Friday 7 June 2013

United Nations Convention on the Law of the Sea


I am no Rhodes Scholar but Tony Abbott's statement that the Coalition would turn back the refugee boats would seem to contravene these Articles of the United Nations Convention on the Law of the Sea.What if the boat is in international waters?


Article 87
Freedom of the high seas
The high seas are open to all States, whether coastal or land-locked. Freedom of the high seas is exercised under the conditions laid down by this Convention and by other rules of international law. It comprises, inter alia, both for coastal and land-locked States:
        (a) freedom of navigation;
        (b) freedom of overflight;
        (c) freedom to lay submarine cables and pipelines, subject to Part VI;
        (d) freedom to construct artificial islands and other installations permitted under international law, subject to Part VI;
        (e) freedom of fishing, subject to the conditions laid down in section 2;
        (f) freedom of scientific research, subject to Parts VI and XIII.
    These freedoms shall be exercised by all States with due regard for the interests of other States in their exercise of the freedom of the high seas, and also with due regard for the rights under this Convention with respect to activities in the Area.
and

Article 101
Definition of piracy
Piracy consists of any of the following acts:
        (a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:
          (i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;
          (ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;
        (b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;
        (c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).


Australia like any other Country has no jurisdiction outside it's own territorial waters.

Australia's Maritime Zones  
 "A zone contiguous to the territorial sea, the outer limit of which
does not exceed 24 nautical miles from the territorial sea
baseline. In this zone, Australia may exercise control
necessary to prevent and punish infringement of its customs,
fiscal, immigration or sanitary laws and regulations within its
territory or territorial sea."

The Worker

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