23 July 2014: Territorial Application in respect of Aruba with:
Declaration
“A. Declaration in respect of article 287 of the Convention.
The Kingdom of the Netherlands hereby declares that, having regard to Article 287 of the Convention, it accepts the jurisdiction of the International Court of Justice in the settlement of disputes concerning the interpretation and application of the Convention with States Parties to the Convention which have likewise accepted the said jurisdiction.
Objections
B. Objections
The Kingdom of the Netherlands objects to any declaration or statement excluding or modifying the legal effect of the provisions of the United Nations Convention on the Law of the Sea.
This is particularly the case with regard to the following matters:
I. Innocent passage in the territorial sea
The Convention permits innocent passage in the territorial sea for all ships, including foreign warships, nuclear-powered ships and ships carrying nuclear or hazardous waste, without any prior consent or notification, and with due observance of special precautionary measures established for such ships by international agreements.
II. Exclusive economic zone
1. Passage through the Exclusive Economic Zone
Nothing in the Convention restricts the freedom of navigation of nuclear-powered ships or ships carrying nuclear or hazardous waste in the Exclusive Economic Zone, provided such navigation is in accordance with the applicable rules of international law. In particular, the Convention does not authorize the coastal state to make the navigation of such ships in the EEZ dependent on prior consent or notification.
2. Military exercises in the Exclusive Economic Zone
The Convention does not authorize the coastal state to prohibit military exercises in its EEZ. The rights of the coastal state in its EEZ are listed in article 56 of the Convention, and no such authority is given to the coastal state. In the EEZ all states enjoy the freedoms of navigation and overflight, subject to the relevant provisions of the Convention.
3. Installations in the Exclusive Economic Zone
The coastal state enjoys the right to authorize, operate and use installations and structures in the EEZ for economic purposes. Jurisdiction over the establishment and use of installations and structures is limited to the rules contained in article 56, paragraph 1, and is subject to the obligations contained in article 56, paragraph 2, article 58 and article 60 of the Convention.
4. Residual rights
The coastal state does not enjoy residual rights in the EEZ. The rights of the coastal state in its EEZ are listed in article 56 of the Convention, and can not be extended unilaterally.
III. Passage through straits
Routes and sealanes through straits shall be established in accordance with the rules provided for in the Convention. Considerations with respect to domestic security and public order shall not affect navigation in straits used for international navigation. The application of other international instruments to straits is subject to the relevant articles of the Convention.
IV. Archipelagic States
The application of Part IV of the Convention is limited to a state constituted wholly by one or more archipelagos, and may include other islands. Claims to archipelagic status in contravention of article 46 are not acceptable.
The status of archipelagic state, and the rights and obligations deriving from each status, can only be invoked under the conditions of part IV of the Convention.
V. Fisheries
The Convention confers no jurisdiction on the coastal state with respect to the exploitation, conservation and management of living marine resources other than sedentary species beyond the Exclusive Economic Zone.
The Kingdom of the Netherlands considers that the conservation and management of straddling fish stocks and highly migratory species should, in accordance with articles 63 [and] 64 of the Convention, take place on the basis of international cooperation in appropriate subregional and regional organizations.
VI. Underwater cultural heritage
Jurisdiction over objects of an archaeological and historical nature found at sea is limited to articles 149 and 303 of the Convention.
The Kingdom of the Netherlands does however consider that there may be a need to further develop, in international cooperation, the international law on the protection of underwater cultural heritage.
VII. Baselines and delimitation
A claim that the drawing of baselines of the delimitation of maritime zones is in accordance with the Convention will only be acceptable if such lines and zones have been established in accordance with the Convention.
VIII. National legislation
As a general rule of international law, as stated in articles 27 and 46 of the Vienna Convention on the law of Treaties, states may not rely on national legislation as a justification for a failure to implement the Convention.
IX. Territorial claims
Ratification by the Kingdom of the Netherlands does not imply recognition or acceptance of any territorial claim made by a State Party to the Convention.
X. Article 301
Article 301 must be interpreted, in accordance with the Charter of the United Nations, as applying to the territory and the territorial sea of a coastal state.
XI. General declaration
The Kingdom of the Netherlands reserves its right to make further declarations relative to the Convention and to the Agreement, in response to future declarations and statements.”
Territorial application to the Netherlands Antilles on February 13, 2009.
Declaration made on February 13, 2009 upon application of the Convention to the Netherlands Antilles:
"The Kingdom of the Netherlands hereby declares that, having regard to Article 287 of the Convention, it accepts the jurisdiction of the International Court of Justice in the settlement of disputes concerning the interpretation and application of the Convention with States Parties to the Convention which have likewise accepted the said jurisdiction."
