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117-492: Territorial waters are informally an area of water where a sovereign state has jurisdiction , including internal waters , the territorial sea , the contiguous zone , the exclusive economic zone , and potentially the extended continental shelf (these components are sometimes collectively called the maritime zones ). In a narrower sense, the term is often used as a synonym for the territorial sea. Vessels have different rights and duties when passing through each area defined by

234-602: A country is recognized as de jure , it is an acknowledgment by the other de jure nations that the country has sovereignty and the right to exist. However, it is often at the discretion of each nation whether to co-operate or participate. If a nation does agree to participate in activities of the supranational bodies and accept decisions, the nation is giving up its sovereign authority and thereby allocating power to these bodies. Insofar as these bodies or nominated individuals may resolve disputes through judicial or quasi-judicial means, or promote treaty obligations in

351-438: A sovereign state has exclusive rights regarding the exploration and use of marine resources , including energy production from water and wind. It stretches from the outer limit of the territorial sea (22.224 kilometres or 12 nmi from the baseline) out 370.4 kilometres (or 200 nautical miles ) from the coast of the state in question. It is also referred to as a maritime continental margin and, in colloquial usage, may include

468-498: A coastal state. The territorial sea is sovereign territory, although foreign ships (military and civilian) are allowed innocent passage through it, or transit passage for straits ; this sovereignty also extends to the airspace over and seabed below. In international law, adjustment of these boundaries is called maritime delimitation . A state's territorial sea extends up to 12 nmi (22 km; 14 mi) from its baseline. If this overlaps with another state's territorial sea,

585-848: A crime, as well as cases of alleged child abuse or neglect; serious crimes committed by 16 or 17 year old persons may be referred to the District Courts. Seven judges in the Appeals Court hear most criminal appeals from District Courts, all appeals from juvenile court and all domestic/divorce cases from District Court, as well as some cases transferred to them by the Supreme Court. The Supreme Court seats five judges who hear appeals on first-degree felonies (the most serious) including capital crimes, as well as all civil cases from District Court (excepting divorce/domestic cases). The Supreme Court also oversees cases involving interpretation of

702-547: A lower appellate court) has heard the matter. For example, in United States federal courts , the United States district courts have original jurisdiction over a number of different matters (as mentioned above), and the United States court of appeals have appellate jurisdiction over matters appealed from the district courts. The U.S. Supreme Court, in turn, has appellate jurisdiction (of a discretionary nature) over

819-712: A maritime delimitation agreement exists with another state. To the 12 nautical miles boundary is Australia's territorial waters . Australia has the third largest exclusive economic zone, behind France and the United States, but ahead of Russia, with a total area of 8,148,250 square kilometres, which actually exceeds its land territory. The United Nations Commission on the Limits of the Continental Shelf (CLCS) confirmed, in April 2008, Australia's rights over an additional 2.5 million square kilometres of seabed beyond

936-414: A matter is brought before the courts in a way amounting to an abuse of process, a court recognising its jurisdiction is obliged to exercise it. But as Australia is a federal country, no court is vested with an unrestricted jurisdiction. Therefore, the rules of jurisdiction are used to determine the ambit of those restrictions upon the courts. This idea of restrictions on jurisdiction is well illustrated by

1053-512: A member nation if that member nation asserts its sovereignty and withdraws from the union. The standard treaties and conventions leave the issue of implementation to each nation, i.e. there is no general rule in international law that treaties have direct effect in municipal law , but some nations, by virtue of their membership of supranational bodies, allow the direct incorporation of rights or enact legislation to honor their international commitments. Hence, citizens in those nations can invoke

1170-419: A person. There is no hierarchy when it comes to any of the principles. States must therefore work together to solve issues of who may exercise their jurisdiction when it comes to issues of multiple principles being allowed. The principles are Territorial Principle, Nationality Principle, Passive Personality Principle, Protective Principle, Universality Principle Territorial principle : This principle states that

1287-575: A prejudicial impact upon the State. It is especially used when it comes to matters of national security. Universality principle : This is the broadest of all the principles. The basis is that a State has the right, sometimes even the obligation, to exercise jurisdiction when it comes to the most serious violations of international criminal law; for example genocide , crimes against humanity , extrajudicial executions , war crimes , torture , and forced disappearances . This principle also goes further than

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1404-492: A regional level, groups of nations can create political and legal bodies with sometimes complicated patchworks of overlapping provisions detailing the jurisdictional relationships between the member states and providing for some degree of harmonization between their national legislative and judicial functions, for example, the European Union and African Union both have the potential to become federated nations although

1521-466: A sovereign state could defend from shore. However, Iceland claimed two nautical miles (3.7 km), Norway and Sweden claimed four nautical miles (7.4 km), and Spain claimed six nautical miles (11 km) during this period. During incidents such as nuclear weapons testing and fisheries disputes some nations arbitrarily extended their maritime claims to as much as fifty nautical miles (93 km) or even two hundred nautical miles (370 km). Since

1638-641: A state and citizens of another state, lawsuits involving citizens of different states, and against foreign states and citizens. Certain courts, particularly the United States Supreme Court and most state supreme courts , have discretionary jurisdiction , meaning that they can choose which cases to hear from among all the cases presented on appeal. Such courts generally only choose to hear cases that would settle important and controversial points of law. Though these courts have discretion to deny cases they otherwise could adjudicate, no court has

