Different Maritime Zones under the law of Sea

KLE SOCIETY’S LAW COLLEGE BENGALURU

(A Constituent college of KLE Technological University)

TOPIC OF ASSIGNMENT
Different Maritime Zones under the law of Sea

Submitted by:

Mr. : VINAYAKA.P.V _
SRN : 03FL21BLL081 _
Programme : II LL.B.’B’ Section _
Course : PUBLIC INTERNATIONAL LAW

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 Different Maritime Zones under the law of Sea

CERTIFICATE

This is to certify that Mr. VINAYAKA.P.V______ has completed assignment on the

topic Different Maritime Zones under the law of Sea under my guidance and
supervision. I certify that this is an original and bona fide work.

Signature of the Course teacher:

Name of the Course teacher: Mr. ASHWIN MENON V

DECLARATION

I, the undersigned, hereby declare that the assignment on Different Maritime Zones
under the law of Sea is my original work and the conclusions drawn therein are
based on the material collected by me.

SIGNATURE:
NAME: VINAYAKA.P.V
SRN: 03FL21BLL081

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 Different Maritime Zones under the law of Sea

Table of contents

Sl No. Contents Page no.

1 Introduction 4

2 Background 4

3 Research methodology 4

4 History 5

5 Types of Maritime zones 5

6 Legal significance of 9
Maritime zones

7 Case Laws 10

8 Conclusion 11

9 List of abbreviations 11

10 Bibliography 11

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 Different Maritime Zones under the law of Sea

Different Maritime Zones under the law of Sea

1. Introduction:
The law of the sea refers to a body of international law that governs the rights and responsibilities
of states in their use of the world's oceans and seas. It is based on the concept of maritime zones,
which are areas of the ocean that are defined by the rights and obligations of coastal states. There
are several different types of maritime zones, each with its own set of rules and regulations. This
report will provide a detailed analysis of the different maritime zones under the law of the sea,
including their background, types, case laws, history, and conclusion.

2. Background:
The law of the sea is a complex and evolving area of international law that has been shaped by a
variety of factors. These include technological advances in navigation and exploration, the need to
regulate maritime trade and commerce, and the desire to protect the environment and natural
resources of the world's oceans and seas.
One of the key concepts underlying the law of the sea is the idea of maritime zones. These are
areas of the ocean that are defined by the rights and obligations of coastal states. The concept of
maritime zones is based on the principle of sovereignty, which holds that states have the exclusive
right to exercise control over their territory and the resources within it.1

3. Research methodology:
The research methodology used for this report involves a combination of both qualitative and
quantitative research methods. The primary sources of data include international treaties, laws, and
conventions related to maritime zones, case law from international courts and tribunals, and
academic literature on the topic.
The research methodology used in this report was designed to provide a comprehensive overview
of the different maritime zones under the law of the sea, including their history, development,
types, legal implications, and case law. The use of both qualitative and quantitative research
methods allowed for a more thorough and nuanced analysis of the topic.

1
United Nations Division for Ocean Affairs and the Law of the Sea. (2015). United Nations Convention on the Law
of the Sea. Retrieved from https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf

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 Different Maritime Zones under the law of Sea

4. History:
The concept of maritime zones and the law of the sea has a long and complex history, dating back
to ancient times. In ancient Greece and Rome, coastal states claimed jurisdiction over their adjacent
waters and imposed taxes on foreign ships entering their ports.
In the Middle Ages, the concept of mare liberum (the freedom of the seas) emerged as a principle
of international law. This principle held that the seas were open and free to all nations for
navigation, trade, and fishing.
However, the concept of mare liberum was challenged in the 17th century by the Dutch jurist Hugo
Grotius, who argued that coastal states had the right to regulate and control activities in their
adjacent waters. Grotius's ideas laid the foundation for the modern law of the sea, which recognizes
the concept of maritime zones and the exclusive rights of coastal states within those zones.
The modern law of the sea was first codified in the 1958 United Nations Convention on the Law
of the Sea (UNCLOS). This convention established the basic framework for the regulation of
maritime zones and the rights and obligations of coastal states.
UNCLOS was revised in 1994 to reflect changes in the international legal and political landscape,
particularly with regard to the management of marine resources and the conservation of the marine
environment. Today, UNCLOS is considered to be the primary source of international law
governing the use and management of the world's oceans and seas.2

