THE COASTAL STATE The jurisdiction

THE COASTAL STATE
The jurisdiction of the coastal State over seaward maritime areas remains nothing less that the projection of State sovereignty onto the sea. Hence the traditional debate on the breadth of the territorial waters, best encapsulated in Bynkershoek's words :
" terrae dominium finitur ubi finitur armorum vis ".
The territorial aspect of the State extends to all the maritime zones, from the full sovereignty exercised over the territorial sea to the sovereign rights enjoyed in the EEZ. It would be, however, incorrect to presume that the jurisdiction the coastal State exercises over the seas is identical to that exercised on the land. The right of innocent passage creates a major hole in the sovereignty of the coastal State : it allows for "continuous and expeditious" passage through the territorial sea "so long as it is not prejudicial to the peace, good order or security of the coastal State" and it takes "place in conformity with (the) Convention and with other rules of international law". This general negative definition. which was also to be found in article 14 paragraph 4 of the 1958 Geneva Convention on the Territorial Sea, was improved with the addition of a (non-exhaustive) list of activities, the presence of which renders the passage non-innnocent and thus returns the ship to the full jurisdiction of the coastal State, which "may take all the necessary steps in its territorial sea to prevent (such) passage". The prohibited activities include weapons practice, intelligence gathering, propaganda, launching or taking on board of aircraft or other military device, embarking or disembarking persons or goods in breach of customs, fiscal, immigration and sanitary laws and regulations, wilful and serious pollution, fishing, research or survey activities, interference with communications as well as two generic clauses, presumably at the discretion of the coastal State :"any other activity not having a direct bearing on passage",and

Kết quả (Việt) 1:

QUỐC GIA VEN BIỂN Thẩm quyền của quốc gia ven biển trên biển khu vực hàng hải vẫn không có gì ít hơn mà dự của nhà nước chủ quyền trên biển. Do đó cuộc tranh luận truyền thống về bề rộng của vùng lãnh hải, tốt nhất đóng gói trong lời của Bynkershoek:"terrae dominium finitur ubi finitur armorum vis". The territorial aspect of the State extends to all the maritime zones, from the full sovereignty exercised over the territorial sea to the sovereign rights enjoyed in the EEZ. It would be, however, incorrect to presume that the jurisdiction the coastal State exercises over the seas is identical to that exercised on the land. The right of innocent passage creates a major hole in the sovereignty of the coastal State : it allows for "continuous and expeditious" passage through the territorial sea "so long as it is not prejudicial to the peace, good order or security of the coastal State" and it takes "place in conformity with (the) Convention and with other rules of international law". This general negative definition. which was also to be found in article 14 paragraph 4 of the 1958 Geneva Convention on the Territorial Sea, was improved with the addition of a (non-exhaustive) list of activities, the presence of which renders the passage non-innnocent and thus returns the ship to the full jurisdiction of the coastal State, which "may take all the necessary steps in its territorial sea to prevent (such) passage". The prohibited activities include weapons practice, intelligence gathering, propaganda, launching or taking on board of aircraft or other military device, embarking or disembarking persons or goods in breach of customs, fiscal, immigration and sanitary laws and regulations, wilful and serious pollution, fishing, research or survey activities, interference with communications as well as two generic clauses, presumably at the discretion of the coastal State :"any other activity not having a direct bearing on passage",and