1755-417: A state's exclusive economic zone is an area beyond and adjacent to the territorial sea, extending seaward to a distance of no more than 200 nmi (370 km) out from its coastal baseline . The exception to this rule occurs when exclusive economic zones would overlap; that is, state coastal baselines are less than 400 nmi (741 km) apart. When an overlap occurs, it is up to the states to delineate

1872-647: A tiny island in the Mediterranean Sea, is the country's southernmost point. Italy shares treaty-defined maritime boundaries with France , Spain , Algeria , Tunisia , Libya , Malta , Greece , Albania , Montenegro , Croatia and Slovenia . Japan has the world's eighth-largest exclusive economic zone, covering 4,479,674 km (1,729,612 sq mi). It claims an EEZ of 200 nautical miles from its shores. Japan has disputes over its EEZ boundaries with all its Asian neighbors (China, Russia, South Korea , and Taiwan ). The above, and relevant maps at

1989-439: A total surface area of 3,269,386 km , and places Mexico among the countries with the largest areas in the world. New Zealand 's EEZ covers 4,083,744 km (1,576,742 sq mi), which is approximately fifteen times the land area of the country. Sources vary significantly on the size of New Zealand's EEZ; for example, a recent government publication gave the area as roughly 4,300,000 km . These figures are for

2106-517: Is created by the states’ constitutions and is further delineated by legislation passed by their respective parliaments. In the Constitution of Queensland 2001 (QLD), it is written at s58(1) that the Supreme Court of the state has all jurisdiction necessary for the administration of justice in Queensland . That is the extent of its jurisdiction. In New South Wales , the courts’ jurisdiction

2223-425: Is limited to certain types of controversies (for example, suits in admiralty or suits where the monetary amount sought is less than a specified sum) is sometimes referred to as a court of special jurisdiction or court of limited jurisdiction . In U.S. federal courts, courts must consider subject matter jurisdiction sua sponte and therefore recognize their own lack of jurisdiction even if neither party has raised

2340-515: Is not exclusive to the Australian federal court system, parties involved in international disputes will already be familiar with that concept. However, the threshold for intra-Australia transfer is notably lower than that pertaining to international transfer . The word "jurisdiction" is also used, especially in informal writing, to refer to a state or political subdivision generally, or to its government, rather than to its legal authority. In

2457-564: Is not mentioned in the constitution. Instead, the state’s legislature is empowered to make laws for the peace, welfare, and good governance of New South Wales. Amongst these laws, it is stated in section 23 of the Supreme Court Act 1970 (NSW) that the Supreme Court shall have all jurisdiction necessary for the administration of justice in NSW. In Victoria , that same power is conferred by section 85(1) of its constitution. In summary,

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2574-592: Is similar to the Nationality Principle, except you are exercising jurisdiction against a foreign national that has committed a criminal act against its own national. The idea is that a State has a duty to protect its nationals and therefore if someone harms their nationals that State has the right to prosecute the accused. Protective principle : This principle allows States to exercise jurisdiction when it comes to foreign nationals for acts committed outside their territory that have or are intended to have

2691-494: Is still popularly, but incorrectly, regarded as coastal nation's territorial waters. Article 76 of the UN convention defines "continental shelf" of coastal countries. A state's continental shelf extends to the outer edge of the continental margin but at least 200 nautical miles (370 km; 230 mi) from the baselines of the territorial sea if the continental margin does not stretch that far. Coastal states can explore and exploit

2808-525: Is useful to determine what questions a court may answer in examining a matter before it. Original jurisdiction permits courts to answer all questions of law and fact when a matter is brought before them for the first time (for practical reasons, courts hearing appeals from administrative bodies will also exercise original jurisdiction, this does not subvert the rule). Appellate jurisdiction is corrective in nature. There, courts examine how lower previous decision-makers answered questions of law, whether an error

2925-615: The European Union member states except Denmark accepted Council Regulation (EC) 44/2001 , which makes major changes to the Brussels Convention and is directly effective in the member nations. Council Regulation (EC) 44/2001 now also applies as between the rest of the EU Member States and Denmark due to an agreement reached between the European Community and Denmark. In some legal areas, at least,

3042-561: The Fernando de Noronha Islands , Saint Peter and Saint Paul Archipelago , and the Trindade and Martim Vaz Islands . Canada is unusual in that its exclusive economic zone, covering 5,599,077 km (2,161,816 sq mi), is slightly smaller than its territorial waters. The latter generally extend only 12 nautical miles from the shore but also include inland marine waters such as Hudson Bay (about 300 nmi (560 km) across),

3159-740: The Food and Agriculture Organization (FAO), provides significant practical mechanisms for the control of EEZs. Transboundary fish stocks are an important concept in this control. Transboundary stocks are fish stocks that range in the EEZs of at least two countries. Straddling stocks , on the other hand, range both within an EEZ as well as in the high seas , outside any EEZ. A stock can be both transboundary and straddling. Algeria on 17 April 2018 established an exclusive economic zone (EEZ) off its coasts by Presidential Decree No. 18-96 of 2 Rajab 1439 corresponding to 20 March 2018. The permanent mission of Spain to

3276-772: The Gulf of Saint Lawrence and the internal waters of the Arctic Archipelago . Chile's EEZ includes areas around the Desventuradas Islands , Easter Island , and the Juan Fernández Islands . In 2020 and 2022, Chile submitted its partial claims to the United Nations Commission on the Limits of the Continental Shelf (CLCS) to extend its maritime continental margin. The first figure excludes all disputed waters, while

