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13.2.2 National Waters. National waters, which are subject to the sovereignty of a State,include internal waters, territorial seas, and archipelagic waters.13.2.2.1 Internal Waters. A State has sovereignty over its internal waters. 26Internal waters are generally understood to be those waters on the landward side of the baselineof the territorial sea. 27 The coastal baseline must be defined in accordance with specific rules ofinternational law as reflected in the LOS Convention. 2813.2.2.2 Territorial Seas. The sovereignty of a State extends, beyond its landterritory and its internal waters, to a belt of sea adjacent to its coast, described as the territorialsea. 29The United States has claimed a 12-nautical mile territorial sea and recognizes territorialsea claims of other nations up to a maximum breadth of 12 nautical miles. 30 Previously, theThe terms ‘sovereign rights’ and ‘jurisdiction’ are used to denote functional rights over these matters and do notimply sovereignty. A claim of sovereignty in the EEZ would be contradicted by the language of articles 55 and 56and precluded by article 58 and the provisions it incorporates by reference.”); id. at 55 (“Article 77 reiterates that thecoastal State has sovereign rights over the continental shelf for the purpose of exploring it and exploiting its naturalresources. The sovereign rights of the coastal State are balanced with provisions protecting the freedom ofnavigation and the other rights and freedoms of other States from infringement or unjustifiable interference by thecoastal State. Under article 78, rights of the coastal State over the continental shelf do not affect the legal status ofthe superjacent waters or of the airspace above those waters.”).26 Convention on the Territorial Sea and Contiguous Zone, art. 1, Apr. 29, 1958, 516 UNTS 205, 207-08 (“1. Thesovereignty of a State extends, beyond its land territory and its internal waters, to a belt of sea adjacent to its coast,described as the territorial sea. 2. This sovereignty is exercised subject to the provisions of these articles and toother rules of international law.”). Consider LOS CONVENTION art. 2 (“1. The sovereignty of a coastal Stateextends, beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagicwaters, to an adjacent belt of sea, described as the territorial sea. 2. This sovereignty extends to the air space overthe territorial sea as well as to its bed and subsoil. 3. The sovereignty over the territorial sea is exercised subject tothis Convention and to other rules of international law.”).27 Convention on the Territorial Sea and Contiguous Zone, art. 5, Apr. 29, 1958, 516 UNTS 205, 210 (“1.Waters onthe landward side of the baseline of the territorial sea form part of the internal waters of the State.”). Consider LOSCONVENTION art. 8(1) (“Except as provided in Part IV, waters on the landward side of the baseline of the territorialsea form part of the internal waters of the State.”).28 Consider LOS CONVENTION art. 5 (“Except where otherwise provided in this Convention, the normal baseline formeasuring the breadth of the territorial sea is the low-water line along the coast as marked on large-scale chartsofficially recognized by the coastal State.”).29 Convention on the Territorial Sea and Contiguous Zone, art. 1, Apr. 29, 1958, 516 UNTS 205, 207-08 (“1. Thesovereignty of a State extends, beyond its land territory and its internal waters, to a belt of sea adjacent to its coast,described as the territorial sea. 2. This sovereignty is exercised subject to the provisions of these articles and toother rules of international law.”). Consider LOS CONVENTION art. 2 (“1. The sovereignty of a coastal Stateextends, beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagicwaters, to an adjacent belt of sea, described as the territorial sea. 2. This sovereignty extends to the air space overthe territorial sea as well as to its bed and subsoil. 3. The sovereignty over the territorial sea is exercised subject tothis Convention and to other rules of international law.”).30 See Ronald Reagan, Proclamation 5928: Territorial Sea of the United States of America, Dec. 27, 1988, 54FEDERAL REGISTER 777 (Jan. 9, 1989) (“The territorial sea of the United States henceforth extends to 12 nauticalmiles from the baselines of the United States determined in accordance with international law.”). Consider LOSCONVENTION art. 3 (“Every State has the right to establish the breadth of its territorial sea up to a limit notexceeding 12 nautical miles, measured from baselines determined in accordance with this Convention.”).864

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