the need for new rules

Law of the Sea

UNLCOS III of 1982

- The 1982 Convention was closed for

Important of the Sea:

For

economic,

political

and

strategic grounds
Important of the Law of the Sea:
Governs

the

activities

of

Body of international law dealing

navigational

rights,

mineral rights, jurisdiction over

coastal waters and international
law

regarding

relationship

9th

Dec

1984,

having

received 159 signatures.

Subject matter of the law of the

sea

the

States in vast oceans

with

signature on

1.The oceans
a)

The

surface

of

the

oceans.

b) Lands under the oceans (the "seabed").

c) The waters and resources of the oceans.
d) The air space above the oceans.

between nations

2.Access to the oceans

Principal

The Common Heritage

the

oceans

of

the

world

are

the

common heritage of all humankind and

they are free for the use of everyone.
Law governing the seas
UNLCOS I of 1958
- fail to reach agreement on a number
of

questions, esp

question

of

the

breath of the territorial sea

UNLCOS II of 1960
- fail to reach agreement on same
matter
- technological advancement created

3. Ocean boundaries between states

UNCLOS I of 1982 is the most

comprehensive multilateral treaty
ever concluded
The Convention, which contains 320
Articles and 9 Annexes, deals with
The

Convention

entered

into

force on 16th December 1994, 1

year

after

it

had

obtained

It covers all of the areas of the four

But the only western state to ratify

Many states refused to sign or ratify

as

they

were

not

satisfied with some of its provisions in

Part XI about exploitation of the deep

Convention

Some

states

even

made

declarations to the effect that the

deep seabed mining regime was
deficient and needed revision.
a

long

of

1958

and

It deals with the rights and duties of

States in the territorial sea and
the exclusive economic zone, the
right

of

transit

international

seabed.

For

Geneva

further extensive coverage as well

it was Iceland.

Convention

sea.

the

necessary 60 ratification.

the

almost every aspects of the law of the

time

universally

acceptable convention on the law

of the sea seemed to be beyond
reach because of the continuing
dispute between developing and
industrialize countries.

passage

straits,

the

in

use

of

fishing resources, the exploration

and exploitation of the natural
resources

in

the

seabed

and

subsoil of the continental shelf,

deep

seabed

mining

under

the

regime of the International Seabed

Authority

and

marine

scientific

research.
It

also

provides

comprehensive
environmental
agreed

upon

for

the

most

regime
protection
by

States

of
so

far

and

an

elaborate system of dispute settlement

which would lead to a binding decision

by an independent body.

1. The Baselines
The Baselines

the starting places

from which a coastal states internal

waters, territorial sea, and other maritime
zones can be measured.
Rule to measure territorial sea rest
on the concept of baseline
A boundary line that determines
where

States

maritime

sovereignty and jurisdiction begins

and ends
Article 5 = Normal baseline the
low-water line along the coast as
marked on large-scale charts officially
recognized

by

the

coastal

state.

* Low water line - line along the coast

of a State at the time of low tides
(Nk kira Territorial Sea= from baseline, 12
nm)

 Straight

baseline a series of

2.

Internal Water

straight lines connecting the outer

Internal Waters all ports, harbors,

points of the island, rocks, and reefs

rivers,

along a deeply indented coastline

waterways landward of the territorial

Art. 7(1) -

seas baseline.

lakes,

canals,

and

navigable

(a) the coastline is deeply indented and

cut into; or

A. General rule:
internal waters are part of the

(b) If there is a fringe of islands along the

land territory of the coastal

coast in its immediate vicinity.The method

state.

of strait baselines joining the appropriate

points may be employed.Art. 7(4) Straits
baselines shall not be drawn to and from
low tide elevations.

B . Access to Internal Waters:

General
designate

rule:

state

which

of

its

may

internal

waters it will open to international

access.
Actual practice:
a) Most states permit access to
designated ports

as

matter

of

commercial necessity.
b) Access to navigable rivers, lakes,
and canals is governed by treaties.

WILDENHUS CASE

C. Egress from Internal Waters:

General rule: states that grant

(Belgian consul (P) v. American

access to their internal waters,

authorities (D)

impliedly grant foreign vessels the

right to leave.