3393-612: The Maluku Islands ) and sixty smaller island groups. Ireland's exclusive economic zone was reported to be the location of a Russian military exercise in January 2022. Russia's exercise was then moved outside the economic zone. In 2010, an agreement was signed with Cyprus concerning the limit of territorial waters between Israel and Cyprus at the maritime halfway point, a clarification essential for safeguarding Israel's rights to oil and underwater gas reservoirs. The agreement

3510-456: The Necessary and Proper Clause in areas beyond those specifically conferred on Congress ( Missouri v. Holland , 252 U.S. 416 (1920)). This concerns the relationships both between courts in different jurisdictions , and between courts within the same jurisdiction. The usual legal doctrine under which questions of jurisdiction are decided is termed forum non conveniens . To deal with

3627-590: The Tyrrhenian Sea to the west, the Ionian Sea to the south and the Adriatic Sea to the east. Italy's EEZ is limited by maritime boundaries with neighboring countries to the northwest, east and southeast. Italy's western sea territory stretches from the west coast of Italy on the Tyrrhenian Sea , including the island of Sardinia . The island of Sicily is in the southernmost area. Lampedusa ,

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3744-577: The United Nations Convention on the Law of the Sea (UNCLOS), one of the most ratified treaties . States cannot exercise their jurisdiction in waters beyond the exclusive economic zone, which are known as the high seas . Normally, the baseline is the low-water line along the coast as marked on large-scale charts that the coastal state recognizes. This is either the low-water mark closest to

3861-404: The United States —such subunits will exercise jurisdiction through the court systems as defined by the executives and legislatures. When the jurisdictions of government entities overlap one another—for example between a state and the federation to which it belongs—their jurisdiction is a shared or concurrent jurisdiction. Otherwise, one government entity will have exclusive jurisdiction over

3978-550: The World Trade Organization (WTO) that have socially and economically significant dispute resolution functions but, again, even though their jurisdiction may be invoked to hear the cases, the power to enforce their decisions is at the will of the nations affected, save that the WTO is permitted to allow retaliatory action by successful nations against those nations found to be in breach of international trade law . At

4095-411: The contiguous zone . States also have rights to the seabed of what is called the extended continental shelf up to 350 nmi (648 km) from the coastal baseline, beyond the exclusive economic zones, but such areas are not part of their exclusive economic zones. The legal definition of the continental shelf does not correspond exactly to the geological meaning of the term, as it also includes

4212-460: The continental shelf . The term does not include either the territorial sea or the continental shelf beyond the 200 nautical mile limit. The difference between the territorial sea and the exclusive economic zone is that the first confers full sovereignty over the waters, whereas the second is merely a "sovereign right" which refers to the coastal state's rights below the surface of the sea. The surface waters are international waters . Generally,

4329-769: The federal government and a state, actions by a state against the citizens of another state or foreign country. As a practical example of court jurisdiction, as of 2013 Utah has five types of courts, each for different legal matters and different physical territories. One-hundred-and-eight judges oversee Justice Courts, which handle traffic and parking citations, misdemeanor crimes, and most small claims cases. Seventy-one judges preside over District Courts, which deal with civil cases exceeding small claims limits, probate law, felony criminal cases, divorce and child custody cases, some small claims, and appeals from Justice Courts. Twenty-eight judges handle Juvenile Court, which oversees most people under 18 years old who are accused of

4446-782: The member nations of the EEC signed the Brussels Convention in 1968 and, subject to amendments as new nations joined, it represents the default law for all twenty-seven Member States of what is now termed the European Union on the relationships between the courts in the different countries. In addition, the Lugano Convention (1988) binds the European Union and the European Free Trade Association . In effect from 1 March 2002, all

4563-579: The stannary courts that dealt with disputes involving the tin miners of Cornwall . The original royal charters of the American colonies included broad grants of franchise jurisdiction along with other governmental powers to corporations or individuals, as did the charters for many other colonial companies such as the British East India Company and British South Africa Company . Analogous jurisdiction existed in medieval times on

4680-676: The Algerian measure had been taken unilaterally and without consulting them. On 25 November 2018, the Algerian Ministry of Foreign Affairs sent an oral note in response to the Spanish protest, explaining that the Algerian government does not recognize the largely exorbitant coordinates contained in Royal Decree 236/2013, which overlap with the coordinates of Presidential Decree n° 18–96 establishing an exclusive economic zone off

4797-641: The Baltic Sea area. Greece forms the southernmost part of the Balkan peninsula in the Mediterranean Sea . It includes many small islands which vary between 1,200 and 6,000 in the Aegean Sea and the Ionian Sea . The largest islands are Crete , Euboea , Lesbos , Rhodes and Chios . Greece's EEZ is bordered to the west by Albania and Italy , to the south by Libya and Egypt , and to

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4914-579: The Courts of Appeals, as well as the state supreme courts, by means of writ of certiorari . However, in a special class of cases, the U.S. Supreme Court has the power to exercise original jurisdiction. Under 28 U.S.C.   § 1251 , the Supreme court has original and exclusive jurisdiction over controversies between two or more states, and original (but non-exclusive) jurisdiction over cases involving officials of foreign states, controversies between

5031-733: The District Court in Provo, Utah . If both the minor traffic offense and the felony arrests resulted in guilty verdicts, the traffic conviction could be appealed to the District Court in Provo, while the second-degree felony appeal would be heard by the Appeals Court in Salt Lake City and the first-degree felony appeal would be heard by the Supreme Court. Similarly for civil matters, a small claims case arising in Orem would probably be heard in

