UNCLOS: Law of the Sea

• UNCLOS is the United Nations Convention on the Law of the Sea
• It provides an international legal framework for maritime activities.
• It was adopted in 1982
• It superseded prior agreements to provide a unified structure.
• UNCLOS defines maritime zones, including territorial seas and exclusive economic zones.
• It regulates navigation rights
• It promotes peaceful maritime cooperation
• The convention supports the sustainable use of ocean resources.

Methods of Establishing Sovereignty Over Maritime Areas

• Sovereignty over maritime areas can be established based on historical control and long-standing usage
• Coastal states are entitled to specific maritime zones extending from their land territory based on geographical proximity
• Bilateral or multilateral agreements between states define maritime sovereignty
• International courts (ICJ or ILOS) resolve disputes and confirm sovereignty claims.

Baselines and Their Significance

• Baselines are reference points for measuring a state's maritime zones.
• Normal baselines are the low-water line along the coast, used for measuring territorial waters
• Straight baselines are used where the coastline is deeply indented or there are offshore islands.
• Archipelagic baselines apply to archipelagic states, connecting the outermost points of the outer islands.
• The selection of baselines impacts a state's territorial sea, EEZ, and continental shelf by influencing access to maritime resources.

Delimitation of Maritime Boundaries

• Boundary delimitation is necessary when maritime zones of two or more states overlap.
• UNCLOS provides methods for resolving disputes.
• The Equidistance Principle employs a median line equidistant from the coasts of the concerned states
• The Relevant Circumstances Approach considers factors like coastal geography, resource distribution, and historic rights.
• Maritime disputes can undergo judicial and diplomatic resolution through international courts, arbitration, or negotiation.

Internal Waters

• Internal waters include ports, rivers, inlets, and other marine areas landward of the baseline
• Coastal states can enforce domestic regulations
• States can act on violations of static standards in port and offenses in maritime zones
• Foreign vessels are generally not subject to non-maritime laws unless activities threaten local peace and security
• Coastal states can deny entry to privately contracted armed security personnel (PCASP) if national laws prohibit weapons
• PCASP and vessels can be held accountable for prior violations at sea if:
  • The offense affected the port state.
  • The flag state grants permission.

Territorial Sea (12 Nautical Miles)

• Coastal states can establish a territorial sea of up to 12 nautical miles from their baseline.
• The outer limit is defined as a line where every point is equally distant from the baseline
• Territorial seas of opposite or adjacent coasts cannot extend beyond the median line without an agreement

Features of the Territorial Sea

• Foreign vessels possess the right of innocent passage through territorial waters if they do not threaten the coastal state.
• Coastal states can temporarily suspend innocent passage in certain areas for security or military exercises
• Coastal states can enforce criminal laws on foreign ships within their territorial sea
• Civil laws apply only when a vessel is passing through after leaving internal waters
• Ships can pass through international straits freely for navigation via transit passage
• Coastal states can create laws on navigation safety, pollution control, fishing, customs, immigration, and health regulations.

Contiguous Zone (24 Nautical Miles)

• The contiguous zone is an intermediary area between the Territorial Sea and the High Seas
• It extends up to 24 nautical miles from the baseline.
• It allows the coastal state to enforce laws related to customs, fiscal matters, immigration control, sanitary regulations, and national security matters
• Coastal states can monitor and regulate activities that may lead to armed violence or weapons smuggling
• Authorities can take preventive measures against armed maritime security activities within 24 nautical miles
• Contiguous zones align with customs enforcement measures to prevent illegal arms movement into ports and waters.

Exclusive Economic Zone (EEZ) (200 Nautical Miles)

• The EEZ is an intermediary maritime zone between the Territorial Sea (12 NM) and the High Seas
• It extends up to 200 nautical miles from the baseline.
• The coastal state has exclusive control over exploring and exploiting natural resources, conserving marine life, managing fisheries, and economic activities
• Foreign vessels retain general navigation rights, but economic activities require coastal state approval
• The coastal state can take necessary enforcement actions to protect its economic assets, including boarding and inspecting vessels
• Arresting violators of EEZ regulations and undertaking judicial proceedings to ensure compliance with international laws are also included

The High Seas

• The High Seas are all ocean areas beyond national maritime zones; therefore, they do not fall under any state's jurisdiction
• All states have equal rights to use the High Seas freely, and vessels are governed by the laws of the country whose flag they fly

The Area (International Seabed)

• "The Area" refers to the seabed, ocean floor, and subsoil beneath the High Seas
• This excludes parts claimed as an Extended Continental Shelf (beyond 200 nautical miles)
• The resources of The Area are considered the common heritage of mankind
• No individual country can claim sovereignty
• It must benefit all states, particularly developing nations
• Any exploration or exploitation must comply with international laws under the International Seabed Authority (ISA).

Airspace Rights Over Maritime Zones

• Coastal states control airspace over internal waters and the territorial sea
• Exclusive Economic Zones (EEZ), and high seas allow free overflight, ensuring global connectivity
• Airspace rights are governed by UNCLOS and international aviation rules
• Coastal State Authority: Full sovereignty, including airspace with no right of innocent passage in Internal Waters & Territorial Sea (12 NM)
• Freedom of Overflight - for Exclusive Economic Zone (EEZ, 200 NM): Coastal states have resource rights, but airspace remains open to all under international law
• Complete freedom of overflight for all states, following international aviation regulations in High Seas

Freedom of Navigation

• The right of all states to navigate international waters freely
• Ensures global trade and security
• High Seas have unrestricted navigation with no state control
• EEZ are managed by Coastal states, but passage cannot be hindered

Rights of Innocent Passage

• Passage through territorial waters must be continuous, expeditious, and not threaten the coastal state
• Prohibited activities include no force, weapons exercises, espionage, unauthorized fishing, or pollution.