A Belgian national by the name Wildenhus,

allegedly

killed

another

Belgian

crew

Exceptions:

member while their ship was in port in

States may detain ships that:

New Jersey. The Belgian consul (P) applied

are unseaworthy.

for

have injured (or will likely injure) the

Wildenhus was arrested on the ground

states territorial seas or other ocean

that a treaty granting exclusive charge to

zones (such as by pollution)

consuls for the internal order of the

have been sued in civil actions.

merchant vessels of their nation. The

have committed customs offenses.

consul (P) appealed the judgment after the

writ

of

habeas

corpus

after

circuit court refusal to release Wildenhus.

By comity it came to be generally
understood among civilized nations

D. Jurisdiction in internal waters

a

that all matters of discipline and all

states internal waters, a foreign

things done on board which affected

ship subjects itself to the territorial

only the vessel or those belonging

sovereignty of that state.

to her, and did not involve the

General

rule:

By

entering

peace or dignity of the country, or

Exception: this does not apply to a

the tranquility of the port, should

foreign warship or other ship with

be left by the local government to

immunity.

be dealt with by the authorities of

the nation to which the vessel

practice: a state does not

belonged as the laws of that nation or

exercise jurisdiction over the purely

the interests of its commerce should

internal affairs of a foreign ship

require.

In

Held:The sovereignty of the home of the

ship deals with disorders that disturbs only
the peace of the ship or those on board
but the proper authorities of the local
jurisdiction punishes those that disturb

3.Territorial Sea

public peace. Felonious homicide is a

subject for the local jurisdiction. Hence,

Coastal states have jurisdiction over

the consul has no right to interfere if the

territorial

authorities are proceeding with the case in

seas

(sometimes

called

territorial waters) a zone extending

a regular way

seaward not more than 12 nautical

lines from the baseline.
Territorial

seas

extensions
land

of

are

treated

a coastal

territory

(with

as

states
a

few

exceptions).
a) Coastal states control the following
in, under, and over their territorial
seas:
1) Fishing.
2) The seabed.
3) The subsoil.
4) The airspace.
b)

Coastal

states

regulate

the

following within their territorial seas:

1] Transit between their coastal ports.
2] Navigation.
3] Health laws.
4] Customs laws.
5] Immigration laws.

c)

Coastal

states have

jurisdiction

to

try

concurrent

crimes

committed

aboard foreign ships (other than warships)

within their territorial seas.
d)

Coastal

states

have

limited

jurisdiction to arrest ships, their crews,

and their passengers.

Exceptions to a coastal states authority

to control the movement of foreign ships
in its territorial seas

a) Innocent passage.
Defined: innocent navigation through
the territorial sea for the purpose
either of traversing (menyeberangi)
that

sea

waters,

without
or

entering

proceeding

internal

to

internal

waters, or of making for the high seas

from internal waters.
Navigation is innocent if it is not
prejudicial to the coastal state.
e) Coastal states may designate (for
security reasons) areas of its territorial
sea

where

it

may

temporarily

suspend innocent passage

Exception:

cannot

suspend

innocent passage through straits.

 Coastal states may:

b) Transit passage.
Defined: the freedom of navigation

a]

Establish

sea

lanes

and

traffic

and over-flight solely for the purpose of

separation schemes to protect the safety

continuous and expeditious transit

of

of a strait between one part of the

b] Control pollution.

high seas or an exclusive economic

c] Restrict fishing.

zone and another part of the high seas

d] Limit the loading or unloading of

or an exclusive economic zone.

commodities, currencies, or persons that

ships

contravene
a] Transit passage does not apply to those

immigration,

straits to which the rule of innocent

regulations.

passage applies.
b] Transit passage does not preclude
passage through a strait for the purpose of
entering into or exiting from a state
bordering the strait.
Reason for rule: to allow for passage
through straits that had been part of
the high seas prior to the extension in
1982 of the territorial sea from 3 miles
to 12 miles.
Vessels exercising the right of transit
passage may proceed in their "normal
modes"

(that

is,

submarines

may

remain submerged)
Coastal states may not suspend or
hamper transit passage.

and

their
or

planes.

customs,
sanitary

fiscal,

laws

or

4. Archipelagic Waters
Defined:

waters

within

5. Contiguous Zone

straight

Defined: a zone extending not more

baselines of up to 100 nautical miles

than

connecting

baselines from which the territorial sea is

the

outermost

islands

of

archipelagic states.

