In maritime law, what chaste term denotes the passage of a vessel through the territorial waters of another state subject to certain restrictions?
"through the strait, but in the 1980s, both countries asserted claims that were different with customary (old) law. Upon ratifying UNCLOS in August 1989, Oman submitted declarations confirming its 1981 royal decree that only innocent passage is permitted through its territorial sea. The declarations further asserted that prior permission was required before foreign warships could pass through Omani territorial waters. Upon signing the convention in December 1982, Iran entered a declaration stating “that only states parties to the Law of the Sea Convention shall be entitled to benefit from the contractual rights created therein”, including “the right of transit passage"
"Mare clausum Mare clausum (legal Latin meaning ""closed sea"") is a term used in international law to mention a sea, ocean or other navigable body of water under the jurisdiction of a state that is closed or not accessible to other states. ""Mare clausum"" is an exception to ""mare liberum"" (Latin for ""free sea""), meaning a sea that is open to navigation to ships of all nations. In the generally accepted principle of International waters, oceans, seas, and waters outside national jurisdiction are open to navigation by all and referred to as ""high seas"" or ""mare liberum"". Portugal and Spain"
"required movement of the subject of regulation across state borders. The decision contains the following principles, some of which have since been altered by subsequent decisions: Additionally, the Marshall Court limited the extent of federal maritime and admiralty jurisdiction to tidewaters in ""The Steamboat Thomas Jefferson"". In ""Cherokee Nation v. Georgia"", , the Supreme Court addressed whether the Cherokee nation is a foreign state in the sense in which that term is used in the constitution. The Court provided a definition of Indian tribe that clearly made the rights of tribes far inferior to those of foreign states. In part"
"Transit passage Transit passage is a concept of the Law of the Sea, which allows a vessel or aircraft the freedom of navigation or overflight solely for the purpose of continuous and expeditious transit of a strait between one part of the high seas or exclusive economic zone and another. 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. This navigation rule is codified in Part III of the United Nations Convention"
"or passengers between United States ports to U.S.-built and flagged vessels. It has been codified as portions of 46 U.S.C. Generally, the Jones Act prohibits any foreign-built, foreign-owned or foreign-flagged vessel from engaging in coastwise trade within the United States. A number of other statutes affect coastwise trade and should be consulted along with the Jones Act. These include the Passenger Vessel Services Act, , which restricts coastwise transportation of passengers, and , which restricts the use of foreign vessels to commercially catch or transport fish in U.S. waters. These provisions also require at least three-fourths (75 percent) of the"
"shipping term, cabotage now also covers aviation, railways, and road transport. Cabotage is ""trade or navigation in coastal waters, or the exclusive right of a country to operate the air traffic within its territory"". In the context of ""cabotage rights"", cabotage refers to the right of a company from one country to trade in another country. In aviation terms, for example, it is the right to operate within the domestic borders of another country. Most countries enact cabotage laws for reasons of economic protectionism or national security. The cabotage provisions relating to the Jones Act restrict the carriage of goods"
"Carriage of Goods by Sea Act 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"
"intercept (or 'interdict') vessels suspected of carrying out illegal activities, such as piracy against ships, smuggling or there is potential for an act of terrorism. If a suspect vessel is registered, or 'flagged', with a state other than the state of the pursuing authorities, then in most cases the pursuing authorities must gain the permission of the 'flag' state prior to boarding. If the suspect vessel crosses into the territorial waters of another state, possibly a third state, which is not the home state of the pursuing authorities, then permission must be sought from the territorial state prior to intercepting"
"ships that remain within the Exclusive Economic Zone (EEZ). In other words, as long as a cargo ship remains within 200 nautical miles off the US coast, it is not considered a biological threat to Great Lakes waters. This exempts ships from other parts of the country and entirely different ecosystems from off-coast ballast water exchange, and to exchange ballast within the Great Lakes. National Invasive Species Act The National Invasive Species Act (NISA) is a United States federal law intended to prevent invasive species from entering inland waters through ballast water carried by ships. NISA reauthorized and amended a"
"in respect of such part of the sea falling outside the harbour of any CHA. The act established the definition of a CHA as any harbour authority that has statutory powers relating to the regulation of shipping movements and the safety of navigation. Initially, a CHA also had to be one whose harbour was wholly or partly within a pilotage district where at least one act of pilotage had been performed, or where a PEC had been in force, between 1984 and 1987. However, the act provided a procedure by which other harbour authorities could be assigned CHA status. Prior"
"reason to believe that the ship has violated the law and regulations of that State. Such pursuit must be commenced when the foreign ship or one of its boats is within the internal waters, the archipelagic waters, the territorial sea, or the contiguous zone if the pursuit has not been interrupted...The right of hot pursuit ceases as soon as the ship pursued enters the territorial sea of its own State or of a third State."" While there is a broad school of thought and considerable academic literature on 'regimes' (see Regime theory), less is known about Maritime Security Regimes as"
