The Adjacent Waters Boundaries (Northern Ireland) Order 2002 (SI 2002/791) is a statutory instrument of the United Kingdom government, defining the boundaries of internal waters, territorial sea, and British Fishing Limits adjacent to Northern Ireland. It was introduced in accordance with the Northern Ireland Act 1998, which established the devolved Northern Ireland Assembly.
| Statutory Instrument | |
 | |
| Citation | SI 2002/791 |
|---|---|
| Territorial extent | Northern Ireland |
| Dates | |
| Made | 26 March 2002 |
| Commencement | 30 March 2002 |
| Other legislation | |
| Made under | Northern Ireland Act 1998 |
| Amended by | The Adjacent Waters Boundaries (Northern Ireland) (Amendment) Order 2020 |
Status: Current legislation | |
| Text of the Adjacent Waters Boundaries (Northern Ireland) Order 2002 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
Defining jurisdictions
editThe territorial waters defined come under the jurisdiction of Northern Ireland law, and are also used for defining the area of operation of the Northern Ireland Executive (including the Department of Agriculture, Environment and Rural Affairs) and other Northern Ireland Executive agencies and public bodies.
The territorial waters defined as not being Northern Ireland waters come under the jurisdiction of either Scottish law or English law. Because the order defines the territorial limits of the three separate jurisdictions, it comprises a piece of constitutional law in the constitution of the United Kingdom.
Northern Ireland waters
editNorthern Ireland waters is a colloquial term which can refer to different sea areas, including:
- Internal waters and territorial sea adjacent to Northern Ireland. ("Northern Ireland" as defined in the Northern Ireland Act 1998[1])
- British Fishing Limits adjacent to Northern Ireland. ("The Northern Ireland zone" as defined in the Northern Ireland Act 1998[1])
- The UK continental shelf limits adjacent to Northern Ireland. (Part of the "Northern Ireland offshore marine region" as defined in the Marine and Coastal Access Act 2009[2])
Application
editThe Order defines the maritime border with Ireland.[3]
Political impact
editThe Order was referred to when Ireland made a claim for an area near Scandinavian countries' territorial waters.[4]
See also
editReferences
edit- ^ a b "Northern Ireland Act 1998", legislation.gov.uk, The National Archives, 1998 c. 47
- ^ "Marine and Coastal Access Act 2009", legislation.gov.uk, The National Archives, 2009 c. 23
- ^ Symmons, Clive R. (1 September 2009). "The Maritime Border Areas of Ireland, North and South: An Assessment of Present Jurisdictional Ambiguities and International Precedents Relating to Delimitation of 'Border Bays'". The International Journal of Marine and Coastal Law. 24 (3): 457–500. doi:10.1163/157180809X455584.
- ^ Symmons, Clive R. (24 February 2007). "The Irish Partial Submission to the Commission on the Limits of the Continental Shelf in 2005: A Precedent for Future Such Submissions in the Light of the "Disputed Areas" Procedures of the Commission?". Ocean Development & International Law. 37 (3–4): 299–317. doi:10.1080/00908320600800937. ISSN 0090-8320.