This document provides an overview of the key concepts and principles of the law of the sea as established in the United Nations Convention on the Law of the Sea (UNCLOS). It discusses the rights and obligations of coastal and other states in different maritime zones, including the territorial sea, contiguous zone, exclusive economic zone, continental shelf, and international straits. It also examines concepts such as baselines, islands, and archipelagic states, and summarizes the historical development of the law of the sea from early thinkers to the four 1958 conventions and the 1982 UNCLOS.
This document provides an overview of the key concepts and principles of the law of the sea as established in the United Nations Convention on the Law of the Sea (UNCLOS). It discusses the rights and obligations of coastal and other states in different maritime zones, including the territorial sea, contiguous zone, exclusive economic zone, continental shelf, and international straits. It also examines concepts such as baselines, islands, and archipelagic states, and summarizes the historical development of the law of the sea from early thinkers to the four 1958 conventions and the 1982 UNCLOS.
This document provides an overview of the key concepts and principles of the law of the sea as established in the United Nations Convention on the Law of the Sea (UNCLOS). It discusses the rights and obligations of coastal and other states in different maritime zones, including the territorial sea, contiguous zone, exclusive economic zone, continental shelf, and international straits. It also examines concepts such as baselines, islands, and archipelagic states, and summarizes the historical development of the law of the sea from early thinkers to the four 1958 conventions and the 1982 UNCLOS.
This document provides an overview of the key concepts and principles of the law of the sea as established in the United Nations Convention on the Law of the Sea (UNCLOS). It discusses the rights and obligations of coastal and other states in different maritime zones, including the territorial sea, contiguous zone, exclusive economic zone, continental shelf, and international straits. It also examines concepts such as baselines, islands, and archipelagic states, and summarizes the historical development of the law of the sea from early thinkers to the four 1958 conventions and the 1982 UNCLOS.
Download as PPTX, PDF, TXT or read online from Scribd
Download as pptx, pdf, or txt
You are on page 1of 22
Law of the Sea
Dr. Shashi Bhushan Ojha and
Prof (Dr.) C. J. Rawandale Introduction • Oceans are very important part of human life. • Around 44% of the global population resides within 150 km of the coast • Oceans are important from the perspective of transportation and natural resources (oil, food, other minerals etc.) • Eight out of ten major cities are located in coastal areas (e.g. New York, Tokyo, Sao Paulo, Mumbai, Kolkata etc.) • Its multifarious uses has led to development of legal rules Introduction • “Land dominates the sea”- the most fundamental principle of the law of the sea. Therefore the more farther we move away from land, the lesser the rights become. • Treaty of Tordesillas between Spain and Portugal • Hugo Grotius and the concept of Open Seas • Scholars from UK opposed the concept of Freedom of Seas • Bynkershoek carved out the middle path that coastal states may declare certain part of the oceans to be territorial sea and rest as high seas. • Territorial sea can be appropriated whereas High Sea shall be res communis. • The width of the territorial sea was decided by the capability of the coastal state to dominate the sea by means of military power i.e. canon ball rule. • With increasing military capability of the states, the width of the territorial sea was increased to 12 miles Introduction • This trend led to more and more asserting claims over the seas in the form of contiguous zone (fishery zone) and continental shelf. • A series of conferences have been held, which led to the four 1958 Conventions on the Law of the Sea which included 1) convention on high seas; 2) convention on territorial sea and contiguous zone; 3) convention on fishing and conservation of living resources and 4) convention on continental shelf. • Because of several unanswered questions, pressure from third world second and third conference on the LoS was held • The third UN Conference on the LoS (1974-82) culminated in UNCLOS. • Due to pressure from third world countries concept of EEZ was adopted. • The idea behind EEZ was to prevent the technologically developed countries from deep sea mining freely. Developed countries were interested in free exploitation of the resources and navigation rights through seas. Land-locked countries were also interested to protect their interest in the sea • The 1982 UNCLOS was signed by more than 160 countries and it became enforceable in 1994. • It contains 320 Articles and 9 Annexures • It codified customary rules as well as established new rules. • Three important aspect of the LoS are: a) deciding the baseline; b) delimitation ; and c) rights and duties of the states in the delimited areas. • Delimited areas include: a) territorial sea; b) contiguous zone; c) exclusive economic zone; d) continental shelf; and e) high sea • Internal Water- harbour, lakes and rivers are found on landward side of the baseline are part of the territory of the state. • It fall under