Topic 2

1.
The concept and essence of the classification of marine zones
The rights of coastal States to regulate and exploit areas of the ocean
under the jurisdiction are one of the foundations of the Law of the Sea
Convention. These rights need to be balanced with the freedom of
navigation and access to resources outside State control – the freedom
of the seas. To demarcate the proverbial rules of the road, the LOSC
permits coastal States to establish several different maritime zones.
These zones give coastal States different jurisdictional rights. In general,
a State has more rights in zones near to its coastline than it does
further into the ocean. The main challenges associated with these
zones are how variations in geography affect where zones end and
where new zones begin. LOSC divides the ocean into six different zones:
a) Internal Waters
b) Territorial Sea
c) Contiguous Zone
d) Exclusive Economic Zone
e) Continental Shelf
f) High Seas & Deep Ocean Floor
2. Freedom of navigation
Freedom of navigation (FON) is a principle of law of the sea that ships

flying the flag of any sovereign state shall not suffer interference from
other states, apart from the exceptions provided for in international
law. In the realm of international law, it has been defined as “freedom
of movement for vessels, freedom to enter ports and to make use of
plant and docks, to load and unload goods and to transport goods and
passengers".
3. Maritime zones with a national legal regime
a) Internal Waters
Internal waters are all the waters that fall landward of the baseline,
such as lakes, rivers, and tidewaters. States have the same sovereign
jurisdiction over internal waters as they do over other territory. There is
no right of innocent passage through internal waters.
b) Territorial Sea
Everything from the baseline to a limit not exceeding twelve miles is

considered the State’s territorial sea. Territorial seas are the most
straightforward zone. Much like internal waters, coastal States have
sovereignty and jurisdiction over the territorial sea. These rights extend
not only on the surface but also to the seabed and subsoil, as well as
vertically to airspace. The vast majority of States have established
territorial seas at the 12 nautical mile limit, but a handful have
established shorter thresholds.
c) Archipilage waters
Archipelagic waters are all waters enclosed within an archipelagic

baselines system connecting the outermost points of outer islands on
an archipelagic State. This is a special maritime zone that can only be
claimed by an archipelagic State. LOSC defines archipelagic waters as
those waters enclosed by archipelagic baselines regardless of their
depth or distance from the coast. An archipelagic State has sovereignty
within archipelagic waters, the air space over them, the seabed, the
subsoil and all resources therein.
4. Maritime zones with a mixed legal regime

a) Exclusive Economic Zones ( EEZ )
Unlike other zones whose existence derived from earlier international
law, the EEZ was a creation of the LOSC. States may claim an EEZ that
extends 200 nautical miles from the baseline. In this zone, a coastal
State has the exclusive right to exploit or conserve any resources found
within the water, on the sea floor, or under the sea floor’s subsoil.
These resources encompass both living resources, such as fish, and
non-living resources, such as oil and natural gas. States also have
exclusive rights to engage in offshore energy generation from the
waves, currents, and wind within their EEZ. Article 56 also allows States
to establish and use artificial islands, installations and structures,
conduct marine scientific research, and protect and preserve the
marine environment through Marine Protected Areas. The EEZ is the
most misunderstood of all the maritime zones by policymakers in States
around the world. Unlike the territorial sea and the contiguous zone,
the EEZ only allows for the previously mentioned resource rights and
the law enforcement capacity to protect those rights. It does not give a
coastal State the right to prohibit or limit freedom of navigation or
overflight, subject to very limited exceptions.
b) Contiguous Zone
States may also establish a contiguous zone from the outer edge of the
territorial seas to a maximum of 24 nautical miles from the baseline.
This zone exists to bolster a State’s law enforcement capacity and
prevent criminals from fleeing the territorial sea. Within the contiguous
zone, a State has the right to both prevent and punish infringement of
fiscal, immigration, sanitary, and customs laws within its territory and
territorial sea. Unlike the territorial sea, the contiguous zone only gives
jurisdiction to a State on the ocean’s surface and floor. It does not
provide air and space rights.
5. Maritime spaces with international legal regime ( High Seas )
High Seas and Deep Ocean Floor
• The ocean surface and the water column beyond the EEZ are
referred to as the high seas in the LOSC. Seabed beyond a coastal
State’s EEZs and Continental Shelf claims is known under the LOSC
as the Area. The LOSC states that the Area is considered “the
common heritage of all mankind” and is beyond any national
jurisdiction. States can conduct activities in the Area so long as
they are for peaceful purposes, such as transit, marine science,
and undersea exploration.
• Resources are a more complicated matter. Living resources, such

as fish, are available for exploitation by any vessel from any State.
Although the LOSC does not impose any limitations on fishing in
the high seas, it encourages regional cooperation to conserve
those resources and ensure their sustainability for future
generations. The U.S. is party to separate conventions and
regional fisheries management organizations that govern
international fishing activity.
6. Maritime spaces with a special legal regime
Archipelagic Waters
Archipelagic states include, among others, Indonesia, the

Philippines, Fiji, etc.
The legal status of archipelagic waters has become particularly
relevant in recent decades because of attempts by archipelagic
states to subjugate to their sovereignty waters that have
traditionally been used as the high seas.
This unilateral action, in violation of international law, was first
undertaken by the Philippines in 1955, which declared that it
considered all waters between the islands of the Philippine
archipelago as internal waters and thus subject to the exclusive
sovereignty of the Philippines. The Philippines were followed in
1957 by Indonesia, whose sovereignty was unilaterally extended to
the vast maritime areas previously used without restriction for
international navigation.
Straits, Canals
Panama Canal, Suez Canal.
7. Legal status and legal regime of the Continental shelf
The continental shelf is a natural seaward extension of a land boundary.

This seaward extension is geologically formed as the seabed slopes
away from the coast, typically consisting of a gradual slope (the
continental shelf proper), followed by a steep slope (the continental
slope), and then a more gradual slope leading to the deep seabed floor.
These three areas, collectively known as the continental margin, are
rich in natural resources, including oil, natural gas and certain minerals.
The LOSC allows a State to conduct economic activities for a distance of
200 nautical miles from the baseline, or the continental margin where it
extends beyond 200 nautical miles. There are two methods to
determine the extent of a continental margin under the LOSC. The first
method is by measuring geological features using what is called the
Gardiner formula. By measuring the thickness of sedimentary rocks, the
edge of the shelf is drawn where sedimentary rocks become less than 1
percent of the thickness of the soil. The second method is to use fixed
distances in what is called the Hedberg formula. This method allows
States to draw its boundary 60 miles from the foot of the shelf’s slope.
This expanded continental shelf cannot, however, exceed 350 miles
from the baseline or 100 miles from the 2,500-meter isobaths.

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1.

The concept and essence of the classification of marine zones

Freedom of navigation (FON) is a principle of law of the sea that ships

Everything from the baseline to a limit not exceeding twelve miles is

Archipelagic waters are all waters enclosed within an archipelagic

4. Maritime zones with a mixed legal regime

High Seas and Deep Ocean Floor

• Resources are a more complicated matter. Living resources, such

6. Maritime spaces with a special legal regime

Archipelagic states include, among others, Indonesia, the

Panama Canal, Suez Canal.

7. Legal status and legal regime of the Continental shelf

The continental shelf is a natural seaward extension of a land boundary.

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