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• determining the legal boundaries of airspace above those waters; 17• determining whether waters are neutral waters; 18• determining the authority that a belligerent State has with respect to neutral vessels in anarea; 19 or• determining the authority that a neutral State has with respect to belligerent vessels in anarea. 20Waters are often divided analytically between national waters (i.e., internal waters,territorial seas, and archipelagic waters), which are subject to the sovereignty of a State, andinternational waters, which are not subject to the sovereignty of any State. 21 In addition, specialrules apply to international straits and archipelagic sea lanes. 2213.2.1 Territory – Notes on Terminology. In some cases, the word “territory” is used todescribe the land, waters, and airspace subject to the sovereignty of a State. 23 In other cases, theword “territory” is used to describe only the land that is subject to the sovereignty of a State. 24Thus, in describing waters that are not subject to the sovereignty of a State (e.g., theexclusive economic zone and continental shelf, and high seas), the word “territory” should not beused. Coastal States may exercise limited “sovereign rights” over specific functional areas in theexclusive economic zone and on the continental shelf, but these rights do not imply sovereigntyover these areas. 2517 Refer to § 14.2 (Legal Boundaries of Airspace).18 Refer to § 15.7.1 (Waters That Are Considered Neutral).19 Refer to, e.g., § 13.11.3.5 (Restrictions on Where Naval Mines May Be Placed); § 13.10.2.5 (Limitations on theScope of the Blockade).20 Refer to, e.g., § 15.8 (Passage of Belligerent Vessels and Aircraft Through International Straits and ArchipelagicSea Lanes).21 Refer to § 13.2.2 (National Waters); § 13.2.3 (International Waters).22 Refer to § 15.8 (Passage of Belligerent Vessels and Aircraft Through International Straits and Archipelagic SeaLanes).23 See, e.g., The Ann, 1 F. Cas. 926, 926-27 (C.C.D. Mass. 1812) (Story, J.) (“As the Ann arrived off Newburyport,and within three miles of the shore, it is clear that she was within the acknowledged jurisdiction of the United States.All the writers upon public law agree that every nation has exclusive jurisdiction to the distance of a cannon shot, ormarine league, over the waters adjacent to its shores, and this doctrine has been recognized by the supreme court ofthe United States. Indeed such waters are considered as a part of the territory of the sovereign.”) (internal citationsomitted).24 See, e.g., 1955 NWIP 10-2 421 (“According to established international law, each State has exclusive legalcontrol (jurisdiction) in the air space above its territory, internal waters, and territorial sea.”).25 See Commentary—The 1982 United Nations Convention on the Law of the Sea and the Agreement onImplementation of Part XI, 24, MESSAGE FROM THE PRESIDENT TRANSMITTING LOS CONVENTION (“Article 56enumerates the rights of the coastal State in the EEZ. Article 56(1)(a) establishes the sovereign rights of the coastalState. Article 56(1)(b) sets forth the nature and scope of coastal State jurisdiction with respect to specific matters.863

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