24

nautical

miles

from

the

measured within which a coastal state

may:

Rights of archipelagic states within

archipelagic waters: they may exercise

1) Turn back a ship planning to commit

complete sovereignty, regardless of

illegal acts inside its territorial waters.

the waters depth or distance from the

2) Arrest a ship leaving its territorial

coast.

waters that has violated local law.

Exception: archipelagic states must
provide for archipelagic sea lanes and
air routes (governed by the same rules
as

transit

passage

archipelagic waters.

lanes)

through

US v Taiyo Maru

United States Coast Guard sighted the

7. Exclusive Economic Zone

TAIYO MARU 28, a commercial Japanese

fishing vessel, within waters which the
United

States

contiguous

claims

fisheries

as

part

zone,

of

and

its

Defined: The ocean area beyond the

territorial sea and out to 200 miles.

had

reasonable cause to believe that the

Coastal states may exercise control

vessel was fishing in the zone in violation

over one or more of six resources and

of United States fisheries law; and (2) at

activities:

that point, the Coast Guard signaled the

TAIYO

MARU

28

and,

after

giving

a) nonliving resources, including the

immediate and continuous hot pursuit,

seabed,

effected seizure of the vessel on the high

seas.

and

superjacent

waters.

6. Continental Shelf
b)

Definition: the seabed and subsoil of

the

subsoil,

submarine

areas

that

living

resources,

including

fish,

crustaceans, and plants.

extend

beyond its territorial sea throughout

c) other economic resources, such as the

the

production of energy from the water,

natural

territory

to

prolongation
the

outer

of

its

edge

of

land
the

currents, and winds.

continental margin.
d)
The

maximum

extension

of

the

artificial

islands,

installations,

structures

continental shelf provided for by the

e) marine scientific research.

UN Convention is:
a) If the shelf does not extend to 200
nautical

miles,

states

claim

can

nonetheless extend to this distance.

b) If the shelf extends beyond 200
nautical miles, the maximum claim can
be no more than 350 nautical miles.

f) pollution control.

and

2) The laws of the flag state (the state

8. High Seas
Defined: the ocean areas beyond the
territorial seas and other maritime
zones

of

coastal

states.

govern the operations of a ship.

a) Flag states are entitled to regulate and
control their ships on the high seas.

General principles:
1) The high seas are to be used for
peaceful purposes for the benefit of
all states.

Note: only flag states may regulate and

control ships with immunity.
-

2) No state has the right to subject any

part of the high seas to its sovereignty.
Rules

whose nationality the ship possesses)

governing

vessels

navigating on, over, or through the

high seas:
1) Freedom of the high seas: a customary
rule that guarantees the vessels of all
nations (including landlocked states) the
freedoms of:
a) Navigation.
b) Over-flight.
c) Fishing.
d) Laying submarine cables and pipelines.
e) Constructing artificial islands and other
installations.
f) Carrying on scientific research.

warships.
ships owned or operated by a state

and

used

only

on

government

noncommercial service.
b) Authority of non-flag states:
1] Coastal states warships and military
aircraft may pursue onto the high seas a
foreign ship that violates the laws or
regulations of a coastal state while in that
states

internal waters, territorial sea,

archipelagic

waters,

contiguous

zone,

exclusive economic zone, or while on the

continental shelf.
Requirements:
1} The pursuit must begin in the waters
mentioned

above.

2} the warships or aircraft must remain in

hot pursuit (i.e., the pursuit must be
uninterrupted).
3} the fleeing ship cannot enter its own or
another states territorial sea.

 In law enforcement and international

law,

hot

pursuit

can

immediate

pursuit

competent

security

refer

to

whereby
officers

or

United Nations Convention on the Law

an

of Sea, 1982 right of hot pursuit is

the

granted to a coastal state to prevent

the

and arrest the ship escaping to

agents of a state, are allowed to enter

the

High

Seas

beyond

and arrest a fleeing offender in the

territorial waters, provided that

its

territorial jurisdiction of another state

or in the territory where the pursuing

1.

