Introduction

Law of the sea is also known as Maritime law which is that branch of public International Law which
regulates the rights and duties concerning the regulation of states with respect to the sea. It governs
the legal rules regarding ships and shipping. It is one of the principal subjects of international law and
is a mixture of the treaty and established or emerging customary law.

The law of the sea forms the basis of conducting maritime economic activities, the codification of
navigation rules and to protect oceans from abuse of power. It covers rights, freedoms and
obligations in areas such as territorial seas and waters and the high seas, fishing, wrecks and cultural
heritage, protection of the marine environment and dispute settlement.

The genesis of Law of Sea

Grotius also known as the father of modern International law, led to the formulation of maritime law
which is one of the recently developed branches of International Law. During the 17th century, the
doctrine of “freedom-of-the-seas” emerged wherein it was considered that the seas were free to all
nations but belonged to none of them. The Law of the sea has always been in a state of flux,
changing and creating a new regime as per the state’s own will.

There existed certain tension between “the free sea” and “the closed sea” which waned for
centuries, generally with the powerful states arguing that the sea was free to all, and the smaller
States arguing for transnational limitations on what maritime powers could do to navigate the oceans
and exploit their resources.

It was during the 20th century due to vast development in the technology and the commerce
department, many nations began to make jurisdictional claims so that they could protect their
interest and the gradual enlargement of territorial sea initiated the need for the codification of the
law to create uniformity.

Over a series of discussions and conferences, four conventions on the law of seas evolved in 1958,
namely called Geneva convention on the law of sea developed but the conventions failed to address
several issues like the urgent need to regulate the usage of minerals of the deep sea beds and high
sea.

In 1982, the third UN conference adopted the Convention on the Law of the Sea (UNCLOS) consisting
of 320 articles and 9 Annexes, along with 4 resolution. A significant portion of the convention was a
replica of the old Geneva convention however several new factors were also dictated which are as
follows:

 It expanded the scope regarding the matters of the new legal regime of the deep sea bed
and economic zones.

 The territorial sea now extended up to 12 nautical miles limit.

 In cases of dispute, the convention provides compulsory judicial settlement at the request of
one of the parties.

 The convention also describes the formation of an international tribunal of the law of the sea
for helping in settlements of disputes.

 The convention also deals with the regime of archipelagic states, the waters between the
islands are declared archipelagic waters, where ships of all States enjoy the right of innocent
passage.
Major Maritime zones along with the rights and duties provided under the specific zones

Territorial seas

It is that part of the sea which is directly next to the coastline and bounded by the high seas. Article
2 of the Geneva Convention on the Territorial Sea and UNCLOS Article 3 both express that states
exercise sovereignty over this zone subject to the provisions of the respective conventions and other
rules of international law. This was intended to highlight that the limitations upon sovereignty in this
area set out in the Convention are non-exhaustive. The territorial sea forms an undeniable part of
the land territory to which it is bound so that a cession of land will automatically include any band of
territorial waters.

According to UNCLOS, it is believed that every coastal state has Territorial sea. The sovereignty of the
coastal state extends to the seabed and subsoil of the territorial sea and the airspace above it. The
coastal States exercise a wide variety of exclusive power over the territorial sea which depends
largely on the municipal law rather the international system. Coastal states can control the entry of
foreign vessels from trading or fishing activities to preserve it for their own citizens.

a. Width of the Territorial sea

Width of the territorial sea up to which the states can exercise sovereignty has been subjected to a
long line of historical development. Initially, it started with the “cannon-shot” rule wherein it stated
that width requirement in terms of the range of shore-based artillery, however during the
19th century it changed to 3-mile rule by the Scandinavians claimed 4 miles.

The limit to exercise jurisdiction over the territorial sea became clear only after the first world
war, Article 3 of the 1982 Convention, however, notes that all states have the right to establish the
breadth of the territorial sea up to a limit not exceeding 12 nautical miles from the baselines. This is
clearly in line with state practice. For determining the measurement of this range two methods have
been laid down which are as follows:

Low water line

It was the Anglo Norwegian Fisheries case which propounded the principle regarding the
determination of the baseline w.r.t geographical realities. In this case, the method applied by the
Norwegians affected the fishing interest of UK because the straight baseline method applied then
created a chance to cover those parts of the sea which belonged to High sea zone.

The court upheld the straight baseline method applied by Norway due to the peculiar nature of its
coastline. The method that determines the rule regarding the 12 Nautical miles limit depends mainly
on the nature of the state’s geographic position, normally Low water line is preferred however in
cases of countries like Norway straight baseline method can be applied.

b. The Right of Innocent Passage

The right of foreign merchant ships (as distinct from warships) to pass unhindered through the
territorial sea of coast has long been an accepted principle in customary international law, the
sovereignty of the coast state notwithstanding.

UNCLOS in its Article 19 provides for an exhaustive list of activities for which the passage is
considered as innocent, the main factor to keep in mind is peace, good order, or security of the
coastal State. Article 24 prohibits coastal States from hampering the innocent passage of foreign
ships through the territorial sea unless specifically authorized by other Articles of the LOSC.
Discrimination among other states or cargoes is prohibited for the Coastal States, however, when it is
found to be that any foreign Ship has committed any violation of the aforesaid rule of the
convention, the coastal states have the power to forbid entry of such ship or take any measures as
they deem necessary for their security.

Other aspects of the territorial sea are:

 Internal water

As per Article 8 of UNCLOS, internal waters include that part of the sea which does not belong to
either the high seas or the territorial rather covers all the waterways on the landward side of the
baseline. One of the major differences between the Territorial sea and the internal water is that
there exists no right of innocent passage in case of the former.