"entitle the carrier to a limitation of $2000, was now freighted as ""one automobile"" thereby reducing the shipowner's liability from $2000 per automobile to $500. Carriage of Goods by Sea Act 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"
"captain of a ship committed trespass by allowing oil to flood a shoreline. This was necessary to protect his ship and crew, however, and the defense of necessity was accepted. Necessity does not, however, permit a defendant to enter another's property when alternative, though less attractive, courses of action exist. Trespass Trespass is an area of criminal law or tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment. Through the evolution of"
"safety. One notable exception is the European Union, whose Member States all grant cabotage rights to each other. Cabotage originally meant simply coasting trade, from the French ""caboter"", to travel by the coast. Its ultimate origin is uncertain. The air transport meaning is attested in 1933. Cabotage laws apply to merchant ships in most countries that have a coastline so as to protect the domestic shipping industry from foreign competition, preserve domestically owned shipping infrastructure for national security purposes, and ensure safety in congested territorial waters. For the history of cabotage in UK law, see Navigation Acts. In the United"
"Economic Zone (EEZ), the Continental Shelf, the Safety Zones in the EEZ or the Continental Shelf, then the pursuit may only be undertaken if there has been a violation of the rules and regulations (customs, fiscal, immigration or sanitary laws and regulations of the coastal state) as applicable in the respective regimes (areas, zones). The right of hot pursuit ceases as soon as the ship pursued enters the territorial sea of a foreign state. Where a coastal state, stopping or arresting a foreign ship outside the territorial sea on the basis of its right of hot pursuit, fails to justify"
"labor conditions as well as to crimes committed on board the ship, even if docked at a port. Offences committed in the harbor and the crimes committed there by the crew of a foreign vessel always fall in the jurisdiction of the coastal State. The coastal State can intervene in ship affairs when the master of the vessel requires intervention of the local authorities, when there is danger to the peace and security of the coastal State, or to enforce customs rules. The claim by one state of a waterway as internal waters has led to disputes with other states."
"the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone are subject to the legal regime of transit passage (Strait of Gibraltar, Dover Strait, Strait of Hormuz). The regime of innocent passage applies in straits used for international navigation (1) that connect a part of high seas or an exclusive economic zone with the territorial sea of coastal nation (Strait of Tiran, Strait of Juan de Fuca, Strait of Baltiysk) and (2) in straits formed by an island of a state bordering the strait and its mainland if there exists"
"by the International Maritime Organization. Its objectives include developing and maintaining a regulatory framework for shipping, maritime safety, environmental concerns, legal matters, technical co-operation and maritime security. UNCLOS defines various areas of water. ""Internal waters"" are on the landward side of a baseline and foreign vessels have no right of passage in these. ""Territorial waters"" extend to 12 nautical miles (22 kilometres; 14 miles) from the coastline and in these waters, the coastal state is free to set laws, regulate use and exploit any resource. A ""contiguous zone"" extending a further 12 nautical miles allows for hot pursuit of vessels"
"most recent revision in 2006 included recodification in the U.S. Code. The Jones Act is not to be confused with the Death on the High Seas Act, another United States maritime law that does not apply to coastal and in-land navigable waters. The intention of Congress to ensure a vibrant United States maritime industry and for national defense as stated in the preamble to the Merchant Marine Act of 1920. Cabotage is the transport of goods or passengers between two points in the same country, alongside coastal waters, by a vessel or an aircraft registered in another country. Originally a"
"of any state by the crew or the passengers of a private ship and directed against another ship or against persons or property on board such ship; or (B) any act of voluntary participation in the operation of a ship with knowledge of facts making it a pirate ship; or (C) any act of inciting or of intentionally facilitating an act described in(A)or(B) above"")."" The case was remanded to E.D. Va., see US v. Said, 3 F. Supp. 3d 515 – Dist. Court, ED Virginia (2014). During the 18th century, the British and the Dutch controlled opposite sides of the"
"auxiliaries, and military aircraft, enjoy the right of unimpeded transit passage in such straits and their approaches. Submarines are free to transit international straits submerged since that is their normal mode of operation . The legal regime of transit passage exists in the most important straits for the international trade exchange and security (Strait of Gibraltar, Dover Strait, Strait of Hormuz, Bab-el-Mandeb, Strait of Malacca). Transit passage rights do not extend to any state's internal waters within a strait. Transit passage Transit passage is a concept of the Law of the Sea, which allows a vessel or aircraft the freedom"
"Cruiser rules Cruiser rules is a colloquial phrase referring to the conventions regarding the attacking of a merchant ship by an armed vessel. Here ""cruiser"" is meant in its original meaning of a ship sent on an independent mission such as commerce raiding. A cruiser in modern naval terminology refers to a type of ship rather than its mission. Cruiser rules govern when it is permissible to open fire on an unarmed ship and the treatment of the crews of captured vessels. During both world wars the question was raised of whether or not submarines were subject to cruiser rules."
