UNCLOS: Law of the Sea

UNCLOS Overview

• The United Nations Convention on the Law of the Sea (UNCLOS) is a treaty document
• UNCLOS contains 446 articles, divided into 17 parts/headings and 9 annexes
• UNCLOS came into force internationally on November 16, 1994
• UNCLOS III convention in 1982 was the original outcome

Key Provisions of UNCLOS

• The High Seas are declared as belonging to all mankind
• Coastal jurisdiction zones are demarcated in the convention
• The right of innocent passage is defined

Coastal Jurisdiction Zones

• Internal waters exist
• Territorial sea exists
• Archipelagic waters exist
• Contiguous zone exists
• Fisheries limits exist
• Continental shelf exists
• Exclusive economic zone exists
• High Seas exist, belonging to all
• Coastal states can choose which zones to claim and how far to extend them
• Prescribed maximum limits are in place respecting zone claims

Important Considerations for Mariners

• Varying zone limits among states means shipmasters cannot rely solely on distance from a coastline
• Consult Annual Notices to Mariners No. 12 for individual state claims
• The Annual Notices includes Territorial Sea (TS), Contiguous Zone (CZ), Exclusive Economic Zone (EEZ), and Fishery Zone (FZ) widths for maritime states

Internal Waters

• Internal Waters extend from the shore to the territorial sea baseline
• Internal Waters are part of the coastal state’s territory
• Vessels entering internal waters voluntarily place themselves under the jurisdiction of the coastal state
• Foreign flag vessels possess right of innocent passage through internal waters in a few cases
• When baselines have been redrawn, enclosing waters previously seaward
• In situations involving force majeure (distress, weather, or mechanical breakdown), jurisdiction remains with the flag state
• Warships/public vessels are granted special status, regarded as agents of the sovereign and possess immunity with coastal state consent

Enforcement in Internal Waters

• Coastal states generally don't enforce laws on foreign-flagged vessels unless their interests are engaged
• Laws are enforced when an offence affects port order, and when the vessel master requests jurisdiction
• Laws are enforced when a non-crew member is involved, and when vessel breaches local regulations

Territorial Sea

• The territorial sea may extend up to 12 nautical miles from the baseline
• Over 100 international straits, including the Dover Strait, lost their 'high seas' corridors.
• The territorial sea is part of a coastal state's territory, has distinct juridical status
• Foreign flag vessels have the right of innocent passage

Innocent Passage

• Innocent passage can be suspended temporarily in specific areas for coastal state security
• Suspension is essential for weapons exercises or similar activities
• Vessels passing through the territorial sea must ensure their activities are innocent
• Activities considered non-innocent include threat/use of force, weapons practices, intelligence gathering, propaganda etc

Regulations in Territorial Seas

• Vessels must comply with legislation affecting innocent passage
• Examples include regulations on navigation safety, maritime traffic, and NAV aids
• Protection of cables/pipelines, conservation of resources, and environmental protection are types of laws
• Control may be exerted over surveying, customs, fiscal matters etc
• Vessels are required to comply with Collision Regulations
• Coastal states can exercise jurisdiction over all vessels in internal waters, but has exceptions

Criminal Jurisdiction in the Territorial Sea

• Coastal states should not exercise criminal jurisdiction unless:
• Consequences of a crime extend to the coastal state
• A crime disturbs peace or good order
• The vessel master/flag state requests jurisdiction, or when jurisdiction is needed to suppress illicit traffic

Civil Jurisdiction in the Territorial Sea

• Coastal states can only exercise civil jurisdiction over vessels that are leaving internal waters
• States bordering straits must not impede transit passage
• States bordering straits must publicise navigational dangers
• Transit passage cannot be suspended
• Coastal states can establish sea lanes and traffic separation schemes
• States can enact legislation on safety, preventing pollution, fishing, customs, etc
• Vessels must comply with these laws when passing through
• Flag states are responsible if vessels don't comply
• Ships must comply with regulations for safety, collision avoidance, and pollution prevention

Archipelagic Waters

• Established for mid-ocean archipelagic states like Fiji
• Requires constitution by one or more archipelagos.
• Status is similar to territorial sea, but with additional obligations
• Obligations include access to fishing grounds/activities, and submarine cable maintenance
• Foreign flag vessels have right of innocent passage

Contiguous Zone

• Extends 12 nautical miles beyond the territorial sea limit
• It consists of revenue, public health, and quarantine jurisdiction
• Allows for detention of vessels violating customs or public health regulations
• Used to enforce fiscal, customs, sanitation, immigration, and emigration laws
• Vessels carrying dangerous substances may be turned away.

Fisheries Zones (IFZ and EFZ)

• There are recognised inshore fishery zone (IFZ) of 12 nm, within which the coastal state exercises rights to living resources
• The extended fisheries zone (EFZ) extends to 200 nm, within which preferential rights over fish stocks are granted
• Fishing vessels must observe fisheries regulations

Continental Shelf

• Defined geologically, extending beyond 200 nautical miles from the baseline
• A maximum of 350 nautical miles may be specified. It is a resource zone, not a security zone
• It does not form part of the coastal state's territory.
• Seas above the continental shelf remain 'high seas' without an Exclusive Economic Zone
• Resources include mineral, non-living resources, and sedentary species
• Coastal states have exclusive rights to shelf resources
• Coastal states regulate artificial islands/structures and have jurisdiction over customs, health, safety, and immigration
• Safety zones of 500 meters are permitted to ensure navigation safety around artificial islands

Exclusive Economic Zone (EEZ)

• Extends to a maximum of 200 nautical miles from the baseline
• Coastal states have rights/duties regarding natural resources
• Freedom of navigation is the same as on the high seas
• Coastal states can restrict navigation for safety near offshore installations
• If no EEZ exists, high seas begin where territorial seas end
• An EEZ expands coastal state rights and jurisdiction

High Seas

• Encompass all sea areas beyond EEZ, territorial sea, and internal/archipelagic waters
• Open to all states, whether coastal or land-locked
• Freedom of navigation, overflight, laying cables/pipelines are examples of freedoms, together with construction of artificial islands which are permitted under international law
• Also comprises freedom to fish, and scientific research
• Warships have complete immunity on the high seas
• State-owned ships on government non-commercial service have complete immunity
• Penal/disciplinary proceedings are limited to the flag state in incidents
• Duty to render aid to those in danger, and rendering assistance after a collision, and exchanging identification information are some duties under the law

Other High Seas Provisions

• Ship registration and flag state obligations exist
• Prohibitions regarding slave trade, piracy, narcotics trafficking, and unauthorized broadcasting occur
• The rights of visit, seizure, arrest, and hot pursuit exist for enforcement