Latin America/Carib.

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LATIN AMERICAN AND CARIBBEAN STATES

Updated 14 October 2005

Maritime claims: (See table of claims)

Status of the Convention and its implementing Agreements

Overview of developments1992 -2001:
Note: Updates for 2002-2005 are contained in the reports of the Secretary-General on Oceans and the Law of the Sea, section Maritime Space.

Brazil. On 4 January 1993, Brazil enacted a comprehensive law on the marine areas over which it exercises sovereignty or jurisdiction. With regards to the territorial sea, it has reduced its territorial sea claim from 200 nautical miles, established in 1970, to 12 nautical miles. It has further established a 24-nautical-mile contiguous zone and a 200-nautical mile exclusive economic zone. In the territorial sea, foreign ships are entitled to innocent passage subject to the regulations established by the Government of Brazil.

Bahamas. The 1993 Archipelagic Waters and Maritime Jurisdiction Act of the Bahamas, which entered into force on 4 January 1996, covers archipelagic waters, internal waters, the territorial sea, innocent passage and the exclusive economic zone. The Act provides for archipelagic and other baselines, extends the outer limit of the territorial sea from 6 nautical miles to 12 nautical miles and establishes an exclusive economic zone of 200 nautical miles; for the use of the median line where the territorial sea of the Bahamas meets with the territorial sea of another State, pending negotiations; and for the designation of archipelagic sea lanes and the prescription of traffic separation schemes. The Act also includes a definition of the right of innocent passage, along with the empowerment of law enforcement officers to stop, board, search and seize foreign ships when warranted.

Jamaica has enacted the Maritime Areas Act of 1996, which repeals both the Territorial Sea Act and the Jamaica (Alteration of Boundaries) Order in Council of 1948. The Act, which came into effect on 28 November 1996, declares Jamaica an archipelagic State and provides for internal and archipelagic waters, a 12-nautical-mile territorial sea and a continental shelf defined in accordance with the Convention. The Act also establishes a 24-nautical-mile contiguous zone. Jamaica had already declared an exclusive economic zone by Act No. 33 of 31 December 1991. The archipelagic baselines, according to article 6, consist of straight baselines joining the outermost points of the outermost islands and drying reefs of Jamaica according to article 21. The delimitation of the continental shelf with other States shall be effected by agreement on the basis of international law in order to achieve an equitable solution. The Maritime Areas Act provides for the right of archipelagic sea lanes passage and defines the right of innocent passage in archipelagic waters and the territorial sea along with the empowerment of law-enforcement officers to stop, board, search and seize foreign ships when so warranted (see Law of the Sea Bulletin No. 34). The Exclusive Economic Zone Act (Baselines) Regulations of Jamaica, promulgated on 12 October 1992, established charts with geographical coordinates defining the base points to be joined by straight archipelagic baselines around the mainland and the outlying islands of the Pedro and the Morant Cays of Jamaica.

Belize. The Government of Belize has objected to the declaration made by the Government of Guatemala upon ratification of the Convention, stating that it is inconsistent with articles 309 and 310 of the Convention. In particular, Belize contends that the historical rights over Bahía de Amatique claimed by Guatemala in its declaration purport to preclude the application of the definition of bays and the mechanism for the settlement of disputes, as contained in the Convention. Belize further contends that the Guatemalan declaration to the effect that "the territorial sea and maritime zones cannot be delimited until such time as the existing dispute is resolved" purports to make a reservation to, or to exclude or modify, the legal effects of articles 15 and 74 of the Convention.

Panama on 10 February 1998 promulgated the Decree-Law No. 7 "Creating the Maritime Authority of Panama ". The Maritime Authority of Panama, as defined in article 1, is an autonomous public body with legal personality, its own assets and independence concerning internal arrangements. The decree provides, inter alia, that the objectives of the Authority are the implementation of the National Maritime Strategy of Panama; the coordination of its activities with national maritime institutions and authorities, such as the Panama Canal Authority; and functioning as the supreme maritime authority of the Republic of Panama in the exercise of the rights and discharge of the responsibilities of Panama under the Convention. The Decree-Law, which defines in detail the composition, appointment of officials and functions of all institutions, bodies and offices under it and provides how the Authority's assets and finances will be controlled, constitutes a very positive effort to establish a coordinated and integrated approach in dealing with all sectors relating to marine affairs.

Uruguay adopted Act No. 17.033 on 20 November 1998 which provides for the maritime zones of Uruguay, i.e. internal waters, territorial sea, contiguous zone, exclusive economic zone and continental shelf. In general, the law follows the provisions of the Convention concerning the breadth of the zones and the legal regime applicable to them. Nevertheless, article 6 of the Act asserts Uruguay's exclusive right to construct, authorize and regulate the construction, operation and use of artificial islands, installations and structures in its exclusive economic zone "regardless of their nature and characteristics". Also, article 8 provides that the carrying out of military exercises by foreign countries in the exclusive economic zone of Uruguay will be subject to the authorization of the Government of Uruguay. The geographical coordinates of points for the drawing of baselines, listed as annex I to the Act, start at the midpoint of the agreed closing line of the Rio de la Plata that joins Punta del Este (Uruguay) and Punta Rasa del Cabo San Antonio (Argentina). The delineation of the various maritime zones is shown on the two nautical charts which constitute annex II to Act No. 17.033. Both the list of geographical coordinates and the maps were deposited with the Secretary-General of the United Nations on 19 July 1999 (see para. 90).

Honduras adopted the Maritime Areas of Honduras Act, by means of Legislative Decree 172-99, dated 30 October 1999, and enacted its baselines by the Executive Decree No. PCM 007-2000 of 21 March 2000. Certain elements of this legislation of Honduras were protested bilaterally by Guatemala, Nicaragua and El Salvador.

Other issues. The Governments of Antigua and Barbuda, Saint Kitts and Nevis, Saint Lucia and Saint Vincent and the Grenadines have made objections regarding three maritime boundary treaties in the Caribbean Sea relating to the island of Aves between Venezuela, on the one side, and three other countries, on the other; the treaty with the United States of 28 March 1978, which entered into force on 24 November 1980; the treaty with the Netherlands of 31 March 1978, which entered into force on 15 December 1978; and the treaty with France of 17 July 1980, which entered into force on 28 January 1983. The objection to these delimitation treaties is based on the fact that Aves Island has been granted the legal status of an island as provided for in the Convention, and therefore is recognized as having full capacity to generate a maritime jurisdiction. Antigua and Barbuda, Saint Kitts and Nevis, Saint Lucia and Saint Vincent and the Grenadines argue that, as recognized in both customary international law and as reflected in the Convention, rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf. They further recall that, under the Convention, artificial islands and structures which have been erected adjacent to Aves Island are not entitled to a territorial sea and their presence does not affect the delimitation of the territorial sea, the exclusive economic zone or the continental shelf.

Although the treaties concerned were adopted before the negotiation of the Convention was concluded, they were largely based on the concept of a 200-nautical- mile exclusive economic zone (including the definition of islands), created during those negotiations. The protests clearly raise the issue of the interpretation of article 121, paragraph 3, of the Convention as regards the expression "rocks which cannot sustain human habitation or economic life of their own". At the request of Antigua and Barbuda, Saint Kitts and Nevis and Saint Vincent and the Grenadines, their protests have been circulated to the States Parties to the Convention (LOS/SP/1 dated 12 August 1997; LOS/SP/2 of 13 August 1997; and LOS/SP/3 of 9 September 1997).