legally speaking, an ocean which is no more than a
major body of water in between continents is also considered sea.

A universally recognized definition of ship is yet to be done. The notion employed by countless international instruments has in fact been understood and even defined in quite different ways and terms in national laws of States. Nonetheless, a brief look at domestic practices and the international scholarly literature suggests that self-propelled vehicles used or capable of being used as a means of transportation on water may well be defined and/or accepted as “ship”. Besides, adopting a negative definition, it may also be suggested that a vessel that does not have and/or uses propulsion units and therefore cannot move and maneuver with its own means (such as barges, platforms and even tiny boats) cannot be deemed as a ship.

Each ship should have a name, a port of registry and nationality, which is made known and
identified by the flag it flies.