5148-849: The EEZ include the Maritime Task Act (Seeaufgabengesetz) from 1965, the Maritime Facilities Act (Seeanlagengesetz) from 2017, and prior to that the Sea Facilities Ordinance (Seeanlagenverordnung) from 1997, the Federal Mining Act (Bundesberggesetz) and the Regional Planning Act (Raumordnungsgesetz). The German EEZ has an area of 32,982 km . About 70% of the EEZ covers Germany's entire North Sea area, while some 29% encompasses

5265-676: The EEZ of New Zealand proper, and do not include the EEZs of other territories in the Realm of New Zealand (the Cook Islands , Niue , Tokelau , and the Ross Dependency ). The exclusive economic zone of North Korea stretches 200 nautical miles from its basepoints in both the West Sea (Yellow Sea) and the Sea of Japan . The EEZ was declared in 1977 after North Korea had contested

5382-475: The European Continent. Over the course of the 19th and 20th centuries, franchise jurisdictions were largely eliminated. Several formerly important franchise courts were not officially abolished until Courts Act of 1971 . Exclusive economic zone An exclusive economic zone ( EEZ ), as prescribed by the 1982 United Nations Convention on the Law of the Sea , is an area of the sea in which

5499-621: The ICJ only nations may be parties in cases before the Court and, under Article 36, the jurisdiction comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force. But, to invoke the jurisdiction in any given case, all the parties have to accept the prospective judgment as binding. This reduces

5616-820: The Orem Justice Court, while a divorce filed by an Orem resident would be heard by the District Court in Provo. The above examples apply only to cases of Utah state law; any case under Federal jurisdiction would be handled by a different court system. All Federal cases arising in Utah are under the jurisdiction of the United States District Court for the District of Utah , headquartered in Salt Lake City, Utah , and would be heard in one of three Federal courthouses. In Australia, unless

5733-483: The Philippines, are also internal waters, but the state must allow innocent passage through them. However, archipelagic states can limit innocent passage to designated sea lanes within these waters. Each island in the archipelago can have its own baseline. Territorial sea is a belt of coastal waters extending at most 12 nautical miles (22 km; 14 mi) from the baseline (usually the mean low-water mark) of

5850-495: The Sea Around Us Project both indicate Japan's claimed boundaries, and do not take into account the claims of adjacent jurisdictions. Japan also refers to various categories of "shipping area" – Smooth Water Area, Coasting Area, Major or Greater Coasting Area, Ocean Going Area – but it is unclear whether these are intended to have any territorial or economic implications. Mexico's exclusive economic zones cover

5967-548: The Spanish embassy in Algiers to show their eligibility in Algeria's exclusive economic zone. Considering the maritime areas claimed, the total area of Argentina reaches 3,849,756 km . The recognized Argentine EEZ area is 1,159,063 km . Australia's exclusive economic zone was declared on 1 August 1994, and extends from 12 to 200 nautical miles from the coastline of Australia and its external territories , except where

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6084-582: The State where the crime has been committed may exercise jurisdiction. This is one of the most straightforward and least controversial of the principles. This is also the only principle that is territorial in nature; all other forms are extraterritorial. Nationality principle (also known as the Active Personality Principle): This principle is based around a person's nationality and allows States to exercise jurisdiction when it comes to their nationality, both within and outside

6201-712: The State's territory. Seeing as the territoriality principle already gives the State the right to exercise jurisdiction, this principle is primarily used as a justification for prosecuting crimes committed abroad by a States nationals. There is a growing trend to allow States to also apply this principle to permanent residents abroad as well (for example: Denmark Criminal Code (2005), sec 7; Finland Criminal Code (2015), sec 6; Iceland Criminal Code (2014), art 5; Latvia Criminal Code (2013), sec 4; Netherlands Criminal Code (2019), art 7; Norway Criminal Code (2005), sec 12; Swedish Criminal Code (1999), sec 2; Lithuania Criminal Code (2015), art 5). Passive Personality Principle : This principle

6318-523: The Subsoil and Sea Bed of the Continental Shelf", and stipulated in its operative clause: the Government of the United States regards the natural resources of the subsoil and sea bed of the continental shelf beneath the high seas but contiguous to the coasts of the United States as appertaining to the United States, subject to its jurisdiction and control. The second proclamation was titled "Policy of

6435-546: The U.S. are a prime example of jurisdictional dilemmas caused by different states under a federal alignment. When parents and children are in different states, there is the possibility of different state court orders over-ruling each other. The U.S. solved this problem by adopting the Uniform Child Custody Jurisdiction and Enforcement Act . The act established criteria for determining which state has primary jurisdiction, which allows courts to defer

6552-659: The US presidential proclamation, the issue of legally determining territorial waters by international agreement was raised, and in its first session in 1949, the International Law Commission of the United Nations added the subject to its agenda. The important issue of the breadth of territorial waters could not be resolved at either the UNCLOS I (1956-1958) or UNCLOS II (1960) conferences, with neither

6669-466: The US. Two conflicts occurred in the Gulf of Sidra where Libya drew a line in excess of 230 nmi (430 km; 260 mi) and claimed the entire enclosed gulf as its territorial waters. The US exercised freedom of navigation rights, resulting in the 1981 and 1989 Gulf of Sidra incidents. The contiguous zone is a band of water extending farther from the outer edge of the territorial sea to up to 24 nautical miles (44.4 km; 27.6 mi) from