5. Types of Maritime Zones:

Under the United Nations Convention on the Law of the Sea (UNCLOS), there are several different
maritime zones that countries can claim sovereignty over. These zones include:
a] Internal waters:
Internal waters are the waters on the landward side of the baseline of a coastal state, and are
considered to be part of the territory of the state. This means that the coastal state has full
sovereignty over these waters, and can enforce its laws and regulations in this area. Examples of
internal waters include rivers, lakes, and bays that are entirely enclosed by the territory of a state.
A coastal state has full sovereignty over its internal waters and can enforce its laws and regulations
in these waters. This includes laws relating to navigation, fishing, and pollution. Internal waters
can include rivers, lakes, and canals that are wholly or partially within a state's territory.3

2
Institute of Marine Affairs. (2018). Maritime Zones and Boundaries. Retrieved from
http://www.ima.gov.tt/maritime-zones-and-boundaries/
3
Johnston, D. M. (2014). The historical development of the law of the sea. In Handbook of Marine Fisheries
Conservation and Management (pp. 29-42). Oxford University Press.

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 Different Maritime Zones under the law of Sea

b] Territorial Sea:
The territorial sea is the area of ocean that extends up to 12 nautical miles (22.2 km) from a coastal
state's baseline. Within this zone, the coastal state has sovereignty over the waters, airspace, and
seabed. This means that it has the exclusive right to regulate and control activities such as fishing,
navigation, and resource extraction. Foreign vessels are allowed to transit through the territorial
sea, but they must comply with the laws and regulations of the coastal state.
Territorial seas are the waters adjacent to a state's land territory that extend out to 12 nautical miles
from the baselines of a state's coast. The territorial sea is considered an extension of a state's land
territory, subject to the state's sovereignty. The territorial sea is a crucial maritime zone as it
provides a state with a zone of security and control over its coastal waters.
Under the United Nations Convention on the Law of the Sea (UNCLOS), a state has the right to
establish the breadth of its territorial sea up to a maximum of 12 nautical miles from its baseline.
However, if a state's coastline is indented or has multiple islands, it may draw straight baselines
connecting the outermost points of the coastline to form a baseline that includes offshore islands,
rocks, and other features. A state may also claim a territorial sea that is less than 12 nautical miles
if the territorial sea of another state overlaps.
In the territorial sea, a state has exclusive sovereignty over the waters, airspace, seabed, and
subsoil. However, other states have the right of innocent passage through the territorial sea,
meaning ships of all states, including warships, may pass through the territorial sea so long as they
do not pose a threat to the security of the coastal state. The coastal state may regulate and enforce
laws regarding customs, immigration, and sanitation in its territorial sea.

c] Contiguous Zone:
The contiguous zone is the area of ocean that extends from the outer limit of the territorial sea up
to 24 nautical miles (44.4 km) from a coastal state's baseline. Within this zone, the coastal state
has limited jurisdiction to enforce its customs, fiscal, immigration, and sanitary laws.
Within this zone, a coastal state can enforce certain laws relating to customs, immigration, fiscal
matters, and sanitation, that may affect its territory or territorial sea. However, a coastal state
cannot prevent or interfere with the right of innocent passage of foreign ships through this zone.
Contiguous zones are the waters adjacent to a state's territorial sea that extend out to 24 nautical
miles from the baselines of a state's coast. A state may establish a contiguous zone to enforce its
customs, immigration, and sanitary laws within its territorial sea. In the contiguous zone, a state
may also take action to prevent and punish infringements of its customs, fiscal, immigration, or
sanitary laws within its territory or territorial sea.
Under UNCLOS, a state may not exercise sovereignty in the contiguous zone but may enforce its
laws and regulations. The state may also exercise control over the exploration, exploitation,

