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
Piracy - States can act against any ship suspected of piracy.
Hot Pursuit - Continuous pursuit of any vessel that violates national laws.
Slavery and Drug Trafficking - Vessels can be boarded and actions taken by any state.
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.