Mirza Mohammad Rifat.: Maritime Zones on the UN Convention on the Law of the Sea.

Maritime Zones on the UN Convention on the Law of the Sea.

Introduction:

The United Nations Convention on the Law of the Sea was adopted on 10 December 1982 and came into force on 16 November 1996. The Convention establishes a comprehensive legal regime covering all aspects of the seas and oceans. These include: universally agreed limits on the territorial sea, contiguous zone and the exclusive economic zone and the continental shelf.

1. Internal Waters

A nation's internal water covers all water and waterways on the landward of the territorial sea baseline from which a nation's territorial waters is defined. It includes waterways such as-

                                          􀂃River Mouths

                                          􀂃Harbour Works, Ports, Roadsteads

                                          􀂃Bays

                                          􀂃Straight baselines

􀂃 Sovereignty of the Coastal State:

1. Integral part of territory of coastal State.
2. No right of over flight.
3. No alien fishing/resource extraction.
4. No right to conduct marine scientific research unless with permission of coastal State.

􀂃 Rights of other state :

1. No right of innocent passage for foreign vessels.
2. Except where straight baselines enclose internal waters previously not considered such and which were used for international navigation.
3. Innocent passage retained under these circumstances.

Note: Internal waters may exist within archipelagic waters in relation to mouths of rivers, bays and ports.

2. Territorial Sea

Territorial Sea is the closest maritime area adjacent to the main territory of a particular state, the territorial sea under the convention extends to 12 nautical miles (22 km) from the baseline (usually the mean low-water mark) of a coastal state. The territorial sea is regarded as the sovereign territory of the state, although foreign ships (both military and civilian) are allowed innocent passage through it.

􀂃 Sovereignty of the Coastal State:

The sovereignty over the territorial sea is exercised subject to this convention and to other rules of international law. So, it is clear that a state has a 4 dimensional jurisdiction and sovereignty over territorial sea. It means that a coastal State has sovereignty on the-

• Surface waters.
• Sea-bed below.
• Sub-soil and,
• Air-space over.

􀂃 Rights of other state :

1. No right of over flight may be temporarily suspended.
2. Non-innocent passage may be prevented.
3. Submarines must transit on the surface and show their flag (Article 20)
4. Warships has right of innocent passage with the prior notification/permission.
5. Continuous and expeditious transit, through territorial waters or internal waters, en route to or from the high seas. Article 19(1) Passage is innocent so long as it is not prejudicial to the peace, good order, or security of the coastal State.

3. Contiguous Zone

The contiguous zone is a band of water extending from the outer edge of the territorial sea to up to 24 nautical miles (44 km) from the baseline, within which a state can exert limited control for the purpose of preventing or punishing "infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea.

According to Prof. Starke contiguous zone is a belt of waters, adjacent to the limits of maritime belts, not subject to the sovereignty of the coastal state but within which the littoral coastal state could exercise certain rights of control for the purpose of health and other regulations.

􀂃 Sovereignty of the Coastal State:

1. Prevent infringement of its customs fiscal, immigration or sanitary laws and regulations within its territory or territorial sea.

2. Punish infringement of the above laws and regulations committed within its territory or territorial sea.

􀂃 Rights of other state :

1. Foreign aircraft have over flight rights.

2. Foreign vessels have full navigational, fishing and marine scientific research rights (so long as they are not infringing customs, fiscal, immigration and sanitation laws).

4. Exclusive Economic Zone

An Exclusive economic zone (EEZ) is a sea zone prescribed by the United Nations Convention on the Law of the Sea over which a state has special rights over the exploration and use of marine resources, including energy production from water and wind. Generally, a state's Exclusive economic zone extends to a distance of 200 nautical miles (370 km) out from its coastal baseline.

􀂃 Sovereignty of the Coastal State:

1. Sovereign Rights for the purpose of exploiting, conserving and managing the natural resources, both living and non-living (Article 56).
2. Article 61 deals with conservation of living resources.
3. Articles 62 deals with the utilisation of living resources.
4. Jurisdiction as provided for in the relevant provisions of the Convention with regard to-

                   􀂃 The establishment and use of artificial islands and installations

                        􀂃 Marine scientific research

                        􀂃 The protection and preservation of the marine environment.

5. Coastal States therefore have considerable sovereign rights and jurisdiction within the EEZ but these rights are not exclusive and are coupled with significant responsibilities.

􀂃 Rights of other state:

1.      All States enjoy the freedoms under Article 87 (High seas freedoms).

2.      Articles 88-115 and other rules of international law to apply to the EEZ

3.      Other States to have due regard to the rights and duties of the coastal State

Note: Must comply with the laws of the coastal State which are in conformity with the Convention.

5. Continental shelf

The continental shelf is an important maritime zone. Definition of the continental shelf will not be simple. The majority of the world’s continental shelf is unknown and unmapped. Basically, the concept of continental shelf stems from geography and oceanography. The continental shelf of a coastal State comprises the seabed and subsoil of the submarine areas that extends to 200 nautical miles for all states, but retains an advantage for the geographically favored.

However, Article 76 (6) provides that the continental shelf shall not exceed 350 nautical miles from territorial base lines.

Jurisdiction of the coastal state:

1. The coastal State has sovereign rights for exploring and exploiting its natural resources.
2. The coastal State can allow and regulate drilling on the continental shelf.

Rights of other state:

1. All States are entitled to establish of submarine cables and pipelines.

2. All States enjoy the freedoms to the water and the air-space of it.

6. The High Sea

High sea is the zone beyond the limits of national jurisdiction. Every state can exercise its freedom in the high sea. Article 2 of the Convention provides that, the high seas are open to all States and no state can exercise sovereignty over any part of the high sea. All the States process freedom over the high seas, on the basis of equality.

Rights over High Seas:

• Freedom of navigation.
• Freedom of fishing.
• Freedom to lay submarine cables and pipelines.
• Freedom to fly over the high seas.
• Freedom of scientific research.
• Freedom to construct artificial islands and other installations permitted under international law.

7. The Area.

The sea bed, ocean-floor and subsoil thereof, beyond the limits of national jurisdiction is specifically called area.

Rights over The Area.

1. The Area and its resources are the common heritage of mankind.
2. Marine scientific research in the Area shall be carried out exclusively for peaceful purposes and for the benefit of mankind.
3. No State shall exercise sovereignty or sovereign rights over any part of the Area or its resources.

                            

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