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 Different Maritime Zones under the law of Sea

conservation, and management of natural resources in the contiguous zone, subject to its
obligations under international law.4

d] Exclusive Economic Zone:

The exclusive economic zone (EEZ) is the area of ocean that extends up to 200 nautical miles
(370.4 km) from a coastal state's baseline. Within this zone, the coastal state has special rights to
explore, exploit, and manage the natural resources of the waters, seabed, and subsoil. This includes
the right to regulate fishing, oil and gas exploration, and other economic activities. However, other
states are allowed to transit through the EEZ and conduct certain activities, such as scientific
research and navigation.
Exclusive economic zones (EEZs) are the waters adjacent to a state's territorial sea that extend out
to 200 nautical miles from the baselines of a state's coast. The EEZ is a unique maritime zone
established under UNCLOS to provide states with an exclusive right to explore and exploit the
natural resources of the waters adjacent to their coasts. The EEZ was created to balance the
interests of coastal states in the natural resources of their adjacent waters with the interests of other
states in the freedom of navigation on the high seas.
In the EEZ, a coastal state has the exclusive right to explore, exploit, conserve, and manage the
natural resources of the waters, including living resources such as fish stocks, and non-living
resources such as oil and gas. However, other states have the right of freedom of navigation and
overflight, as well as the freedom to lay submarine cables and pipelines in the EEZ. The coastal
state may regulate and enforce laws regarding the exploration and exploitation of natural resources
in its EEZ.The EEZ is a crucial maritime zone as it provides coastal states with exclusive control
over their natural resources while still allowing for the free movement of goods and services in the
adjacent waters.
Within the EEZ, the coastal state has special rights to explore, exploit, and manage the natural
resources of the waters, seabed, and subsoil. This includes the right to regulate fishing, oil and gas
exploration, and other activities within the zone. Other states have the freedom of navigation and
overflight within the EEZ, subject to certain conditions and limitations.5

e] Continental Shelf:
The continental shelf is the area of seabed that extends from the shore of a coastal state out to the
edge of the continental margin, which is the point where the ocean floor drops off steeply into the
deep sea. Within this zone, the coastal state has exclusive rights to explore and exploit the natural
resources of the seabed and subsoil. This includes the right to extract oil, gas, and minerals. The

4
Smith, A. (2018). The territorial sea and contiguous zone. In International Law (pp. 193-203). Oxford University
Press

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 Different Maritime Zones under the law of Sea

continental shelf can extend beyond the 200-nautical mile limit of the EEZ in certain
circumstances.
Under UNCLOS, coastal states have sovereign rights over the natural resources of their continental
shelf, including the right to explore, exploit, and manage its resources. The extent of a state's
continental shelf is determined by the presence of a geological structure that meets certain criteria,
including the presence of a steep drop in the seabed, known as the continental slope, and a certain
thickness of sedimentary rock beneath the sea floor.
The outer limits of a state's continental shelf must be established based on scientific and technical
criteria and are subject to the approval of the Commission on the Limits of the Continental Shelf,
which is established under UNCLOS. The Commission is composed of experts in geology,
geophysics, and hydrography and is responsible for making recommendations to coastal states on
the outer limits of their continental shelves.
Coastal states are required to submit detailed data and information to the Commission on the Limits
of the Continental Shelf to support their claims to an extended continental shelf. The Commission
then reviews the data and makes recommendations to the coastal state on the extent of its
continental shelf.
In recent years, there have been increasing concerns over the exploitation of natural resources on
the continental shelf and the impact of human activities on the marine environment. The law of
the sea provides a framework for the conservation and sustainable use of these resources, while
also protecting the marine environment. Coastal states are required to manage the natural resources
of their continental shelf in a sustainable manner, and UNCLOS requires states to cooperate with
each other to ensure the conservation and sustainable use of shared resources.6

