1.COMMUNITY CONTEXT AND FUNDAMENTAL POLICIES 1
The Process of Interaction 14
The Process of Claim 28
The Process of Authoritative Decision 36
The Common Interest in an Economic Balance of Exclusive and Inclusive Uses 51
Factors Influencing Authoritative Decision-Makers 56
The Claim to Authority Asserted 58
The Counterclaim to Authority 62
Significant Features of the Community Context 63
The Community Interest under Probable Future Conditions 63
Authority over Internal Waters 64
Authority over the Territorial Sea 65
Boundary between Internal Waters and Territorial Sea 67
Breadth of the Territorial Sea 69
Authority over the High Seas Areas Contiguous to the Territorial Sea 75
Shared Competence and Use on the High Seas 81
Maintenance of the Public Order of the Oceans and the Nationality of Ships 86
Reciprocal Interests Demand Mutual Restraint 87
2.CLAIMS TO AUTHORITY OVER INTERNAL WATERS 89
Factual Background 89
Claims and Counterclaims:The Pattern of Controversy 92
Basic Community Policies 98
Particular Controversies:Clarification of Policy,Trends in Decision,Appraisal and Recommendation 99
Claims to Control Access to Internal Waters 99
Access to Ports 99
Access to Internal Waters for Passage 117
Claims to Apply Policy to Vessels in Internal Waters 126
Private Vessels 127
Warships 130
Government Vessels other than Warships 137
Claims to Prescribe for Activities Directly Relating to the Use of Internal Waters 155
Claims to Prescribe and to Apply Policy to Events on Board Ships while within Internal Waters 161
Claims to Resources 173
3.CLAIMS TO AUTHORITY OVER THE TERRITORIAL SEA 174
Factual Background 174
Claims and Counterclaims:The Pattern of Controversy 179
Basic Community Policies 184
Particular Controversies:Clarification of Policy,Trends in Decision,Appraisal and Recommendation 187
Claims to Control Access to the Territorial Sea 187
Claims to Comprehensive,Continuing Authority to Deny All Passage through the Territorial Sea 187
Claims to Occasional Exclusive Competence to Deny Passage for Cause 226
Claims to Apply Policy in the Territorial Sea 269
Private Vessels 269
Warships 283
Other Government Vessels 284
Claims to Prescribe for Activities Directly Relating to the Use of the Territorial Sea 289
Claims to Prescribe and to Apply Policy to Persons Aboard Vessels in the Territorial Sea 291
Claims to Exclusive Access to Resources 302
4.CLAIMS TO DELIMIT THE BOUNDARY BETWEEN INTERNAL WATERS AND TERRITORIAL SEA 305
Factual Background 305
Claims and Counterclaims:The Pattern of Controversy 309
Basic Community Policies 316
Particular Controversies:Clarification of Policy,Trends in Decision,Appraisal and Recommendation 319
Claims with Respect to Coasts Having No Special onfiguration 319
Claims with Respect to Coasts with Special Configuration 327
Claims Relating to Indentations 327
Claims Relating to Offshore Islands 373
Claims Relating to Definition of an Island and to Delimitation from Offshore Structures 387
Claims Related to Rugged and Complex Coastal Configurations 398
Claims Relating to Nonadjacent Archipelagoes 411
Claims Relating to Ports and Roadsteads 419
Claims Relating to Delimitation between Proximate States 427
The Claims 427
The Boundary between Adjacent and Opposing States 428
Indentations in the Territory of Two or More States 437
5.CLAIMS TO DETERMINE THE WIDTH OF THE TERRITORIAL SEA 446
Factual Background 453
Fisheries and the Territorial Sea 453
The Territorial Sea and Security 482
Ocean Transportation and the Territorial Sea 485
Claims and Counterclaims:The Pattern of Controversy 486
Basic Community Policies 488
The Claim to Discretionary Authority to Fix the Width of the Territorial Sea 489
Clarification of Policy 489
Trends in Decision 490
Appraisal and Recommendation 498
The Claim to a Particular Width for the Territorial Sea 499
Clarification of Policy 499
Trends in Decision 520
Appraisal and Recommendation 548
The Common Interest in Preserving Inclusive Use and Competence 561
6.CLAIMS TO AUTHORITY IN OCEAN AREAS ADJACENT TO THE TERRITORIAL SEA 565
Factual Background 565
Claims and Counterclaims:The Pattern of Controversy 575
Basic Community Policies 578
Particular Controversies:Clarification of Policy,Trends in Decision,Appraisal and Recommendation 581
Claims in Relation to Control of Access 582
Claims to Prescribe Authority 608
Claims to Apply Authority 621
Claims Relating to Exclusive Appropriation of Resources in Adjacent Submarine Areas 630