complete sovereignty of the state with an exception i.e. straight baseline rule and immunity to warship rule. • In internal water, the flag state has concurrent jurisdiction. (R vs Anderson) • Sometimes express agreement between states are also important. Baseline • Width of the all the delimited areas are calculated from baseline • It is low-water mark (land exposed during Low Tide) of the coastal state. • Normally baseline follows the direction of the coast. Exception is straight baseline rule • It is part of customary law. Art. 5 of the UNCLOS • The low-water line should be partially or wholly within the territorial sea of the state measured from the mainland. • Art. 13 (2) of the UNCLOS- Where a low-tide elevation is wholly situated at a distance exceeding the breadth of the territorial sea from the mainland or an island, it has no territorial sea of its own. • When a low-tide elevation (LTE) is situated in the overlapping area of the territorial sea of two states, both are in principle entitled to use this as part of the relevant low-water line in measuring their respective territorial sea (Qatar vs Bahrain) • But there are special rules for special areas. For e.g. Gulfs, Bays, fringe island • Anglo-Norwegian Fisheries Case- straight baseline; customary rule; importance of protest; complex geographical feature, economic importance • Qatar vs Bahrain case however clarified that the Fisheries Rule is an exception. It may be not be used the archipelagic states too. It may only be applied if a number of conditions are met. • Where the result of the straight baseline method is to enclose as internal waters areas previously regarded as part of the territorial sea or high seas, a right of innocent passage shall be deemed to exist in such waters by virtue of article 8(2) of the UNCLOS • For Bays, Art. 10 (5) of UNCLOS provides- Where the distance between the low- water marks of the natural entrance points of a bay exceeds 24 nautical miles, a straight baseline of 24 nautical miles shall be drawn within the bay in such a manner as to enclose the maximum area of water that is possible with a line of that length. Does not apply to historic bays- treated as internal water by state. • El Salvador/Honduras case- Gulfs are historic bays but this was defined in terms of the particular historical situation of that Gulf. • In pluri-state bay, historical circumstances are taken into account. It might be subject to coownership. Island • Land surrounded by water; above the sea level even during high tide. • They can generate delimited areas. • In case of chain of islands, which are less than 24 miles apart, a continuous band of territorial sea may be generated. (Eriteria/Yemen case) • Article 121(3) of the 1982 Convention provides that ‘rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf’ • Archipelagic states- consists of number of islands. Art. 46 of UNCLOS • For such states, Art. 47 provides for drawing straight baseline provided certain conditions are met. • In archipelagic waters, state has sovereignty (Art. 49) subject to agreement, traditional fishing rights etc. Right to innocent passage exists. • Width of Territorial Sea- currently it is 12 nautical miles. Art. 3 • Territorial sea is subject to territorial sovereignty of the state. It includes sea, air above and land below. • Restriction on sovereignty- Right to innocent passage. Art. 17 • Innocent Passage= Innocent+ Passage (Art. 19) • It includes temporary stoppage incidental to shipping or caused by force majeure; publicising the dangers to navigation; no charges for such passage except for specific services rendered (Art. 26); compliance to coastal regulation etc. • Passage ceases to be innocent if Art. 19(2) of UNCLOS is satisfied. • The burden of proof lies on ship/flag state to prove that the passage was innocent. • In such cases the coastal state can take corrective steps. Art. 25 • Laws related to innocent passage Art. 21,22,23,24 • Breach of 21 will make offender liable to punishment but passage will not become non-innocent. • Jurisdiction over foreign ships- only limited criminal jurisdiction against merchant ships or ships involved in jure gestionis (Art. 27). Civil Jurisdiction not cannot be applied (Art. 28) • But the authorities of the coastal state cannot act where the crime was committed before the ship entered the territorial sea, providing the ship is not entering or has not entered internal waters. • Jurisdiction respect to non-commercial activities- Art. 29-32. • INTERNATIONAL STRAITS- narrow passage connecting high seas to high seas or territorial seas of another country. Art. 34, 35, 36. • Corfu Channel case • Right to Transit Passage-Art. 37,38 • Suspension and hampering of transit passage by coastal state not allowed (Art. 44). Transit passage can never be suspended • Exceptions to transit passage- Art. 36 i.e. alternative route; Art. 38(1); Art. 45 • Duties of ship and aircraft during transit-Art. 39 [designation of international sea lane or traffic lane possible Art. 41,42] • These rules are not applicable to straits subject to special regime Art. 35(c). Contiguous Zone • It is a restricted jurisdiction zone. • Objective is to protect certain vital interest of the coastal state w/o extending the boundary the of territorial sea. Therefore it is compromise b/w coastal states and other maritime states
• Breath of CZ- Art 33 of UNCLOS
• Rights of coastal state in contiguous zone- Art. 33.