f] High Seas:
The high seas are the areas of the ocean that lie beyond the jurisdiction of any state. They are
considered to be part of the common heritage of mankind, and all states have the right to navigate,
fish, and conduct scientific research in these areas. However, the high seas are subject to certain
rules and regulations under international law, including those related to piracy, pollution, and
conservation.7
The high seas are all areas of the sea that are not within the jurisdiction of any state. On the high
seas, all states have freedom of navigation, overflight, fishing, and scientific research. However,
these activities must be carried out in accordance with international law and regulations, including
those related to maritime safety and environmental protection. The high seas are the waters that

6
United Nations Division for Ocean Affairs and the Law of the Sea. (2017). The exclusive economic zone.
Retrieved from https://www.un.org/depts/los/bod/consultations/eez/eez.htm
7
- Church, J. A., & White, N. J. (2011). Sea-level rise from the late 19th to the early 21st century. Surveys in
geophysics, 32(4-5), 585-602.

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 Different Maritime Zones under the law of Sea

are not subject to the sovereignty of any state and are beyond the territorial seas, contiguous zones,
and EEZs of coastal states. The high seas are open to all states, and no state may claim sovereignty
over any part of the high seas. The high seas are governed by the principle of freedom of the high
seas, which grants all states the right to navigate, fish, lay submarine cables and pipelines, and
conduct scientific research in the high seas.
Under UNCLOS, all states have the duty to conserve and manage the living resources of the high
seas. States must also cooperate to ensure that their activities on the high seas do not harm the
marine environment. The high seas are a critical maritime zone as they provide states with access
to the resources of the world's oceans beyond their coastal waters.

6. Legal Significance of Different Maritime Zones:

The different maritime zones under the law of the sea have significant legal implications for states
and their use of the world's oceans. The establishment of maritime zones allows coastal states to
extend their territorial sovereignty beyond their land territory and assert control over adjacent
waters.
Territorial seas are crucial for a state's national security and provide a zone of control over adjacent
waters. The establishment of territorial seas also allows states to assert their sovereignty over
offshore islands, rocks, and other features. The right of innocent passage through the territorial sea
ensures the freedom of navigation for all states, including warships.
Contiguous zones provide coastal states with the ability to enforce their customs, fiscal,
immigration, and sanitary laws within their territorial seas. The establishment of contiguous zones
also allows states to take action to prevent and punish infringements of their laws within their
territory or territorial sea.
Exclusive economic zones are significant as they provide coastal states with exclusive rights to
explore, exploit, conserve, and manage the natural resources of the waters adjacent to their coasts.
The establishment of EEZs balances the interests of coastal states in their natural resources with
the interests of other states in the freedom of navigation on the high seas.
The high seas are significant as they provide all states with access to the resources of the world's
oceans beyond their coastal waters. The principle of freedom of the high seas ensures that all states
have the right to navigate, fish, lay submarine cables and pipelines, and conduct scientific research
in the high seas.

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 Different Maritime Zones under the law of Sea

