LAWS OF

SEA

Submitted to:
Submitted By:

Mrs. Imrose Tiwana

AMAN BAJAJ

BCOM LLB 3RD SEM

237/15

ACKNOWLEDGEMENT
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Any work requires the effort of many people and this is no different.
First of all, I would like to express my heartiest thanks to the Director
of University Institute of Legal Studies, Dr. Sangita Bhalla for giving
me an opportunity to study in such a great institution. Then I thank my
teacher Mrs. Imrose Tiwana for firstly making me understand the
contents of my topic and then giving me a wonderful opportunity to
present this topic in form of an assignment. Her support and teaching
helped me a lot to complete this assignment.

I would also like to thank my friends who were always available to me

for help and also helped me collect data for my project through various
sources. They also provided me with material I needed and made my
work as easy as possible.

Regardless of anything, I wish to express my gratitude to those who may have

contributed to this assignment, even though anonymously.

TABLE OF INDEX

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 TOPIC PAGE
NO.
1.ACKNOWLEDMENT 2

2.INTRODUCTION 4
3.BASELINE 5
4.INERNAL WATRS 6
5.TERETORIAL SEA 7
6.CONTIGUOUS ZONE 8

7. EXCLUSISVE ECONOMIX ZONE 9

8. CONTINENTAL SHELF 11

9. BIBILOGRAPHPY 14

INTRODUCTION
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Territorial waters or a territorial sea as defined by the
1982 United Nations Convention on the Law of the Sea is a belt
of coastal waters extending at most 12 nautical miles (22.2 km;
13.8 mi) from the baseline (usually the mean low-water mark)
of a coastal state. The territorial sea is regarded as the
sovereign territory of the state, although foreign ships (civilian)
are allowed innocent passage through it, or transit
passage for straits; this sovereignty also extends to the
airspace over and seabed below. Adjustment of these
boundaries is called, in international law, maritime delimitation.

The term "territorial waters" is also sometimes used informally to refer to any
area of water over which a state has jurisdiction, including internal waters, the
contiguous zone, the exclusive economic zone and potentially the continental
shelf.

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BASELINE
Normally, the baseline from which the territorial sea is measured is the low-
water line along the coast as marked on large-scale charts officially recognized
by the coastal state1. This is either the low-water mark closest to the shore, or
alternatively it may be an unlimited distance from permanently exposed land,
provided that some portion of elevations exposed at low tide but covered at high
tide (like mud flats) is within 12 nautical miles (22 km; 14 mi) of permanently
exposed land. Straight baselines can alternatively be defined connecting
fringing islands along a coast, across the mouths of rivers, or with certain
restrictions across the mouths of bays. In this case, a bay is defined as "a well-
marked indentation whose penetration is in such proportion to the width of its
mouth as to contain land-locked waters and constitute more than a mere
curvature of the coast. An indentation shall not, however, be regarded as a bay
unless its area is as large as, or larger than, that of the semi-circle whose
diameter is a line drawn across the mouth of that indentation". The baseline
across the bay must also be no more than 24 nautical miles (44 km; 28 mi) in
length.

Straight baselines
In localities where the coastline is deeply indented and cut into, or if there is a
fringe of islands along the coast in its immediate vicinity, the method of straight
baselines joining appropriate points may be employed in drawing the baseline
from which the breadth of the territorial sea is measured.

The drawing of straight baselines must not depart to any appreciable extent
from the general direction of the coast, and the sea areas lying within the lines
must be sufficiently closely linked to the land domain to be subject to the
regime of internal waters. 2

1 UNCLOS ARTICLE 5

2 UNCLOS ARTICLE 7

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INTERNAL WATERS
According to the United Nations Convention on the Law of the Sea, a
nation's internal waters include waters on the landward side of the baseline of a
nation's territorial waters, except in archipelagic states3. It includes waterways
such as rivers and canals, and sometimes the water within small bays.