6786-485: The United Nations on 27 July 2018 declared its disagreement with the EEZ announced by Algeria and that the government of Spain indicated its willingness to enter into negotiations with the government of Algeria with a view to reaching a mutually acceptable agreement on the outer limits of their respective exclusive economic zones, The same was done by the Italian mission on 28 November 2018. The two countries indicated that

6903-614: The United States With Respect to Coastal Fisheries in Certain Areas of the High Seas", and stated in its operative clause: the Government of the United States regards it as proper to establish conservation zones in those areas of the high seas contiguous to the coasts of the United States wherein fishing activities have been or in the future may be developed and maintained on a substantial scale. Following

7020-424: The United States and customary international law to be a part of the "Supreme Law of the Land" (along with the Constitution itself and acts of Congress passed pursuant to it) (U.S. Const.art. VI Cl. 2) As such, the law of the land is binding on the federal government as well as on state and local governments. According to the Supreme Court of the United States , the treaty power authorizes Congress to legislate under

7137-636: The United States, divide control over certain waters between the federal government and the individual states. (See tidelands .) Maritime controversies involve two dimensions: (a) territorial sovereignty, which are a legacy of history; and (b) relevant jurisdictional rights and interests in maritime boundaries , which are mainly due to differing interpretations of the law of the sea. As of 13 May 2009, 51 submissions by 44 countries have been lodged for claims over their extended continental shelf. Some countries have multiple submissions and joint submissions with other countries. Recommendations have been given for 8 of

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7254-401: The West Sea cannot be determined because of potential overlap and disputes over certain islands. In the Sea of Japan, the North Korean EEZ can be approximated to be trapezoidal -shaped. The border between North Korea and Russia's respective EEZs is the only such border that has been determined in East Asia. Here, the EEZ does not cause many problems, even with regards to South Korea, because

7371-405: The actual maritime boundary . Generally, any point within an overlapping area defaults to the nearest state. The exclusive economic zone stretches much further into sea than the territorial waters , which end at 12 nmi (22 km) from the coastal baseline (if following the rules set out in the United Nations Convention on the Law of the Sea ). Thus, the exclusive economic zones includes

7488-413: The adjacent continental shelf and fishing was first made by the United States government immediately following the Second World War . On 28 September 1945, US President Harry S. Truman issued two proclamations that established government control of natural resources in areas adjacent to the coastline. One of these proclamation was titled "Policy of the United States With Respect to the Natural Resources of

7605-734: The affected coastal nation or other nations wherever that broadcast may originate, whether in the territorial sea, exclusive economic zone, the continental shelf or even on the high seas . Thus a coastal nation has total control over its internal waters, slightly less control over territorial waters, and ostensibly even less control over waters within the contiguous zones. However, it has total control of economic resources within its exclusive economic zone as well as those on or under its continental shelf. Throughout this article, distances measured in nautical miles are exact legal definitions, while those in kilometres are approximate conversions that are not stated in any law or treaty. Federal nations, such as

7722-522: The baseline cover an additional 12,498 km , and EEZ covers 24,482 km for a total of 55,961 km . Cyprus EEZ covers 98,707 square km (38,100 square miles). Cyprus' EEZ borders those of Greece , Turkey , Syria , Lebanon , Israel and Egypt . The Kingdom of Denmark includes the constituent country ( selvstyre ) of Greenland and the constituent country ( hjemmestyre ) of the Faroe Islands . Area: 1,077,231 km Due to its numerous overseas departments and territories scattered on all oceans of

7839-459: The baseline. Inside, a state can exercise limited control to prevent or punish "infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea". The zone is typically 12 nautical miles (22 km; 14 mi) wide. However, it can be wider when a state claims a territorial sea of less than 12 nautical miles, or narrower if it would otherwise overlap with another state's contiguous zone. Unlike

7956-438: The basis of their claim to the UN Commission on the Limits of the Continental Shelf. The Commission then validates or makes recommendations on the scientific basis for the extended continental shelf claim. The scientific judgement of the Commission shall be final and binding. Validated extended continental shelf claims overlapping any demarcation between two or more parties are decided by bilateral or multilateral negotiation, not by

8073-453: The bay must also be no more than 24 nautical miles (44 kilometres; 28 statute miles) in length. Internal waters are landward of the baseline. The coastal state has sovereignty over internal waters, enforce domestic law on vessels in internal waters, including to prohibit innocent passage . Lakes, rivers and bays are considered internal waters. "Archipelagic waters" within the outermost islands of an archipelagic state , such as Indonesia or

8190-463: The benefit of maintaining legal entities with jurisdiction over a wide range of matters of significance to nations (the ICJ should not be confused with the ICC and this version of "universal jurisdiction" is not the same as that enacted in the War Crimes Law (Belgium) , which is an assertion of extraterritorial jurisdiction that will fail to gain implementation in any other state under the standard provisions of public policy ). Under Article 34 Statute of

8307-455: The border is taken as the median point between the states' baselines, unless the states agree otherwise. A state can also choose to claim a smaller territorial sea. Conflicts have occurred when a coastal nation claims an entire gulf as its territorial waters while other nations only recognize the more restrictive definitions of the UNCLOS. Claims that draw the baseline at more than 24 nautical miles (two 12 nm limits) are judged excessive by

8424-530: The coast of Algeria. The Algerian government wished to emphasize that the unilateral delimitation carried out by Spain is not in conformity with the letter of the United Nations Convention on the Law of the Sea and has not taken into consideration the configuration, the specific characteristics, and the special circumstances of the Mediterranean Sea, in particular for the case of the two countries whose coasts are located face to face, as well as