Claims to Exclusive Control of Mineral Resources 631
Claims to Exclusive Control of the Living Resources of Submarine Areas 642
Claims to Delimit the Area of Coastal Control 663
Claims to Prescribe and Apply Authority (Principally Relating to the Accommodation of Exclusive and Inclusive Use) 691
Claims to Delimit Boundaries between Adjacent and Opposing States 724
7.CLAIMS TO SHARED USE AND COMPETENCE UPON THE HIGH SEAS 730
Factual Background 730
Claims and Counterclaims:The Pattern of Controversy 743
Basic Community Policies 747
Particular Controversies:Clarification of Policy,Trends in Decision,Appraisal and Recommendation 751
Claims Relating to Access to and Use of the Oceans 751
Claims to Access for All Purposes 751
Claims to Access for Navigation 763
Claims with Respect to Access to Submarine Areas for Communication and Transportation 778
Claims with Respect to Access to Space above the High Seas 782
Claims to Access for Emerging Uses 790
Claims to Regulate,and the Particular Regulation of,Shared Enjoyment of the Oceans 794
Claims to Competence to Prescribe for the Conduct of Vessels 796
Claims to Establish Particular Regulation for Accommodation of Shared Use 805
Claims Relating to Minimum Order 805
Claims Relating to Permissible Coercion by States 805
Claims to Suppress Piracy 806
Claims Relating to Optimum Order 823
Claims with Respect to Safe and Ordered Navigation 823
Claims to Accommodate Surface and Submarine Uses of the Ocean 842
Claims Relating to Control of Pollution 848
Oil Pollution 849
Nuclear Pollution 852
Claims to Apply Policy on the High Seas 868
The Claim to Authority to Apply Policy 869
Claims to Apply Authority to Foreign Vessels for Acts of Piracy 875
Claims to Prevent Use of Ships in the Slave Trade 879
Claims with Respect to Procedures for Enforcement beyond the Territorial Sea of Inclusive and Exclusive Prescriptions 885
Visit and Search 885
Hot Pursuit 893
Clarification of Policy 894
Trends in Decision 898
Appraisal and Recommendation 919
Claims to the Appropriation and Conservation of Marine Animal Resources 923
Clarification of Policy 927
Trends in Decision 941
Objectives of Conservation 941
Allocation of Use 948
Prescription and Application for Exploitation of Marine Animal Resources 964
The Settlement of Disputes 996
Appraisal and Recommendation 998
8.THE MAINTENANCE OF THE PUBLIC ORDER OF THE OCEANS AND THE NATIONALITY OF SHIPS 1008
Attributions of National Character Traditionally Conclusive 1011
The Proposed Subversion in Genuine Link 1013
Irrelevant Demands by Labor and Business 1016
Demanded Remedies Dangerous and Uneconomic 1022
The Derivation from Nottebohm 1026
The Nottebohm Decision Slightly Overextrapolated 1028
Manifold Dangers to Shared Use and Competence 1033
The Requirements of Rational Inquiry and Recommendation 1035
Significant Features of the Process of Interaction 1036
The Process of Claim 1039
The Process of Decision 1047
The Clarification of General Policies:The Common Interest in the Conclusiveness of Attributions of National Character 1051
Trends in Past Decisions and Conditioning Factors 1057
Claims Relating to Control over Ships 1057
Claims to Access and Freedom of Navigation 1071
Claims with Respect to Events Directly Affecting Common Enjoyment of the High Seas 1080
Claims Relating to Events Occurring on Board Ship on the High Seas 1091
Claims to Protect Coastal Interests 1095
Claims Relating to Seizure of Ships for Purposes of Civil Jurisdiction 1106
Claims with Respect to Events Primarily Affecting Value Processes within Territorial Communities and Not Directly Related to the Enjoyment of the High Seas 1107
Claims Relating to Modalities of Proof of the National Character of Ships 1112
Claims with Respect to Registration 1113
Claims with Respect to Documentation 1118
Claims with Respect to Flag 1120
Claims with Respect to Name of Vessel 1122
Claims with Respect to "Genuine Link" 1122
Conclusiveness of Attribution Remains Indispensable 1137
APPENDIXES 1143
A.Convention on the Territorial Sea and the Contiguous Zone 1143
B.Convention on the High Seas 1153
C.Convention on Fishing and Conservation of the Living Resources of the High Seas 1164
D.Convention on the Continental Shelf 1173
E.Ratifications and Accessions to the Conventions 1178
F.Declarations and Reservations to the Conventions 1180
TABLE OF CASES 1193
NAME INDEX 1195
SUBJECT INDEX 1203