In inland waters, sovereignty of the state is equal to that which it exercises on

the mainland. The coastal state is free to make laws relating to its internal
waters, regulate any use, and use any resource. In the absence of agreements to
the contrary, foreign vessels have no right of passage within internal waters, and
this lack of right to innocent passage is the key difference between internal
waters and territorial waters. The "archipelagic waters" within the outermost
islands of archipelagic states are treated as internal waters with the exception
that innocent passage must be allowed, although the archipelagic state may
designate certain sea lanes in these waters.

When a foreign vessel is authorized to enter inland waters, it is subject to the

laws of the coastal State, with one exception: the crew of the ship is subject to
the law of the flag State. This extends to labour conditions as well as to crimes
committed on board the ship, even if docked at a port. Offences committed in
the harbour and the crimes committed there by the crew of a foreign vessel
always fall in the jurisdiction of the coastal State. The coastal State can
intervene in ship affairs when the master of the vessel requires intervention of
the local authorities, when there is danger to the peace and security of the
coastal State, or to enforce customs rules

R v Anderson (1868) Facts: D= US national- found guilty of manslaughter on

board a British ship. The offence was committed in Frances territorial waters.
D argued that the British Court had no jurisdiction to try him.D was subject to
the American jurisprudence as an American citizen, and to the law of France for
committing the crime within its territory and also to jurisdiction of British law,
3 UNCLOS article 8

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which extends to the protection of British vessels. France will not assert their
police law unless invoked by the master of the vessel or that the offence leads to
the disturbance of the peace of the port.

Territorial sea

A state's territorial sea extends up to 12 nautical miles (22.2 km; 13.8 mi) from
its baseline. If this would overlap with another state's territorial sea, the border
is taken as the median point between the states' baselines, unless the states in
question agree otherwise. A state can also choose to claim a smaller territorial
sea.

Conflicts still occur whenever a coastal nation claims an entire gulf as its
territorial waters while other nations only recognize the more restrictive
definitions of the UN convention. Two recent conflicts occurred in the Gulf of
Sidra where Libya has claimed the entire gulf as its territorial waters and the
U.S. has twice enforced freedom of navigation rights, in the 1981 and 1989 Gulf
of Sidra incidents.

Article 3 of UNCLOS declares that a nation may establish a territorial sea that
extends up to 12 nautical miles from the baselines. Within the territorial sea, a
nation has exclusive sovereignty over the water, seabed, and airspace

If States are opposite or adjacent to each other: 4

Where the coasts of 2 States are opposite or adjacent to each other, neither of
the 2 States is entitled, failing agreement between them to the contrary, to
extend its territorial sea beyond the median line every point of which is
equidistant from the nearest points on the baselines from which the breadth of
the territorial seas of each of the two States is measured.
.

4UNCLOS article15

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Contiguous Zone

The Contiguous Zone is a region of the seas measured from the baseline to a
distance of 24 nautical miles. Within this region, a nation may exercise the
control necessary to prevent the infringement of its customs, fiscal, immigration
or sanitary laws and regulations within its territory or territorial sea, and punish
infringement of those laws and regulations committed within its territory or
territorial sea.5

By means of a formal proclamation made public to the international community,

a coastal state may establish a zone contiguous to the territorial sea and
extending a maximum of twenty-four nautical miles from the baseline.
Consequently, the breadth of the contiguous zone itself depends on the distance
proclaimed and on the breadth of the territorial sea. If the territorial sea of the
coastal state has the maximum breadth of twelve nautical miles, then the
contiguous zone can have a maximum breadth of only twelve nautical miles.

The contiguous zone enjoys independent legal status only as long as the coastal
state has not proclaimed an exclusive economic zone exceeding the outer limits
of the contiguous zone. If an exclusive economic zone is established, it begins
beyond and adjacent to the territorial sea, with the resultant effect that the
contiguous zone becomes a part of the exclusive economic zone, and all
provisions which apply to the latter also apply completely and fully (as there are
no exceptions) in the contiguous zone. The principle of freedom of navigation
applies in this zone as well as elsewhere outside the territorial sea, but other
states are to have due regard for the rights of the coastal state in the exclusive
economic zone and to comply with its laws and regulations.

