Florida Laws: International Waters And Their Legal Boundaries

Many people believe that once a vessel enters international waters, it is no longer subject to any laws. However, this is a common misconception. International waters, or the high seas, are governed by several laws and agreements, including the United Nations Convention on the Law of the Sea (UNCLOS). Legal jurisdiction on the high seas is divided into several areas, including territorial waters, contiguous zone waters, and international waters. In territorial waters, which extend up to 12 miles from a country's coast, the laws of that country apply to any vessel within that distance. In contiguous zone waters, which extend from 12 to 24 miles off the coast, a country has limited jurisdiction and can extend its laws to vessels suspected of illegal activities such as drug smuggling. Beyond 24 miles from the coast, a vessel is considered to be in international waters, where the laws of the country in which the ship is registered are applicable.

The Maritime Drug Law Enforcement Act (MDLEA)

The MDLEA has been amended several times since its enactment to clarify and expand its jurisdiction. In 1996, a small provision was added to address jurisdiction and extraterritoriality. In 2008, the act was amended to include submersible and semi-submersible vessels without nationality within US jurisdiction. This amendment defined a semi-submersible vessel as any watercraft capable of operating with most of its hull and bulk under the water's surface, while a submersible vessel was defined as a craft able to operate completely below the surface. These changes were made to keep pace with the evolving methods of drug traffickers, who were using such vessels to evade detection and escape liability.

The MDLEA has been the subject of several controversial cases, including United States v. Suerte, which analysed the constitutionality of the act, its relationship with international law, and its extraterritorial scope. The case involved a non-US citizen who captained a foreign-registered ship owned by a drug trafficking ring and was charged with smuggling drugs into Europe. Despite never setting foot in the United States and having no direct connection to the country, he was charged and convicted under the MDLEA.

Another notable case is United States v. Carvajal, which involved the prosecution of individuals operating exclusively within a foreign country and the seizure of vessels in foreign territorial waters. The case highlighted the controversial analysis of the MDLEA's statutory language and the question of whether a nexus to the United States is required for its extraterritorial application. The courts of appeals are divided on this issue, with some arguing that applying the MDLEA to defendants with no connection to the United States may be inconsistent with the normal judicial system and deprive offenders of due process.

The MDLEA continues to be a subject of debate and has faced scrutiny for its broad reach and potential deprivation of due process for foreign offenders. There have been recommendations for amendments to the act's statutory language to clarify and limit its jurisdiction to individuals 'on board' a vessel.

Territorial waters

The exact boundaries of territorial waters are determined by the United Nations Convention on the Law of the Sea (UNCLOS), which is one of the most ratified treaties. UNCLOS divides legal jurisdiction on the high seas into several areas.

The contiguous zone is an extension of limited jurisdiction, allowing a nation to exert control over vessels travelling within this zone. The US Coast Guard, for example, can board any ship suspected of smuggling drugs or weapons within its contiguous zone.

The exclusive economic zone (EEZ) is a zone in which a nation has control of all economic resources, including fishing, mining, and oil exploration. The EEZ extends from the baseline of the territorial sea to almost 200 nautical miles.

The internal waters of a nation are landward of the baseline. The nation has sovereignty over these waters and can enforce domestic law on vessels within them, including prohibiting innocent passage. Lakes, rivers, and bays are considered internal waters.

The territorial sea is a belt of coastal waters extending up to 12 nautical miles from the baseline of a coastal state. Foreign ships are allowed innocent passage through the territorial sea, or transit passage through straits. This sovereignty also extends to the airspace above and the seabed below.

The contiguous zone, as mentioned, extends up to 24 nautical miles from the baseline. Within this zone, 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".

In summary, territorial waters are an important aspect of a nation's sovereignty and jurisdiction, allowing it to enforce its laws and protect its interests in the seas adjacent to its coastline.

Contiguous Zone Waters

The contiguous zone waters are a band of water extending up to 24 nautical miles from the baseline of a coastal state and are considered an extension of limited jurisdiction. This means that a nation's laws can be applied to vessels within this zone. For example, the US Coast Guard can board any ship on suspicion of drug or weapons smuggling, regardless of its country of registration.

The contiguous zone is an area where a coastal state can exercise a limited degree of control to prevent or punish the infringement of specific laws within its territory or territorial sea. These laws typically include customs, fiscal, immigration, and sanitary regulations. In the case of the US, the contiguous zone extends from 12 to 24 nautical miles offshore, as proclaimed by President Clinton in 1999.