It

must

be

undertaken

by

the

state has not its jurisdictional power

competent authorities of the coastal State

(sovereignty), provided that the pursuit

(chase) must start within the territory

2. There must be a good reason to believe

of

is

that the ship which has been pursuing has

any

violated the laws and regulations of that

the

pursuing

continuous

and

state,

and

without

interruption.

State

Where a coastal state, stopping or

3. The pursuit must be commenced when

arresting a foreign ship outside the

the foreign ship or one of its boats

territorial sea on the basis of its right

connected to the offense is within the

of hot pursuit, fails to justify the

internal waters, the archipelagic waters,

exercise,

the territorial sea or the contiguous zone

it

shall

be

liable

to

compensate the ship for any loss or

of the pursuing State

damage cause to it due to the exercise

of this right

4. It must be continuous and without any

due interruptions
However, it is not necessary that the
foreign ship must receive the order to
stop from the ships of the coastal state
when it was within the territorial sea or
the contiguous zone, but only the
presence of the ship giving the orders
in the said territories is essential and
thus sufficient.

 Furthermore, if the foreign ship is

within a contiguous zone, the EEZ, the
Continental

Shelf,

and

the

Safety

Zones in the EEZ or the Continental

Shelf.
Then

the

undertaken

pursuit
if

may

there

only

has

be

been

violation of the rules and regulations

as applicable in the respective regimes
(areas, zones)
The right of hot pursuit ceases as soon
as

the

ship

pursued

enters

the

territorial sea of its own State or of a

third State.
The

right

of

hot

pursuit

may

be

exercised only by warships or military

aircraft, or ships or aircraft under
government services, or other ships or
aircraft as authorized to that effect.
Any states warship or military aircraft
that encounter a foreign ship on the
high seas (other than a ship with
immunity) have a right to visit (i.e., to
approach and board the ship) when the
warship

or

aircraft

has

reasonable

grounds for suspecting that the ship is:

a] engaged in piracy.
b] engaged in trading slaves.
c] engaged in unauthorized broadcasting.
d] a ship without nationality
e] a ship with the same nationality as the

warship even though flying the flag of

another state or refusing to fly any flag.

 Any

states

warships

and

military

9 . Deep Seabed

aircraft on the high seas may seize:

a] pirate ships, pirate aircraft, or pirates.

International Seabed Authority (ISA)

b] ships or aircraft under the control of

established by the UN Convention on

pirates.

the Law of the Sea.

c]

ships

or

individuals

unauthorized

involved

in

broadcasting.

Authority

of

the

International

d] ships without nationality or flying two or

Seabed Authority: the sole right to

more flags.

exploit the deep seabed or to grant

licenses to states or companies to

Caveat: only a flag state may take

carry out its exploitation.

measures to prevent and punish ships

involved in:

Agreement

Relating

to

the

a] the slave trade

Implementation of Part IX of UNCLOS

b] illegal drug trafficking.

(the ISA) approved by UN General

Assembly in 1994 and in force in 1996
1)

Reason:

to

alleviate

concerns

of

developed nations over the development

of the deep seabed.
2) New governing criteria:
a) ISA must operate on a "cost effective"
basis.
b) ISA must grant licenses to commercial
explorers on a "no-less-favorable basis"
than those granted to ISA sponsored
explorers.

10. Maritime Boundaries

11. Landlocked States

Rule for territorial seas: the boundary

Have the same rights as coastal states

between

two

adjacent

states

with

adjoining territorial seas should be

determined

first

by

to have their ships sail the high seas

and fly their flag.

agreement

between the states, or, failing that, be

drawn at the median line.

Do not have a right to have their ships

transit

through

the

territorial

and

internal waters of an adjoining coastal

Exceptions:

state so that those ships can proceed

a) Historic title (i.e., long usage)

from the high seas to the landlocked

b) b) "Special Circumstances": courts

states own territory.

are

to

apply

equity

in

drawing

boundaries.
Rules for other maritime zones:
UN Convention on the Law of the
Sea:
a) Contains no provisions for drawing
boundaries for the contiguous zone.
b)

Rejects

the

agreement

of

the

parties/median line rule for drawing the

maritime
shelves.

boundary

for

continental