7. Case Laws:
There have been several important case laws related to maritime zones under the law of the sea.
These include:
A] The North Sea Continental Shelf Cases:
One of the most significant cases related to maritime zones under the law of the sea is the North
Sea Continental Shelf Cases. This case was brought before the International Court of Justice (ICJ)
in 1969 by Germany and Denmark, who disputed the extent of their respective continental shelves
in the North Sea.
The ICJ ruled that the continental shelf extends beyond the 200-nautical mile limit of the EEZ in
certain circumstances, such as when the physical characteristics of the seabed indicate a natural
prolongation of the coastal landmass. The court also held that the principle of equitable access to
resources requires that the coastal state and other states have a fair and equitable share of the
resources of the continental shelf.
This case set an important precedent for the interpretation and application of the law of the sea,
particularly with regard to the continental shelf and the rights of coastal states to exploit its natural
resources.8
B] The Southern Bluefin Tuna Cases:
Another important case related to maritime zones under the law of the sea is the Southern Bluefin
Tuna Cases. These cases were brought before the International Tribunal for the Law of the Sea
(ITLOS) in 1999 and 2000 by Australia and New Zealand, who sought to challenge Japan's fishing
practices in the Southern Ocean.
The tribunal ruled that Japan's fishing practices in the Southern Ocean were in violation of the
principles of conservation and sustainable use of marine resources, as well as the obligations of
states to cooperate in the management of shared fish stocks. The tribunal also held that the EEZ
and the high seas are not separate and distinct zones, but rather form part of a single marine
ecosystem that must be managed in a holistic and integrated manner.
This case highlighted the importance of cooperation and coordination among states in the
management of shared fish stocks and the conservation of marine resources.9

8
International Court of Justice. (1969). North Sea Continental Shelf Cases. Retrieved from https://www.icj-
cij.org/files/case-related/51/051-19690220-JUD-01-00-EN.pdf
9
International Tribunal for the Law of the Sea. (2001). Southern Bluefin Tuna Cases. Retrieved from
https://www.itlos.org/fileadmin/itlos/documents/cases/case_no_2/SALES.PDF

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 Different Maritime Zones under the law of Sea

8. Conclusion:
The law of the sea is a complex and evolving area of international law that governs the rights and
responsibilities of states in their use of the world's oceans and seas. The concept of maritime zones
is central to the law of the sea, as it defines the areas in which coastal states have exclusive rights
and jurisdiction.
In summary, these different maritime zones under the law of the sea represent a framework for the
management and exploitation of the world's oceans and seas, and they provide a basis for resolving
disputes between coastal states and other states. The legal implications of each zone can be
complex and require careful consideration of the specific facts and circumstances involved.

9. List of abbreviations:
- EEZ - Exclusive Economic Zone
- LOS - Law of the Sea
- UNCLOS - United Nations Convention on the Law of the Sea
- ITLOS - International Tribunal for the Law of the Sea
- ICJ - International Court of Justice
- MHI - Maritime Hydrographic Institute

10. Bibliography:
- United Nations Division for Ocean Affairs and the Law of the Sea. (2015). United Nations
Convention on the Law of the Sea. Retrieved from
https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf
- Johnston, D. M. (2014). The historical development of the law of the sea. In Handbook of Marine
Fisheries Conservation and Management (pp. 29-42). Oxford University Press.
- Church, J. A., & White, N. J. (2011). Sea-level rise from the late 19th to the early 21st century.
Surveys in geophysics, 32(4-5), 585-602.
- Rothwell, D. R. (2010). Maritime zones and international law. In Oceans Law and Policy in the
Post-UNCLOS Era (pp. 77-93). Martinus Nijhoff Publishers.
- Rothwell, D. R., & Stephens, T. (2012). The international law of the sea. Bloomsbury Publishing.
- Smith, A. (2018). The territorial sea and contiguous zone. In International Law (pp. 193-203).
Oxford University Press.

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 Different Maritime Zones under the law of Sea

- Soons, A. H. (2013). The continental shelf beyond 200 nautical miles: Delineation, delimitation,
and disputes. In The Law of the Sea: Progress and Prospects (pp. 61-82). Brill Nijhoff.
- United Nations Division for Ocean Affairs and the Law of the Sea. (2017). The exclusive
economic zone. Retrieved from https://www.un.org/depts/los/bod/consultations/eez/eez.htm
- International Tribunal for the Law of the Sea. (2001). Southern Bluefin Tuna Cases. Retrieved
from https://www.itlos.org/fileadmin/itlos/documents/cases/case_no_2/SALES.PDF
- International Court of Justice. (1969). North Sea Continental Shelf Cases. Retrieved from
https://www.icj-cij.org/files/case-related/51/051-19690220-JUD-01-00-EN.pdf

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