The contiguous zone is distinct from territorial waters, which extend up to 12 nautical miles from the baseline and are subject to the complete sovereignty of the nation. Foreign ships are allowed innocent passage through territorial waters, but the coastal state has the authority to prohibit innocent passage in its internal waters, such as rivers, lakes, and bays.

The contiguous zone is also different from the exclusive economic zone (EEZ), which extends up to 200 nautical miles from the baseline. In the EEZ, a coastal nation has control over economic resources such as fishing, mining, and oil exploration, but it cannot prohibit passage or loitering that complies with the laws and regulations adopted by the coastal state.

The contiguous zone is an important tool for coastal states to maintain control and security in the waters adjacent to their territory. It allows them to extend their jurisdiction beyond the territorial sea and address specific issues, such as drug smuggling, while also respecting the freedom of navigation for foreign vessels.

International Waters laws

International waters, or the high seas, are not governed by any single nation's laws. Instead, they fall under the jurisdiction of the flag state of any ships navigating them. In the case of criminal acts, such as piracy, any nation can exert jurisdiction under the doctrine of universal jurisdiction.

The term "international waters" is not defined in international law and is instead an informal synonym for "high seas". The high seas make up 50% of the Earth's surface and over two-thirds of the ocean. The Convention on the High Seas, signed in 1958, defined the high seas as "all parts of the sea that are not included in the territorial sea or in the internal waters of a State", where "no State may validly purport to subject any part of them to its sovereignty".

The United Nations Convention on the Law of the Sea (UNCLOS), signed in 1982, recognised exclusive economic zones (EEZ) extending 200 nautical miles from the baseline of a coastal state's waters. Within an EEZ, a state has sovereign rights to the water column, seafloor, and natural resources, but cannot prevent vessels from other countries from passing through.

While no single nation has legal jurisdiction over international waters, there are several international agreements in place that extend laws to these waters. These include the UNCLOS, which prescribes how offences are handled and which nation's laws would apply. Additionally, many nations have "Special Maritime and Territorial Jurisdiction" clauses, which allow them to exert jurisdiction in certain situations, such as when a citizen of that country commits a crime and attempts to flee on a foreign-registered ship.

In the context of Florida, while U.S. laws do not generally apply in international waters, there are exceptions. For example, the Maritime Drug Law Enforcement Act (MDLEA) allows U.S. authorities to take jurisdiction over vessels suspected of drug smuggling, even in international waters. This act has been used in cases such as United States v. Estrada, where federal prosecutors in Florida charged individuals with drug smuggling after a large quantity of cocaine was discovered on a fishing boat with no apparent nationality.

Maritime piracy laws

It is a common misconception that once a vessel enters international waters, it is free from any kind of law enforcement. This is untrue, and there are several laws that govern international waters, including maritime piracy laws. These laws are prescribed by the United Nations Convention on the Law of the Sea (UNCLOS).

Legal jurisdiction on the high seas is divided into several areas, including Territorial Waters, Contiguous Zone Waters, and International Waters. Territorial Waters are an extension of a nation's laws that can extend up to 12 miles from the coast. In this zone, all the laws of that country apply. The Contiguous Zone Waters extend a nation's jurisdiction up to 24 miles from the coast. For example, the U.S. Coast Guard can board any ship on suspicion of drug or weapon smuggling within this zone.

Once a vessel is more than 24 miles off the coast, it is considered to be in international waters, and the laws of the country where the ship is registered and the flag it is flying apply. For instance, if you are on a cruise ship registered in the Bahamas, Bahamian laws apply.

Piracy is defined as "any robbery or other violent action, for private ends and without authorization by public authority, committed on the seas or in the air outside the normal jurisdiction of any state." Pirates have been defined as "hostis humani generis", which translates to "the enemy of all mankind". Piracy threatens the freedom of navigation and the legitimate use of the seas for peaceful purposes.

The UNCLOS defines different types of piracy and ways to combat it in Articles 100 to 110. Article 101 (Definition of Piracy) states that piracy includes:

> a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:

> i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;

> ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;

> b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;

> c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).

Piracy has occurred throughout history, with the ancient Mediterranean, the Middle Ages, and the Renaissance being particularly notable for acts of piracy. The "golden age" of piracy occurred in the Caribbean and off the American colonies in the century after 1650, with legendary figures such as Sir Henry Morgan, Blackbeard, and William Kidd.

Piracy continues to be a concern in modern times, with an upsurge of attacks off the coast of Africa, particularly Somalia, in the late 2000s. These incidents have prompted a re-examination of international jurisdiction issues and the necessity of deploying armed forces against pirates and their bases.

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