8541-421: The commission. Countries have ten years after ratifying UNCLOS to lodge their submissions to extend their continental shelf beyond 200 nautical miles, or by 13 May 2009 for countries where the convention was ratified before 13 May 1999. As of 1 June 2009, 51 submissions have been lodged with the commission, of which eight have been deliberated by the commission and have had recommendations issued. The eight are (in

8658-472: The continental rise and slope, and the entire seabed within the exclusive economic zone. The idea of allotting nations' EEZs to give them more control of maritime affairs outside territorial limits gained acceptance in the late 20th century. Initially, a country's sovereign territorial waters extended 3 nmi (6 km) (range of cannon shot) beyond the shore. In modern times, a country's sovereign territorial waters extend to 12 nmi (22 km) beyond

8775-494: The depths of the seabed at 2,500 meters. The outer edge of the continental margin for the purposes of this article is defined as: The foot of the continental slope is determined as the point of maximum change in the gradient at its base. The portion of the continental shelf beyond the 200 nautical mile limit is also known as the "extended continental shelf". Countries wishing to delimit their outer continental shelf beyond 200 nautical miles have to submit scientific information for

8892-620: The difference in competence between federal and state courts. Federal courts are the High Court of Australia , the Federal Court of Australia , the Family Court of Australia , and other subsidiaries. Federal courts exercise federal jurisdiction - the judicial powers granted to the federal government by the constitution of Australia. The extent of that jurisdiction is outlined in both the Constitution and legislation enacted by

9009-493: The difficult question of how to co-ordinate their activities with those of national courts. If the two sets of bodies do not have concurrent jurisdiction but, as in the case of the International Criminal Court (ICC), the relationship is expressly based on the principle of complementarity , i.e., the international court is subsidiary or complementary to national courts, the difficulty is avoided. But if

9126-400: The discretion to hear a case that falls outside of its subject matter jurisdiction. It is also necessary to distinguish between original jurisdiction and appellate jurisdiction . A court of original jurisdiction has the power to hear cases as they are first initiated by a plaintiff , while a court of appellate jurisdiction may only hear an action after the court of original jurisdiction (or

9243-650: The east by Cyprus and Turkey . India is currently seeking to extend its EEZ to 350 miles. Indonesia has the 6th largest exclusive economic zone in the world. The total size is 6,159,032 km (2,378,016 sq mi). It claims an EEZ of 200 nautical miles from its shores. This is due to the 13,466 islands of the Indonesian Archipelago . It has the 2nd largest coastline of 54,720 km (34,000 mi). The five main islands are: Sumatra , Java , Borneo , Sulawesi , and Western New Guinea . There are two major island groups ( Nusa Tenggara and

9360-670: The federal parliament. For example, section 73(ii) of the Constitution empowers the High Court to hear appeals from the supreme court of any state, and from other courts exercising federal jurisdiction. Likewise, section 39B(1A)(c) of the Judiciary Act 1903 (Cth) empowers the Federal Court of Australia to hear any matter arising under laws enacted by the federal parliament. Similarly, the jurisdiction of state courts

9477-412: The hearing of a case if an appropriate administrative agency determines so. The primary distinctions between areas of jurisdiction are codified at the federal level. In the United States' common law system, jurisdiction is conceptually divided between jurisdiction over the subject matter of a case and personal jurisdiction over the parties to the case. A court whose subject matter jurisdiction

9594-499: The history of English common law, a jurisdiction could be held as a form of property (or more precisely an incorporeal hereditament ) called a franchise . Traditional franchise jurisdictions of various powers were held by municipal corporations , religious houses , guilds , early universities , the Welsh Marches , and counties palatine . Types of franchise courts included courts baron , courts leet , merchant courts , and

9711-447: The interests of justice, the second court is a more appropriate place to litigate. In assessing the interests of justice in any particular matter, the court will have regard to the interests of the parties. The mere existence of criteria to transfer matters over to different courts nonetheless means that parties have an interest in commencing proceedings in the most convenient jurisdiction to them. The advantage conferred onto first movers

9828-467: The issue of forum shopping , nations are urged to adopt more positive rules on conflict of laws. The Hague Conference and other international bodies have made recommendations on jurisdictional matters, but litigants with the encouragement of lawyers on a contingent fee continue to shop for forums. Under international law there are different principles that are recognized to establish a state's ability to exercise criminal jurisdiction when it comes to

9945-512: The jurisdiction claimed is concurrent or, as in the case of International Criminal Tribunal for the former Yugoslavia (ICTY), the international tribunal is to prevail over national courts, the problems are more difficult to resolve politically. The idea of universal jurisdiction is fundamental to the operation of global organizations such as the United Nations and the International Court of Justice (ICJ), which jointly assert

10062-546: The jurisdiction of local courts to enforce rights granted under international law wherever there is incorporation. If there is no direct effect or legislation, there are two theories to justify the courts incorporating international into municipal law: In the United States, the Supremacy Clause of the United States Constitution makes all treaties that have been ratified under the authority of

10179-414: The jurisdiction of the courts of each state extends (at a basic level) to matters occurring within their state. Meanwhile, the jurisdiction of the Federal Court of Australia is over matters arising under federal law. The jurisdiction of the High Court is to hear appeals from states’ Supreme Courts, the Federal Court, and over matters prescribed in the Constitution of Australia. That approach to jurisdiction