"any vessels employed in carrying on trade, business or traffic, contrary to the true intent and meaning of this or the said act to which this is in addition; and such vessel, together with her tackle, apparel and guns, and the goods or effects, other than slaves, which shall be found on board, shall be forfeited, and may be proceeded against in any of the district or circuit courts, and shall be condemned for the use of the officers and crew of the vessel making the seizure, and be divided in the proportion directed in the case of prize: and"
"Navigable servitude Navigable servitude is a doctrine in United States constitutional law that gives the federal government the right to regulate navigable waterways as an extension of the Commerce Clause in Article I, Section 8 of the constitution. It is also sometimes called federal navigational servitude. The Commerce Clause gives Congress the power to regulate ""commerce . . . among the several states."" In ""Gibbons v. Ogden"" (1824), the United States Supreme Court ruled unanimously that this power extended to regulation over navigable waterways, which were an important hub of transportation in the early years of the Republic. Although the"
"After this, submarine attacks on British merchant shipping commenced in force in the Battle of the Atlantic. Cruiser rules Cruiser rules is a colloquial phrase referring to the conventions regarding the attacking of a merchant ship by an armed vessel. Here ""cruiser"" is meant in its original meaning of a ship sent on an independent mission such as commerce raiding. A cruiser in modern naval terminology refers to a type of ship rather than its mission. Cruiser rules govern when it is permissible to open fire on an unarmed ship and the treatment of the crews of captured vessels. During"
"1930 broadly agreed on the validity of the right of hot pursuit, but the proposed convention on territorial waters in which it was included was never ratified. It was finally codified as Article 23 of the Geneva Convention on the High Seas in 1958. The Geneva Convention on the High Seas was eventually folded into the United Nations Convention on the Law of the Sea. Article 111 of the latter treaty grants a coastal state the right to pursue and arrest ships escaping to international waters, as long as: If the foreign ship is within a contiguous zone, the Exclusive"
"In accordance with this law, cruise lines that operate foreign-flagged vessels are fined $778 for each passenger who boarded such a vessel in one U.S. port and left the vessel at another port. The cruise lines typically pass this cost on the passengers who ""jump the ship"". Exemptions are available in the case of family emergencies etc. Some exceptions have been made to the requirement of the Passenger Services Act. For example, Canadian vessels may transport passengers between Rochester, New York and Alexandria Bay, New York until such time as a U.S. carrier enters the market (46 U.S.C. § 55121(a)),"
"littoral state subject to conditions in the United Nations Convention on the Law of the Sea. The right of innocent passage is not allowed, however, in internal waters, which are enclosed bodies of water or waters landward of a chain of islands. Disagreements about the sector principle or extension of territory to the North Pole and about the definition of internal waters in the Arctic lie behind differences in territorial claims in the Arctic. This claim is recognized by most countries with some exceptions, including the United States; Denmark, Russia, and Norway have made claims similar to those of Canada"
"import of liquor into the United States and authorizes the Coast Guard to seize, board, and search any vessel suspected to U.S revenue laws. U.S. territorial waters are 12 miles outward from any US coast. The motor boat was seized outside of this twelve-mile territory; therefore, Lee and his co-defendants sued for a writ of error claiming the Coast Guard did not have jurisdiction to board their vessel in international waters. The case was brought before the United States Court of Appeals for the First Circuit which agreed with the defendants and set aside the conviction. The government appeals the"
"out of the controversy, maritime states came to moderate their demands and base their maritime claims on the principle that it extended seawards from land. A workable formula was found by Cornelius Bynkershoek in his ""De dominio maris"" (1702), restricting maritime dominion to the actual distance within which cannon range could effectively protect it. This became universally adopted and developed into the three-mile limit. Mare clausum Mare clausum (legal Latin meaning ""closed sea"") is a term used in international law to mention a sea, ocean or other navigable body of water under the jurisdiction of a state that is closed"
"interrupted by territorial waters adjacent to land, forming gaps: it is a pole-to-pole dashed line. A ship within the territorial waters of any nation would use that nation's standard time, but would revert to nautical standard time upon leaving its territorial waters. The captain is permitted to change the ship's clocks at a time of the captain's choice following the ship's entry into another time zone. The captain often chooses midnight. Ships going in shuttle traffic over a time zone border often keep the same time zone all the time, to avoid confusion about work, meal, and shop opening hours."
"Freedom of navigation Freedom of navigation (FON) is a principle of customary international law that ships flying the flag of any sovereign state shall not suffer interference from other states, apart from the exceptions provided for in international law. This right is now also codified as article 87(1)a of the 1982 United Nations Convention on the Law of the Sea. Not all UN member states have ratified the convention; notably, the United States has signed, but not ratified the convention. Until the early modern period, international maritime law was governed by customs that were sometimes codified: as for example in"
"within the territorial waters of the United States, a neutral party. In the case ""Jean Francis Soult"" v. ""Corvette L'Africaine"", Judge Thomas Bee of the South Carolina District Court consulted maps and heard testimony, the upshot of which was that ""Garland"" had seized ""Africaine"" more than one league (three nautical miles or 3.452 miles) offshore, and hence outside U.S. territorial waters. The case established that territorial waters were to be measured from the low-tide line from the shore, with shoals completely under water not counting for the determination of shore or coast. During early 1804 ""Echo"" recaptured the ship ""Mary"