5 UNCLOS article 33

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Exclusive Economic Zone

An area beyond and adjacent to the territorial sea, subject to the specific legal
regime established in this Part, under which the rights and jurisdiction of the
coastal State and the rights and freedoms of other States are governed by the
relevant provisions of this Convention.6

The Exclusive Economic Zone or "EEZ" is a region that stretches a distance of

no more than 200 nautical miles from a nation's baselines7. Generally, the rules
regarding the High Seas, set forth in Articles 88 to 115, apply to the
EEZ. Within its EEZ, a nation may explore at exploit the natural resources (both
living and inanimate) found both in the water and on the seabed, may utilize the
natural resources of the area for the production of energy (including wind and
wave/current), may establish artificial islands, conduct marine scientific
research, pass laws for the preservation and protection of the marine
environment, and regulate fishing8.

One of the primary purposes behind establishing the EEZ was to clarify the
rights of individual nations to control the fish harvests off their shores. The 200-
mile limit established by UNCLOS is not an arbitrary number. It is derived from
the fact that the most lucrative fishing grounds lie within 200 nautical miles
from the coast as this is where the richest phytoplankton (the basic food of fish)
pastures lie.

6 UNCLOS article 55

7 UNCLOS article 57

8 UNCLOS article 56

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The creation of the EEZ gave coastal nations jurisdiction of approximately 38
million square nautical miles of ocean space. The world's EEZs are estimated to
contain about 87% of all of the known and estimated hydrocarbon reserves as
well as almost all offshore mineral resources. In addition, the EEZs contain
almost 99% of the world's fisheries, which allows nations to work to conserve
the oceans vital and limited living resources.

Disputes

The exact extent of exclusive economic zones is a common source of conflicts

between states over marine waters.

One well-known example of such dispute was the Cod Wars between the
United Kingdom and Iceland.
Norway and Russia dispute both territorial sea and EEZ with regard to
the Svalbard archipelago as it affects Russia's EEZ due to its unique
treaty status. A treaty was agreed in principle in April 2010 between the
two states and subsequently ratified, resolving this demarcation
dispute. The agreement was signed in Murmansk on September 15, 2010.
The South China Sea (and the Spratly Islands) is the site of an on-going
dispute between several neighbouring nations.
Croatia's ZERP (Ecological and Fisheries Protection Zone) in the Adriatic
Sea caused friction with Italy and Slovenia, and caused problems
during Croatia's accession to the European Union.
A wedge-shaped section of the Beaufort Sea is disputed
between Canada and the United States, as the area reportedly contains
substantial oil reserves.

HIGH SEAS

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Waters beyond a nation's EEZ are considered to be the high seas. The high seas
are still governed the "freedom of the seas" concept, albeit a modified version.
Just as with the classical version, no nation my lay claim to any portion of the
high seas. Per the terms of the treaty, "[t]he high seas are open to all States,
whether coastal or land-locked. On the high seas, nations are permitted freedom
of navigation and over flight, freedom to lay submarine cables and pipelines,
freedom to construct artificial islands, freedom of fishing, and freedom of
scientific research. Other provisions regarding the high seas include a
prohibition on the transport of slaves, piracy, illegal drug trafficking, and the
suppression of unauthorized radio or television broadcasting.

CONTINENTAL SHELF

Unlike the other boundaries that have been thus far discussed, the continental
shelf is a real, naturally-occurring geological formation. It is a gently sloping
undersea plain between the above-water portion of a landmass and the deep
ocean. The continental shelf extends to what is known as the continental slope, a
point at which the land descends further and marks the beginning of the ocean
itself. It is host to most of the world's oceanic plant and animal life and plays a
vital role in energy production, from offshore oil and gas reserves to renewable
energy resources.