Exclusive Economic Zone (EEZ) • Objective was to create exclusive fishery zone • First time included in UNCLOS. • Meaning-Art. 55 • Breath- Art. 55+57 • Rights of Costal state- Art. 56 • Rights and Duties of other states- Art. 58 • Conflict Resolution-Art. 59 • Structures in EEZ-Art. 60 Continental Shelf • It is the sloping landmass below water which after 150-200 m approx. falls steeply in ocean bed. • It is a natural prolongation of the land above sea level. • These shelves are rich in resources; are fishing grounds • Truman Proclamation 1945 • Breath of Continental Shelf- Exploitability vs geographical limitation formula • Art. 1 of 1958 Convention on the Continental Shelf – based on exploitability. The term “continental shelf” is used as referring (a) to the seabed and subsoil of the submarine areas adjacent to the coast but outside the area of the territorial sea, to a depth of 200 meters or, beyond that limit, to where the depth of the superjacent waters admits of the exploitation of the natural resources of the said areas. • Article 76 of the 1982 Convention modified the above formulation of breath of CS. • Where the continental margin actually extends beyond 200 miles, it shall not exceed either 350 miles from the baselines or 100 miles from the 2,500- metre isobath. • To remove difficulty, Commission on the Limits of the Continental Shelf has been established. (Annex II) • Islands generate continental shelves, unless they are inhabitable for humans. {Art. 121(3)} • Art. 77 of UNCLOS- sovereign rights for the purpose of exploiting natural resources. • These rules do not effect the status of water above CS. (Art. 78). • Installations allowed with 500 meter of safety zone. (Art. 80) • Payment to Int. Seabed Authority for exploiting non-living resources beyond 200 NM. Delimitation Contd. • Unilateral delimitation not binding on other states. Agreements has to be clearly established. Principle of uti possidetis applied. (Nicaragua v Honduras). • Delimitation of TS b/w opposite state or adjacent state-Art. 15 • Three important things in Art. 15- a) Agreement b/w the parties; b) Historic title or other special circumstances need to be taken in account; c) equidistant formula. • Qatar v Bahrain case- First draw a provisional line. Then adjust it according to special circumstances. • Guyana vs Suriname- special circumstance to be assessed on case to case basis. Principles to find special circumstances laid in various cases
• Equity is not a method of delimitation but it assists to adjust the
equidistance rule in relevant circumstance. • the delimitation should avoid the encroachment by one party on the natural prolongation of the other (Barbados vs Trinidad and Tobago) • the configuration of the coast may be relevant where the drawing of an equidistance line may unduly prejudice a state whose coast is particularly concave or convex wrt neighbours (Cameroon vs Nigeria) • Length of coastline (Cameroon case) • Presence of Islands and other features. (Anglo-French Fisheries case) • Security considerations • Resource related criteria. • Prior conduct of parties • Navigational importance. Rules for Land-Locked States • Free access to the sea • Art. 125 of the UNCLOS- No absolute right; depends upon bilateral/regional agreement. • Art. 127-130- terms for transit agreement • Art. 131- treatment at ports. • Art. 69- exploitation of surplus living resources in EEZ of coastal state. • Art. 148- participation in Int. Seabed areas. High Seas • Common Heritage of Mankind. • But it may be subject to rules of recognition, acquiescence and prescription (Anglo-Norwegian case) • Art. 86- definition of HS • Art. 87- rights of the states with respect to HS • Nuclear Test case (France v Aus and NZ)- Art. 88 provides that HS is to be used for peaceful purpose. • Naval Exercises, Fishing and Research activities are peaceful acts. • Attack on ships at HS- not allowed except for Art. 51 UN Charter • Jurisdiction on High Seas- SS Lotus Case but overruled by UNCLOS • Ship w/o flag has no rights under UNCLOS • Nationality of the ship is to be based on registration rules (link b/w ship and state). • Art.92- Ships with more than one flag. • There are exceptions to flag state jurisdiction- Right to visit; Piracy; slave trade; Hot Pursuit (Art. 111) • Piracy is for pvt. ends not for political ends • Settlement of Dispute. • International Seabed