 Bays

Bays are one of the major complex issues under maritime laws, it may enclose a line which leaves
internal waters on its landward side and provides a baseline for delimiting the territorial sea.

 Islands

The 1958 convention defines Islands consist of a naturally formed area of land, surrounded by water,
which is above water at high tide. These islands are capable of forming continental shelf zone,
Exclusive Economic zone, Contiguous zone, territorial sea zone however if there is no habitat capable
of surviving on an island it may not form EEZ. Where there exists a chain of islands which are less
than 24 miles apart, a continuous band of the territorial sea may be generated.

 Archipelagic states: Group of Islands

The states having above such characteristics has sovereignty over the waters enclosed by the
baselines subject to limitations created by the provisions of this Part of the convention. These
limitations consist of the right of innocent passage for ships of all states, and, unless the archipelagic
state designates sea lanes and air routes, the right of archipelagic sea lanes passage through the
routes normally used for international navigation.

Contiguous zone

It is that part of the sea which is located beyond and adjacent to the territorial waters of the coastal
states. The development of this zone arose due to the need of the state to strengthen its regulation
over the territorial sea.

It extends up to 12 nautical miles from the territorial sea, the object of this zone is only for certain
purposes as provided in the article 24 of the convention like to prevent infringement of customs,
immigration or sanitary laws of the coastal state, or to conserve fishing stocks in a particular area, or
to enable the coastal state to have exclusive or principal rights to the resources of the proclaimed
zone. The formation of this zone is only for special purposes as prescribed in the convention, it does
not provide any air and space rights to the states.

Exclusive Economic Zone (EEZ)

The object for this zone arose due to controversy regarding fishing zones. Due to a lack of regulation
of limit regarding fishing zone, states began to claim the wide depth of region under this zone. In the
case of Tunisia vs Libya, the court regarded that the concept of Exclusive Economic Zone can be
associated as a part of Customary International Law. Article 55 of the UNCLOS describes the
extension of this region from the baseline is up to 200 nautical miles from the breadth of the
territorial sea.

In the case of Coastal states as per article 56 of the convention, these states have sovereign rights
over the Exclusive Economic Zone for the purpose like:

1. Exploiting and exploring, conserving and managing natural resources

2. For the establishment of an artificial island, Marine Scientific research

iii. Other rights as specified in part IV of the convention.

In case of other states, it provides rights and duties of that which can be compared to the high seas
such as freedom of navigation, laying of pipelines and submarine cables, they have to keep in mind
the rights and duties of Coastal states during the exercise of their own power.

Continental Shelf

This zone arose due to the concept of Geography wherein as per 1982 convention, it includes 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. The limit up to which its length extends up to 200 nautical miles.

These three areas, collectively known as the continental margin, are rich in natural resources,
including oil, natural gas and certain minerals.

The coastal states exercise an extensive sovereign-rights over this zone for the purpose of exploiting
its resources. The coastal state may, under article 80 of the 1982 Convention, construct and maintain
installations and other devices necessary for exploration on the continental shelf and is entitled to
establish safety zones around such installations to a limit of 500 metres, which must be respected by
ships of all nationalities.

EEZ and Continental shelf is almost similar in nature however the major point of difference between
the two is that under the 1982 convention a continental shelf can exist without an EEZ but there
cannot be an EEZ without the demarcation of the Continental shelf.

a. Delimitation of the continental shelf

The measurement of the range of this zone has led to several controversies and a long line of legal
custom that has led to the need for the evolution of this concept. In the case of Nicaragua vs
Honduras, the international court has dictated on the importance of the establishment of a maritime
boundary.

The concept of the median line has been used to determine the delimitation of the territorial sea
within the opposite and the adjacent coast. Initially, the issue was taken up in the North Sea
Continental Shelf cases, wherein the Court took the view that delimitation was based upon
consideration and weighing of relevant factors in order to produce an equitable result.

Later, in the case of Libya Vs Malta, the Court emphasised the close relationship between continental
shelf and economic zone delimitations and held that the appropriate methodology was first to
provisionally draw an equidistant line and then to consider whether circumstances existed which
must lead to an adjustment of that line.
High Seas and Deep Ocean Floor

This includes that region of the sea which exists beyond the EEZ and does not form part of the
territorial sea. The essence of this region is that no state acquires any sovereign right over this zone.
As per the Article 87 of the 1982 Convention, high seas are open to all states and that the freedom of
the high seas is exercised under the conditions laid down in the Convention and by other rules of
international law. The jurisdictional right in case of high seas depends upon the nationality of the
ship, and the consequent jurisdiction of the flag state over the ship.

It is for the flag state to determine rules and regulations therefore a ship without a flag will be
excluded from the privilege under this zone. This was also highlighted by the Permanent Court of
International Justice in the Lotus case, where it was held that ‘vessels on the high seas are subject to
no authority except that of the state whose flag they fly.’

Conclusion

Law of the sea is concerned with public order at sea which has been codified in the form of United
Nations Convention on the Law of the Sea and signed on December 10, 1982. It provides rules and
regulations that helps to maintain peace and security over the usage of the sea.

The code provides a set of comprehensive rules which divides the oceanic region into 5 maritime
zones and it has set the limit to 12 nautical miles for the coastal states to exercise their sovereignty
without any conflict. It aims to resolve the dispute amicably with the help of international tribunal
for the law of the sea.