When UNCLOS refers to the continental shelf, however, it is using "continental

shelf" as a legal term .While the EEZ captures a lot of the continental shelf for
many countries, it does not capture all of it. As such, UNCLOS includes
provisions for nations to lay claim to a continental shelf that exceeds 200
nautical miles from the baseline by establishing the foot of the continental slope
as set forth in Article 76, paragraphs 4-7. These provisions allow for an
extension of an additional 150 nautical miles from the baseline or 100 miles
from the 2,500 meter depth.Nations exercise over the shelf the sovereign right
to explore and exploit the non-living natural resources of the continental shelf as
well as the living organisms that live on the seabed itself. The water above the
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portion of the continental shelf that is not contained within the EEZ remains
part of the high seas (as does the airspace above that area). Nations wishing to
request an extension of sovereignty over an extended portion of their naturally
occurring continental shelf must do so within 10 years of UNCLOS coming into
force for that particular nation.

The extension of sovereignty to the extended continental shelf comes with a

price. A nation that exploits resources on the continental shelf beyond the 200
nautical mile mark is allowed five years in which to develop and exploit the
resources of the shelf without charge. Starting on the sixth year, a nation has to
pay 1 per cent of the value of the resources produced from the site. The rate of
payments increase by 1 per cent for each year until the twelfth year and is
capped at 7 per cent thereafter. Developing nations are exempted from this
provision. Revenues generated from these operations are deposited with the
International Seabed Authority and equally distributed among national parties to
UNCLOS.

Rights of the coastal State over the continental shelf

1. The coastal State exercises over the continental shelf sovereign rights for the
purpose of exploring it and exploiting its natural resources.

2. The rights referred to in paragraph 1 are exclusive in the sense that if the
coastal State does not explore the continental shelf or exploit its natural
resources, no one may undertake these activities without the express consent of
the coastal State.

3. The rights of the coastal State over the continental shelf do not depend on
occupation, effective or notional, or on any express proclamation.

4. The natural resources referred to in this Part consist of the mineral and other
non-living resources of the seabed and subsoil together with living organisms
belonging to sedentary species, that is to say, organisms which, at the
harvestable stage, either are immobile on or under the seabed or are unable to
move except in constant physical contact with the seabed or the subsoil.9

9 UNCLOS acrticle 77

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Legal status of the superjacent waters and air space and the rights and freedoms
of other States

1. The rights of the coastal State over the continental shelf do not affect the
legal status of the superjacent waters or of the air space above those waters.

2. The exercise of the rights of the coastal State over the continental shelf must
not infringe or result in any unjustifiable interference with navigation and other
rights and freedoms of other States as provided for in this Convention.10

Submarine cables and pipelines on the continental shelf

1. All States are entitled to lay submarine cables and pipelines on the continental
shelf, in accordance with the provisions of this article.

2. Subject to its right to take reasonable measures for the exploration of the
continental shelf, the exploitation of its natural resources and the prevention,
reduction and control of pollution from pipelines, the coastal State may not
impede the laying or maintenance of such cables or pipelines.

3. The delineation of the course for the laying of such pipelines on the
continental shelf is subject to the consent of the coastal State.

4. Nothing in this Part affects the right of the coastal State to establish
conditions for cables or pipelines entering its territory or territorial sea, or its
jurisdiction over cables and pipelines constructed or used in connection with the
exploration of its continental shelf or exploitation of its resources or the
operations of artificial islands, installations and structures under its jurisdiction.

5. When laying submarine cables or pipelines, States shall have due regard to
cables or pipelines already in position. In particular, possibilities of repairing
existing cables or pipelines shall not be prejudiced.11

Artificial islands, installations and structures on the continental shelf

10 UNCLOS article 78

11 UNCLOS article 79

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Article 60 applies mutatis mutandis to artificial islands, installations and
structures on the continental shelf.12

The coastal State shall have the exclusive right to authorize and regulate drilling
on the continental shelf for all purposes.13

BIBLIOGRAPHY

PUBLIC INTERNATIONAL LAW , H.O AGGARWAL

www.un.org
En.m.wikipedia.org
www.sribd.com
UNCLOS,1982

12 UNCLOS article 80

13 UNCLOS article 81

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