10296-420: The last figure indicates China's claimed boundaries, and does not take into account adjacent powers' claims. Croatia proclaimed Ecological and Fisheries Protection Zone in 2003, but it was not enforced toward other European Union states especially Italy and Slovenia. The zone was upgraded to EEZ in 2021 together with Italy and Slovenia. Territorial waters has 18,981 km , while internal waters located within

10413-460: The late 20th century the "12 mile limit" has become almost universally accepted. The United Kingdom extended its territorial waters from three to twelve nautical miles (5.6 to 22.2 km) in 1987. During the League of Nations Codification Conference in 1930, the issue of establishing international legislation on territorial waters was raised, but no agreement was reached. Claims by legislation to

10530-564: The limits of Australia's EEZ. Australia also claimed, in its submission to the UN Commission on the Limits of the Continental Shelf, additional Continental Shelf past its EEZ from the Australian Antarctic Territory , but these claims were deferred on Australia's request. However, Australia's EEZ from its Antarctic Territory is approximately 2 million square kilometres. Brazil 's EEZ includes areas around

10647-654: The matter. A court whose subject matter is not limited to certain types of controversy is referred to as a court of general jurisdiction . In the U.S. states , each state has courts of general jurisdiction; most states also have some courts of limited jurisdiction. Federal courts (those operated by the federal government ) are all courts of limited jurisdiction. Federal jurisdiction is divided into federal question jurisdiction and diversity jurisdiction . The United States district courts may hear only cases arising under federal law and treaties, cases involving ambassadors, admiralty cases, controversies between states or between

10764-447: The mouths of bays. In this case, a bay is defined as "a well-marked indentation whose penetration is in such proportion to the width of its mouth as to contain land-locked waters and constitute more than a mere curvature of the coast. An indentation is not, however, regarded as a bay unless its area is as large as, or larger than, that of the semi-circle whose diameter is a line drawn across the mouth of that indentation". The baseline across

10881-487: The nature of laws, the power ceded to these bodies cumulatively represents its own jurisdiction. But no matter how powerful each body may appear to be, the extent to which any of their judgments may be enforced, or proposed treaties and conventions may become, or remain, effective within the territorial boundaries of each nation is a political matter under the sovereign control each nation. The fact that international organizations, courts and tribunals have been created raises

10998-535: The needs of society . Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. Extraterritorial jurisdiction is exercised through three principles outlined in the UN charter . These are equality of states, territorial sovereignty and non-intervention. This raises questions of when can many states prescribe or enforce jurisdiction. The Lotus case establishes two key rules to

11115-408: The objective rules and relevant principles of international law to govern the equitable delimitation of the maritime areas between Algeria and Spain, in accordance with article 74 of the United Nations Convention on the Law of the Sea. Algeria expressed its willingness to negotiate for a just solution. On 20 June 2019, a communication from Algeria was sent. It was addressed to the Italian embassy and

11232-472: The order of date of submission): Russian Federation; Brazil; Australia; Ireland; New Zealand; the joint submission by France, Ireland, Spain and the United Kingdom; Norway and Mexico. Articles 77 to 81 define the rights of a country over its continental shelf. A coastal nation has control of all resources on or under its continental shelf, living or not, but no control over any living organisms above

11349-415: The other principles as there is attached to it the obligation to either prosecute the accused or extradite them to a State that will, known as aut dedere aut judicare . At a supranational level, countries have adopted a range of treaty and convention obligations to relate the right of individual litigants to invoke the jurisdiction of national courts and to enforce the judgments obtained. For example,

11466-600: The planet, France possesses the largest EEZ in the world, covering 11,691,000 km (4,514,000 sq mi). The EEZ of France covers approximately 7% of the total surface of all the EEZs of the world, whereas the land area of the French Republic is only 0.45% of the total land area of Earth. Germany declared the establishment of its exclusive economic zone in the North and Baltic Seas on 1 January 1995. The relevant German legal provisions that are applicable within

11583-571: The political barriers to such unification in the face of entrenched nationalism will be very difficult to overcome. Each such group may form transnational institutions with declared legislative or judicial powers. For example, in Europe, the European Court of Justice has been given jurisdiction as the ultimate appellate court to the member states on issues of European law. This jurisdiction is entrenched, and its authority could only be denied by

11700-563: The prescription and enforcement of jurisdiction. The case outlines that jurisdiction is territorial and that a state may not exercise its jurisdiction in the territory of another state unless there is a rule that permits this. On that same note, states enjoy a wide measure of discretion to prescribe jurisdiction over persons, property and acts within their own territory unless there was a rule that prohibits this. Supranational organizations provide mechanisms whereby disputes between nations may be resolved through arbitration or mediation . When

11817-533: The reciprocal enforcement of foreign judgments is now more straightforward. At a national level, the traditional rules still determine jurisdiction over persons who are not domiciled or habitually resident in the European Union or the Lugano area. Many nations are subdivided into states or provinces (i.e. a subnational "state" ). In a federation —as can be found in Australia , Brazil , India , Mexico , and

11934-469: The risk of wasting the Court's time. Despite the safeguards built into the constitutions of most of these organizations, courts and tribunals, the concept of universal jurisdiction is controversial among those nations which prefer unilateral to multilateral solutions through the use of executive or military authority, sometimes described as realpolitik -based diplomacy. Within other international contexts, there are intergovernmental organizations such as

12051-492: The sea is not thought to be rich in resources. Norway has a large exclusive economic zone of 819,620 km around its coast. The country has a fishing zone of 1,878,953 km , including fishing zones around Svalbard and Jan Mayen . In April 2009, the United Nations Commission for the Limits of the Continental Shelf approved Norway's claim to an additional 235,000 square kilometres of continental shelf. The commission found that Norway and Russia both had valid claims over