Objections made on February 13, 2009 upon application of the Convention to the Netherlands Antilles:
"The Kingdom of the Netherlands objects to any declaration or statement excluding or modifying the legal effect of the provisions of the United Nations Convention on the Law of the Sea.
This is particularly the case with regard to the following matters:
I. Innocent passage in the territorial sea: The Convention permits innocent passage in the territorial sea for all ships, including foreign warships, nuclear-powered ships and ships carrying nuclear or hazardous waste, without any prior consent or notification, and with due observance of special precautionary measures established for such ships by international agreements.
II. Exclusive economic zone:
1. Passage through the Exclusive Economic Zone: Nothing in the Convention restricts the freedom of navigation of nuclear-powered ships or ships carrying nuclear or hazardous waste in the Exclusive Economic Zone, provided such navigation is in accordance with the applicable rules of international law. In particular, the Convention does not authorize the coastal state to make the navigation of such ships in the EEZ dependent on prior consent or notification.
2. Military exercises in the Exclusive Economic Zone: The Convention does not authorize the coastal state to prohibit military exercises in its EEZ. The rights of the coastal state in its EEZ are listed in article 56 of the Convention, and no such authority is given to the coastal state. In the EEZ all states enjoy the freedoms of navigation and overflight, subject to the relevant provisions of the Convention.
3. Installations in the Exclusive Economic Zone: The coastal state enjoys the right to authorize, operate and use installations and structures in the EEZ for economic purposes. Jurisdiction over the establishment and use of installations and structures is limited to the rules contained in article 56, paragraph 1, and is subject to the obligations contained in article 56, paragraph 2, article 58 and article 60 of the Convention.
4. Residual rights: The coastal state does not enjoy residual rights in the EEZ. The rights of the coastal state in its EEZ are listed in article 56 of the Convention, and ca not be extended unilaterally.
III. Passage through straits: Routes and sea lanes through straits shall be established in accordance with the rules provided for in the Convention. Considerations with respect to domestic security and public order shall not affect navigation in straits used for international navigation. The application of other international instruments to straits is subject to the relevant articles of the Convention.
IV. Archipelagic States: The application of Part IV of the Convention is limited to a state constituted wholly by one or more archipelagos, and may include other islands. Claims to archipelagic status in contravention of article 46 are not acceptable.
The status of archipelagic state, and the rights and obligations deriving from each status, can only be invoked under the conditions of part IV of the Convention.
V. Fisheries: The Convention confers no jurisdiction on the coastal state with respect to the exploitation, conservation and management of living marine resources other than sedentary species beyond the Exclusive Economic Zone.
The Kingdom of the Netherlands considers that the conservation and management of straddling fish stocks and highly migratory species should, in accordance with articles 63 [and] 64 of the Convention, take place on the basis of international cooperation in appropriate subregional and regional organizations.
VI. Underwater cultural heritage: Jurisdiction over objects of an archaeological and historical nature found at sea is limited to articles 149 and 303 of the Convention.
The Kingdom of the Netherlands does however consider that there may be a need to further develop, in international cooperation, the international law on the protection of underwater cultural heritage.
VII. Baselines and delimitation: A claim that the drawing of baselines of the delimitation of maritime zones is in accordance with the Convention will only be acceptable if such lines and zones have been established in accordance with the Convention.
VIII. National legislation: As a general rule of international law, as stated in articles 27 and 46 of the Vienna Convention on the law of Treaties, states may not rely on national legislation as a justification for a failure to implement the Convention.
IX. Territorial claims: Ratification by the Kingdom of the Netherlands does not imply recognition or acceptance of any territorial claim made by a State Party to the Convention.
X. Article 301: Article 301 must be interpreted, in accordance with the Charter of the United Nations, as applying to the territory and the territorial sea of a coastal state.
XI. General declaration: The Kingdom of the Netherlands reserves its right to make further declarations relative to the Convention and to the Agreement, in response to future declarations and statements."
Declaration made upon accession:
"Extent [This] instrument of accession [..] extend[s] to:
The United Kingdom of Great Britain and Northern Ireland, The Bailiwick of Jersey, The Bailiwick of Guernsey, The Isle of Man, Anguilla, Bermuda, British Antarctic Territory, British Indian Ocean Territory, British Virgin Islands, The Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, Henderson, Ducie and Oeno Islands, St.Helena and Dependencies, South Georgia and South Sandwich Islands and Turks and Caicos Islands."