INT LAW-II law of the sea -3 other maritime zones

International Law-II

Law of the Sea-2

Maritime Zones Overview

  • High Seas: Areas of the ocean that are not under the jurisdiction of any nation.

  • Archipelagic Waters: Surrounded by islands, where specific rights and navigation rules apply.

  • Baseline: The line from which the breadth of the territorial sea is measured.

  • Internal Waters: Waters located on the land side of the baseline, including bays and rivers.

  • Territorial Sea: Up to 12 nautical miles from the baseline where the state has sovereignty.

  • Contiguous Zone: Extends 24 nautical miles from the baseline, where a state can ensure laws are followed.

  • Exclusive Economic Zone (EEZ): Up to 200 nautical miles from the baseline, where a state has rights to explore and exploit marine resources.

  • Continental Shelf: The submerged land that extends from the coast, where states may also extract resources.

Types of Maritime Areas

Areas Under Sovereignty

  • Countries have full control over areas they claim, such as internal waters and the territorial sea.

Areas with Certain Sovereign Rights

  • Coastal states possess specific rights in zones such as the contiguous zone, fisheries zone, continental shelf, and EEZ.

Details of Sovereign Rights

1. Contiguous Zone

  • Extends 24 nautical miles from the territorial sea.

  • Allows states to prevent law infringements related to customs, fiscal regulations, immigration, and sanitation laws in their territory.

  • States can declare a contiguous zone for archaeological protection.

2. Fisheries Zone

  • Beyond territorial waters, states have exclusive rights over fishing resources.

  • Historically established a 12-mile fishing zone, now fallen to the EEZ framework introduced by the 1982 Law of the Sea Convention (LOSC).

3. Continental Shelf

  • Technological advancements have expanded understanding and claims over seabed resources.

  • Truman Declaration (1945) recognized U.S. rights over natural resources on the continental shelf, setting precedents.

  • Confirmed as customary law by the ICJ in the North Sea Continental Shelf Cases (1969).

  • Legal definitions established via 1958 Geneva Convention and 1982 LOSC.

Extent and Rights Over Continental Shelf

Extent of Rights

  • Coastal states automatically possess continental shelf rights without needing declaration.

  • Legal definitions set by 1958 CSC and 1982 LOSC criteria.

  • Possible extensions of shelf rights to 350 nautical miles under certain conditions.

Rights of Coastal States

  • Coastal states have exclusive rights for exploration and exploitation of seabed resources.

  • Includes construction of platforms for resource extraction.

  • Rights extend to safety zones up to 500 meters.

Rights and Responsibilities of Other States

  • Other states can continue navigation, scientific research, and laying of cables but must respect the coastal state's laws.

Exclusive Economic Zone (EEZ)

  • Extends a maximum of 200 nautical miles, allowing for exploitation and conservation of natural resources.

  • Established as a customary rule and confirmed by ICJ rulings.

Rights of Coastal States in EEZ

  • Sovereign rights to explore and exploit seabed resources, including energy production.

  • Jurisdiction over artificial islands, marine scientific research, and environmental protection.

Rights and Duties of Other States in EEZ

  • All states have freedoms of navigation, overflight, and laying cables but must respect coastal state's regulations.

Delimitations and Legal Parameters

Principles for Delimitation

  • States must agree on TS and CS delimitation, with median line principles for opposite states.

  • Art. 83 and 74 of LOSC stress equitable solutions without rigid adherence to equidistance principles.

State Practice

  • Unique cases dictate delimitation processes, with equidistance often applied between adjacent states.

High Seas

  • Defined as parts of the sea not included within territorial seas or internal waters.

  • Freedom of use for all nations, affirming principles of peaceful purposes and prohibition of sovereignty claims.

Freedoms of the High Seas Includes:

  • Navigation, overflight, laying submarine cables, fishing, constructing islands, and conducting research.

Nationality of Ships

  • Flag States hold jurisdiction; they are responsible for vessel registration and issuance of nationality.

  • Ships must maintain a genuine link to their flag state.

Exceptions to Flag State’s Jurisdiction

  1. Piracy - States can act against any ship suspected of piracy.

  2. Hot Pursuit - Continuous pursuit of any vessel that violates national laws.

  3. Slavery and Drug Trafficking - Vessels can be boarded and actions taken by any state.

  4. Unauthorized Broadcasting - States can enforce laws against illegal transmissions.

International Sea Bed Area

Legal Status

  • No state can claim sovereign rights; seabed resources belong to mankind as a whole.

  • Managed by the International Sea Bed Authority headquartered in Jamaica.

Agreements

  • Part XI of the 1982 LOSC and 1994 Agreement govern exploitation and use of deep seabed resources.