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Annotated Supplement to the Commander's Handbook On ANNOTATED SUPPLEMENT TO THE COMMANDER’S HANDBOOK ON THE LAW OF NAVAL OPERATIONS NEWPORT, RI 1997 15 NOV 1997 INTRODUCTORY NOTE The Commander’s Handbook on the Law of Naval Operations (NWP 1-14M/MCWP S-2.1/ COMDTPUB P5800.1), formerly NWP 9 (Rev. A)/FMFM l-10, was promulgated to U.S. Navy, U.S. Marine Corps, and U.S. Coast Guard activities in October 1995. The Com- mander’s Handbook contains no reference to sources of authority for statements of relevant law. This approach was deliberately taken for ease of reading by its intended audience-the operational commander and his staff. This Annotated Supplement to the Handbook has been prepared by the Oceans Law and Policy Department, Center for Naval Warfare Studies, Naval War College to support the academic and research programs within the College. Although prepared with the assistance of cognizant offices of the General Counsel of the Department of Defense, the Judge Advocate General of the Navy, The Judge Advocate General of the Army, The Judge Advocate General of the Air Force, the Staff Judge Advo- cate to the Commandant of the Marine Corps, the Chief Counsel of the Coast Guard, the Chairman, Joint Chiefs of Staff and the Unified Combatant Commands, the annotations in this Annotated Supplement are not to be construed as representing official policy or positions of the Department of the Navy or the U.S. Governrnent. The text of the Commander’s Handbook is set forth verbatim. Annotations appear as footnotes numbered consecutively within each Chapter. Supplementary Annexes, Figures and Tables are prefixed by the letter “A” and incorporated into each Chapter. Comments, suggestions and recommendations for changes to this volume may be submitted to the undersigned. Richard J. Grunawalt Director, Oceans Law and Policy Department ANNOTATED SUPPLEMENT TO THE COMMANDER’S HANDBOOK ON THE LAW OF NAVAL OPERATIONS CONTENTS Page No. INTRODUCTORY NOTE . -”111 CONTENTS . v USING THE ANNOTATED SUPPLEMENT . xix ABBREVIATIONS AND RECURRING CITATIONS . Abbreviations- 1 PREFACE SCOPE ...................................... 1 PURPOSE .................................... 1 APPLICABILITY ................................ 2 STANDING RULES OF ENGAGEMENT (SROE) ........... 2 INTERNATIONAL LAW ........................... 3 Practice of Nations ............................... 3 International Agreements ............................ 3 U.S. Navy Regulations ............................. 4 PART I-LAW OF PEACETIME NAVAL OPERATIONS CHAPTER 1 LEGAL DIVISIONS OF THE OCEANS AND AIRSPACE 1.1 INTRODUCTION.. .............................. l-l 1.2 RECOGNITION OF COASTAL NATION CLAIMS .......... 1-2 1.3 MARITIME BASELINES ........................... l-3 Page NO. 1.3.1 Low-Water Line ................................. l-4 1.3.2 Straight Baselines ................................ l-5 1.3.3 Bays and Gulfs .................................. l-8 1.3.4 River Mouths ................................... 1-12 1.35 Reefs ........................................ 1-13 1.3.6 Harbor Works .................................. 1-13 1.4 NATIONAL WATERS ............................. 1-14 1.4.1 Internal Waters .................................. 1-14 1.4.2 Territorial Seas .................................. 1-14 1.4.3 Archipelagic Waters ............................... 1-17 1.5 INTERNATIONAL WATERS ........................ 1-18 1.51 Contiguous Zones ................................ 1-18 1.52 Exclusive Economic Zones .......................... 1-19 1.53 High Seas ..................................... 1-21 1.54 Security Zones .................................. 1-21 1.6 CONTINENTALSHELVES . l-22 1.7 SAFETYZONES . l-24 1.8 AIRSPACE . l-24 1.9 OUTERSPACE . l-24 ANNEXES Al-l U.S. Statement in Right of Reply ....................... l-25 Al-2 Letter of Transmittal & Letter of Submittal ................ l-29 Al-3 U.S. Oceans Policy Statement ........................ l-38 Al-4 Maritime Claims of the U.S. ......................... l-40 Al-5 Consolidated Glosssary of Technical Terms ................ l-44 Al-6 U.S. Territorial Sea Proclamation ...................... l-64 Al-7 U.S. EEZ Fact Sheet .............................. l-65 Al-8 U.S. EEZ Proclamation ............................ l-68 FIGURES l-l Straight Baselines ................................ l-7 l-2 The Semicircle Test ............................... l-9 vi Page No. l-3 Bay With Islands ................................. l-10 l-4 Bay With Mouth Exceeding 24 Nautical Miles ............... l-10 l-5 Territorial Sea of Islands and Low-Tide Elevations ............ 1-16 Al-l Legal Regimes for Oceans & Airspace ................... l-69 Al-2 Continental Shelf Delimitation ........................ l-70 Al-3 Depth of Sediment Test ............................ l-70 TABLES Al-l Parties to the 1982 LOS Convention .................... 1-71 Al-2 Parties to the 1958 Geneva Conventions .................. l-74 Al-3 States Delimiting Straight Baselines ..................... l-77 Al-4 Claimed Historic Bays ............................. l-80 Al-5 Claimed Territorial Seas ............................ 1-81 Al-6 Expansion of Territorial Sea Claims .................... l-84 Al-7 Archipelagic State Claims ........................... 1-85 Al-8 A. Multi-Island States Not Qualified .................... l-87 B. Dependent Territories ........................... l-87 Al-9 States With Acceptable Archipelagic Ratios ................ 1-88 Al-10 Contiguous Zone Claims ........................... l-89 Al-11 Illegal Security Zones ............................. l-90 CHAPTER 2 INTERNATIONAL STATUS AND NAVIGATION OF WARSHIPS AND MILITARY AIRCRAFT 2.1 STATUS OF WARSHIPS ........................... 2-l 2.1.1 Warship Defined ................................. 2-l 2.1.2 International Status ............................... 2-l 2.1.3 Auxiliaries .................................... 2-4 2.2 STATUS OF MILITARY AIRCRAFT ................... 2-5 2.2.1 Military Aircraft Defined ............................ 2-5 2.2.2 International Status ............................... 2-6 2.2.3 Military Contract Aircraft ........................... 2-6 2.3 NAVIGATION IN AND OVERFLIGHT OF NATIONAL WATERS ............................. 2-6 2.3.1 Internal Waters .................................. 2-6 2.3.2 Territorial Seas .................................. 2-7 2.3.3 International Straits ............................... 2-12 vii Page No. 2.3.4 Archipelagic Waters . 2-17 2.4 NAVIGATION IN AND OVERFLIGHT OF INTERNATIONAL WATERS ........................ 2-19 2.4.1 Contiguous Zones ................................ 2-19 2.4.2 Exclusive Economic Zones .......................... 2-20 2.4.3 High Seas ..................................... 2-21 2.4.4 Declared Security and Defense Zones .................... 2-22 2.4.5 Polar Regions .................................. 2-24 2.4.6 Nuclear Free Zones ............................... 2-26 2.5 AIR NAVIGATION ............................... 2-28 2.5.1 National Airspace ................................ 2-28 2.5.2 International Airspace .............................. 2-29 2.6 EXERCISE AND ASSERTION OF NAVIGATION AND OVERFLIGHT RIGHTS AND FREEDOMS . 2-32 2.7 RULES FOR NAVIGATIONAL SAFETY FOR VESSELS AND AIRCRAFT ................................ 2-35 2.7.1 International Rules ................................ 2-35 2.7.2 National Rules .................................. 2-35 2.7.3 Navigational Rules for Aircraft ........................ 2-35 2.8 U.S.-U.S.S.R. AGREEMENT ON THE PREVENTION OF INCIDENTS ON AND OVER THE HIGH SEAS . 2-36 2.9 MILITARY ACTIVITIES IN OUTER SPACE .............. 2-38 2.9.1 Outer Space Defined .............................. 2-38 2.9.2 The Law of Outer Space ............................ 2-38 2.9.3 International Agreements on Outer Space Activities ........... 2-40 2.9.4 Rescue and Return of Astronauts ....................... 2-42 2.9.5 Return of Outer Space Objects ........................ 2-42 ANNEXES A2-1 ALPACFLT 016/94: Sovereign Immunity Policy ............ 2-43 A2-2 Joint US/USSR Territorial Sea Statement ................. 2-47 A2-3 Policy on Exercise of the Right of Assistance Entry ........... 2-48 A2-4 CJCSI 2410.01A: Guidance for The Exercise of Right of Assistance Entry ............. 2-50 .*. Vlll Page No. A2-5 NAVJAG MSG 0616302 Jun 88: Guidance on Transit Passage .............................. 2-59 A2-6 Draft MSG on Transit Passage Policy ................... 2-62 A2-7 U.S. Freedom of Navigation Program ................... 2-68 A2-8 Navigation Rights & the Gulf of Sidra ................... 2-70 FIGURES 2-l A Designated Archipelagic Sea Lane .................... 2-19 A2-1 Danish Straits .................................. 2-71 A2-2 Strait of Gibralter ................................ 2-72 A2-3 Strait of Bab El Mandeb ........................... 2-73 A2-4 Strait of Hormuz ................................ 2-74 A2-5 Strait of Malacca ................................ 2-75 A2-6 Strait of Tiran .................................. 2-76 A2-7 Canadian Arctic ................................. 2-77 A2-8 Northwest Passage ............................... 2-78 A2-9 Latin American Nuclear-Free Zone ..................... 2-79 A2-10 South Pacific Nuclear-Free Zone ...................... 2-80 A2-11 African Nuclear-Weapon-Free Zone .................... 2-81 A2-12 Gulf of Sidra .................................. 2-82 TABLES A2-1 Restrictions on Warship Innocent Passage ................. 2-83 A2-2 Straits Between an Island & Mainland ................... 2-84 A2-3 Straits Regulated by Long-standing Conventions ............. 2-85 A2-4
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