12168-406: The seabed and the natural resources on or beneath it. However, other states may lay cables and pipelines if authorized by the coastal state. The outer limit of a country's continental shelf cannot stretch beyond 350 nautical miles (650 km; 400 mi) of the baseline or beyond 100 nautical miles (190 km; 120 mi) from the 2,500 metres (8,200 ft) isobath , which is a line connecting

12285-443: The shared area. When jurisdiction is concurrent, one government entity may have supreme jurisdiction over the other entity if their laws conflict. If the executive or legislative powers within the jurisdiction are not restricted, or have only limited restrictions, these government branches have plenary power such as a national policing power . Otherwise, an enabling act grants only limited or enumerated powers. Child custody cases in

12402-488: The shelf that are beyond its exclusive economic zone. This gives it the right to conduct hydrocarbon exploration and drilling works. From the eighteenth century until the mid twentieth century, the territorial waters of the British Empire , the United States, France and many other nations were three nautical miles (5.6 km) wide . Originally, this was the distance of a cannon shot, hence the portion of an ocean that

12519-438: The shore or an unlimited distance from permanently exposed land, provided that some portion of elevations exposed at low tide but covered at high tide (such as mud flats) is within 3 nautical miles (5.6 kilometres; 3 + 1 ⁄ 2 statute miles) of permanently exposed land. Straight baselines can alternatively be defined connecting fringing islands along a coast, across the mouths of rivers, or with certain restrictions across

12636-727: The shore. One of the first assertions of exclusive jurisdiction beyond the traditional territorial seas was made by the United States in the Truman Proclamation of 28 September 1945. However, it was Chile and Peru respectively that first claimed maritime zones of 200 nautical miles with the Presidential Declaration Concerning Continental Shelf signed by Chilean President Gabriel Gonzalez Videla on 23 June 1947 and by Peruvian President Jose Luis Bustamante y Rivero through Presidential Decree No. 781 of 1 August 1947 It

12753-457: The state Constitution, election matters, judicial conduct, and alleged misconduct by lawyers. This example shows how matters arising in the same physical territory might be seen in different courts. A minor traffic infraction originating in Orem, Utah is handled by the Orem Justice Court. However, a second-degree felony arrest and a first-degree felony arrest in Orem would be under the jurisdiction of

12870-498: The submissions. List with date of submission and adoption of recommendation by the Commission on the Limits of the Continental Shelf. List in order of date of submission, with date of submission. Jurisdiction Jurisdiction draws its substance from international law , conflict of laws , constitutional law , and the powers of the executive and legislative branches of government to allocate resources to best serve

12987-549: The surface of the sea that complies with the laws and regulations adopted by the coastal state in accordance with the provisions of the UN Convention, within that portion of its exclusive economic zone beyond its territorial sea. Before the convention, coastal nations arbitrarily extended their territorial waters to attempt to control activities that are now regulated by the exclusive economic zone, such as offshore oil exploration or fishing rights (see Cod Wars ). The EEZ

13104-607: The territorial sea, there is no standard rule for resolving such conflicts and states must negotiate a compromise. The US invoked a contiguous zone out to 24 nmi from the baseline on 29 September 1999. An exclusive economic zone (EEZ) extends from the baseline to almost 200 nautical miles (370.4 km; 230.2 mi) and therefore includes the contiguous zone. A coastal nation has control of all economic resources inside its exclusive economic zone, including fishing, mining, oil exploration, and pollution of those resources. However, it cannot prohibit passage or loitering above, on, or under

13221-501: The two major contenders of a 3-mile or 12-mile limit reaching the required two-thirds support. This lack of agreement had the potential to lead to serious international disputes. It was only at the UNCLOS III (1973-1982) conference, whose provisions did not come into force until 1994, that this issue was resolved at twelve nautical miles. Pirate radio broadcasting from artificial marine fixtures or anchored ships can be controlled by

13338-732: The validity of the Northern Limit Lines (NLL) set up after the Korean War as maritime borders. The EEZ has not been codified in law and North Korea has never specified its coordinates, making it difficult to determine its specific scope. In the West Sea, the EEZ remains unspecified in the Korea Bay because China has not determined its own EEZ in the area. The border between the North Korean and South Korean EEZs in

13455-458: Was made in that process, as well as whether and how that error ought to be rectified. Their job is to correct errors made in answering the said questions - essentially, to correct errors of law. The jurisdiction of Supreme Courts of states and territories may be vested in each other in special circumstances, the federal jurisdiction may also be vested in them. Technicalities aside, the scheme compels courts to transfer matters to another court if, in

13572-488: Was not until 1982 with the UN Convention on the Law of the Sea that the 200 nautical mile exclusive economic zone was formally adopted. The exact extent of exclusive economic zones is a common source of conflicts between states over marine waters. Regions where a permanent ice shelf extends beyond the coastline are also a source of potential dispute. Fisheries management , usually adhering to guidelines set by

13689-595: Was signed in Nicosia by Israeli Infrastructure Minister Uzi Landau and the Cypriot Foreign Minister Markos Kyprianou. The two countries agreed to cooperate in the development of any cross-border resources discovered and to negotiate an agreement on dividing joint resources. Italy has an EEZ of 541,915 km (209,235 sq mi). The country claims an EEZ of 200 nautical miles from its shores, and its three coastlines are

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