Excessive Maritime Claims

Excessive Maritime Claim—argentina in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): On May 20, 2011, the U.S. Embassy in Argentina received a diplomatic note from the Ministry of Foreign Affairs, International Trade, and Worship of the Argentine Republic concerning the transit by two U.S. frigates through the Strait of Magellan on that same day. The government of Argentina conveyed its view that its regulations require three weeks advance notice for innocent passage of foreign warships in Argentine territorial waters. The U.S. Embassy responded by diplomatic note on July 22, 2011, asserting that no prior notice is required under international law. Excerpts from the U.S. diplomatic note follow.

Developments

…[T]he United States takes this opportunity to reiterate its longstanding view that customary international law, as reflected in the United Nations Law of the Sea Convention, does not authorize a coastal state to condition the exercise of the right of innocent passage by any ships, including warships, on the giving of prior notification to or the receipt of prior permission from the coastal state. As a matter of longstanding policy and practice the United States does not provide prior notification for U.S. flag vessels, including warships, exercising the right of innocent passage in a territorial sea.

The policy is likewise maintained with respect to the right of transit passage through straits used for international navigation and when exercising high seas freedoms of navigation and overflight within an exclusive economic zone.

With respect to the navigational regime for the Strait of Magellan, the United States appreciates the view of the Government of Argentina that this matter is regulated by the Boundary Treaty between Argentina and Chile of 1881 and the Peace and Friendship Treaty of 1984 between the same countries. In this regard, the United States understands that this regime is recognized by customary international law, as reflected in Article 35(c) of the Law of the Sea Convention, and that this regime provides for free navigation, including the right of overflight, to be exercised without any requirement of prior notification.

The United States also notes that during a May 19, 2011 meeting between the U.S. Military Group Navy Section Chief and the Argentine Navy's Plans and Political directorate head Rear Admiral Romero, the U.S. side informed Admiral Romero of the frigates' passage through the Straight of Magellan. This and past instances of officials of the U.S. Embassy informing Argentine authorities of the passage of certain U.S. naval vessels were provided in connection with visits to an Argentine port or activities with the Argentine naval forces.

The United States values its relationship with Argentina. The United States maintains the aforementioned policy with regard to freedom of navigation and overflight in the U.S. relations with all countries, including the U.S. close friends and partners. This policy does not, of course, affect notifications made for port visits or cooperative activities between the U.S. military forces.

Excessive Maritime Claim—ecuador in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): On October 29, 2011, the United States Coast Guard conducted a boarding of a Costa Rican-flagged fishing vessel suspected of illicit narcotics trafficking in waters of the eastern Pacific. On November 28, 2011, the Ministry of Foreign Affairs, Commerce and Integration of the Republic of Ecuador sent a note verbale to the U.S. Embassy in Ecuador claiming that boarding the vessel violated international law because it was done within Ecuador's claimed 200 nautical mile territorial sea without prior consent from the government of Ecuador. The United States responded by diplomatic note dated December 9, 2011, stressing that its actions were consistent with customary international law as reflected in the United Nations Convention on the Law of the Sea. The substantive paragraphs of the U.S. response appear below.

Developments

The vessel in question was suspected of engaging in illicit narcotics trafficking and was boarded by the U.S. Coast Guard with the authorization of the flag State, Costa Rica. The boarding of the vessel was undertaken approximately 100 nautical miles north of the Galapagos Islands in the claimed territorial sea of Ecuador.

The United States fully recognizes that the sovereignty of a State extends beyond its land territory and internal waters to its adjacent territorial sea. However, under customary international law as reflected in the United Nations Convention on the Law of the Sea (“the Convention”), a State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles. In areas beyond the 12 nautical mile territorial sea, all States enjoy high seas freedoms of navigation and overflight and other internationally lawful uses of the sea related to these freedoms, consistent with international law as reflected in the Convention.

In this regard, the United States takes this opportunity to reiterate its longstanding protest of the 200 nautical mile territorial sea claim of the Government of Ecuador. This objection has been communicated to the Government of Ecuador on several occasions since 1967. Since that time, the United States has exercised its freedoms of navigation and overflight in those areas of claimed territorial sea that exceed the limits permitted by international law.

The United States has reviewed the position of the Coast Guard vessel in question and concluded that, at the relevant times, the vessel was located beyond 12 nautical miles from Ecuadorian land territory. As stated above, the United States does not recognize Ecuador's territorial sea claim because it exceeds the limits permitted by international law.

Resources

See Also

• Territorial Regimes And Related Issues
• Law Of The Sea
• Boundary Issues
• Freedoms Of Navigation
• Overflight
• Ecuador

Resources

See Also

• Territorial Regimes And Related Issues
• Law Of The Sea
• Boundary Issues
• Freedoms Of Navigation
• Overflight
• Argentina