Landlocked States

• A "land-locked State" has no sea-coast
• It is entirely surrounded by land or only has access to enclosed seas through other countries

Rights of Landlocked States

• Right to Access the Sea (Article 125): Countries without a coastline (landlocked states) have the right to travel to and from the sea
  • They can transport goods and people through other countries (transit states) using any form of transport
  • The exact rules for transit must be agreed upon between the landlocked and transit countries
• Customs and Taxes (Article 127): Vehicles and transport used by landlocked countries should not be charged higher taxes than those used by the transit country itself
• Equal Treatment in Ports (Article 131): Ships from landlocked countries must be treated the same as other foreign ships when they use seaports
• Fishing and Marine Resources (Article 69): Landlocked countries have the right to share in the extra fish and marine resources of nearby coastal countries
  • The details of how this works must be agreed upon by the countries involved
  • The agreement should consider the impact on local fishing communities, other landlocked countries, and food needs.

Limitations of Landlocked States

• Limited Access to Global Trade Routes leading to Higher Transportation Costs, Dependency on Transit Countries & Limited Market Access
• Limited Access to Resources leading to No Marine Resources and High Export Costs
• Challenges in Tourism because there are No Coastal Attractions and Reliance on Neighbors
• Political and Security Implications such as Vulnerability to Conflicts and Limited Global Influence
• Infrastructure and Development Challenges leading to Higher Infrastructure Costs and Limited Access to Technology.

Archipelagic States

• A State constituted wholly by one or more archipelagos and may include other islands
• The name derives from the Greek words "arkhi" (chief) and "pelagos" (sea), reflecting its historical use as a name for the Aegean Sea

Famous Archipelagos

• Indonesian Archipelago: Largest in the world, 17,000+ islands
• The Philippines: 7,000+ islands in the Pacific Ocean
• Hawaiian Islands: Volcanic, rich in biodiversity
• British Isles: Includes Great Britain and Ireland

Rights of Archipelagic States

• Archipelagic Baselines (Article 47): An archipelagic state can draw straight baselines connecting its outermost islands and reefs
• The total water area inside the baselines must be between 1:1 and 9:1 compared to land
• Baselines must follow the natural shape of the archipelago and cannot block another country's sea access
• Sovereignty Over Waters & Airspace (Article 49): The state has full control over the waters, airspace, seabed, and resources within its baselines.
• This includes regulating activities like fishing, navigation, and resource extraction
• Defining Internal Waters (Article 50): The state can set boundaries within its waters, defining internal zones

Archipelagic States (Cont.)

• Respect for Agreements & Submarine Cables (Article 51): The state must respect existing agreements with neighboring countries, including fishing rights
• It must allow maintenance of underwater cables passing through its waters
• Innocent Passage (Article 52): All foreign ships can pass through archipelagic waters peacefully without threat
• The state can temporarily restrict passage for security reasons
• Archipelagic Sea Lanes (Article 53): The state can designate official sea lanes for international ships and aircraft
• Ships and planes must stay within 25 nautical miles of the designated route
• Foreign vessels can use traditional international routes if no sea lanes are designated

Limitations of an Archipelagic State

• Geographic Isolation and Infrastructure Challenges hindering transportation and communication between islands
• Vulnerability to Natural Disasters and Environmental Degradation because archipelagic states are often located in disaster-prone regions
• Limited Resources and Economic Dependency, with many archipelagic nations having limited natural resources and challenges in managing their Exclusive Economic Zones (EEZs)
• Political Fragmentation and Governance Challenges, with the dispersion of islands leading to political fragmentation and making it difficult to implement cohesive national policies
• National Security and Sovereignty Issues leading Protecting vast maritime territories
• Legal and Territorial Disputes leading territorial disputes with neighboring countries
• Economic Development and Investment Challenges because the geographic isolation of islands limits market access, making trade and economic diversification difficult

Peninsular States

• A peninsula is a piece of land that is almost entirely surrounded by water but is connected to the mainland on one side
• The word "peninsula" comes from the Latin words "paene" (almost) and "insula" (island), reflecting its resemblance to an island, but with a land connection

Peninsular States -UNCLOS Rights

• Full Territorial Sea (12 Nautical Miles) per Article 3: Peninsular states can claim a 12-nautical-mile territorial sea extending from their coastline and have sovereignty over airspace, waters, and the seabed
• Exclusive Economic Zone (EEZ) and Continental Shelf Claims per Article 55: A peninsula can establish an Exclusive Economic Zone (EEZ) extending 200 nautical miles from its baseline and have exclusive rights to explore, exploit, conserve, and manage marine resources
• The continental shelf may extend further (up to 350 nautical miles) if the country provides geological evidence that the seabed forms an Article 76
• Control Over Adjacent Straits and Chokepoints per Articles 34-35

Advantages of Peninsular States

• Direct Access to Sea Trade and Resources: Peninsular states benefit from seaports, fishing grounds, and offshore energy reserves, participating in global maritime trade without depending on transit
• Strategic Maritime Positioning for Defense and Economic Activities: Peninsular states can strategically position naval bases to protect coastline and assert control.

Challenges Faced by Peninsular States

• Potential Maritime Disputes with Neighboring States: Disagreements may arise over maritime boundaries, EEZ claims, and resource exploitation given close proximity or if a peninsula is close to another country's coast
• Overlapping EEZ Claims with Other Coastal States: Overlapping claims may arise when EEZs extend 200 nautical miles multiple peninsular states are in close proximity which could lead to diplomatic tensions.

Conclusion

• UNCLOS establishes maritime laws, defining national rights over seas, ensuring resource management, and resolving disputes. It promotes sovereignty, freedom of navigation, and international cooperation to maintain maritime stability and security.