Issue I: Legal Definition, Geographic Extent, and Evolution of the Continental

Shelf

Rules The concept of the Continental Shelf (CS) originated in positive law with the 1945
Truman Proclamation, where the U.S. asserted jurisdiction over the natural resources of the
subsoil and seabed contiguous to its coasts. This was later codified in the 1958 Geneva
Convention on the Continental Shelf, which defined the shelf based on a depth of 200
meters or the "exploitability test"—the depth to which natural resources could be exploited.

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) refined this in
Article 76, defining the CS as the seabed and subsoil extending throughout the natural
prolongation of a state's land territory to the outer edge of the continental margin, or to a
distance of 200 nautical miles (NM) from the baselines where the margin does not extend
that far. The continental margin itself comprises the shelf, the slope, and the rise.

Analysis The transition from the 1958 "exploitability" criterion to the 1982 definition was a
compromise between technologically advanced and developing states. Under the modern
regime, every coastal state is entitled to an automatic 200 NM shelf regardless of geological
configuration. Where the physical margin extends further, a state may claim an extended
continental shelf up to a maximum of 350 NM from the baselines or 100 NM from the
2,500-meter isobath.

Islands generate their own CS, but "rocks" which cannot sustain human habitation or
economic life of their own are explicitly excluded from having a CS. Furthermore, artificial
islands and installations do not possess the status of islands and have no CS of their own.

Issue II: Nature of Coastal State Rights and Jurisdictional Competence

Rules Under Article 2 of the 1958 Convention and Article 77 of the 1982 Convention, a
coastal state exercises sovereign rights over the CS for the purpose of exploring it and
exploiting its natural resources. These resources include minerals, non-living resources of
the seabed/subsoil, and sedentary species (organisms which are immobile or move only in
constant physical contact with the seabed).

Analysis The International Court of Justice (ICJ) in the North Sea Continental Shelf Cases
(1969) affirmed that these rights exist ipso facto and ab initio by virtue of sovereignty over
the land. They are exclusive, meaning that if the coastal state does not explore or exploit the
area, no one else may do so without its express consent. These rights are inherent and do not
depend on occupation or express proclamation.

However, these rights are functional and limited:

 Superjacent Waters: The rights of the coastal state over the CS do not affect the
legal status of the superjacent waters (which may be EEZ or High Seas) or the
airspace above them.
 Installations: The coastal state has the exclusive right to authorize and regulate
drilling and the construction of installations, but these must not cause unjustifiable
interference with international navigation or recognized sea lanes.
  Submarine Cables: Other states retain the freedom to lay submarine cables and
pipelines on the CS, although the delineation of their course is subject to the coastal
state's consent.
 The Area (Beyond 200 NM): For exploitation of non-living resources beyond the
200 NM limit, states must make payments or contributions in kind to the
International Seabed Authority, which distributes them to state parties on an
equitable basis, particularly to developing and land-locked states.

Issue III: Delimitation of the Continental Shelf between Opposite and

Adjacent States

Rules The 1958 Convention (Article 6) provided that delimitation should be settled by
agreement; failing that, the principle of equidistance applied unless "special circumstances"
justified another boundary. The 1982 Convention (Article 83) modified this, stating that
delimitation must be effected by agreement on the basis of international law to achieve an
equitable solution.

Analysis The jurisprudence has evolved significantly:

1. North Sea Continental Shelf Cases (1969): The ICJ held that the equidistance
method was not a mandatory rule of customary international law for states not
party to the 1958 Convention. Instead, delimitation should follow equitable
principles, taking into account the natural prolongation of land territory and factors
like the proportionality of coastline lengths.
2. Libya/Malta Case (1985): The Court established that the distance criterion (200
NM) has become part of customary international law, largely replacing the purely
geological concept of natural prolongation within that distance.
3. Somalia v. Kenya (2021): The Court applied the modern "Three-Stage
Methodology":
o Stage 1: Establish a provisional equidistance line.
o Stage 2: Consider relevant circumstances (e.g., concavity of the coast, "cut-
off" effects) that might require adjusting the line to reach an equitable result.
o Stage 3: Apply the disproportionality test to ensure the ratio of coastal
lengths to allocated maritime areas is not significantly disproportionate.

In the Somalia v. Kenya case, the Court found that while the two states' coasts were relatively
straight, the broader geographical configuration (including Tanzania's coast) created a
concavity that caused a "cut-off" effect for Kenya, justifying an adjustment of the
equidistance line.

Issue IV: Legal Status of the Extended Continental Shelf and Commission
Oversight
Rules States claiming a CS beyond 200 NM must submit scientific and technical data to the
Commission on the Limits of the Continental Shelf (CLCS). The limits established by a
state based on the Commission's recommendations are final and binding.

Analysis In the Somalia v. Kenya case, both parties claimed a shelf extending to 350 NM.
The ICJ determined that a lack of final delineation by the CLCS is not an impediment to a
court's ability to delimit the boundary between two states. The Court extended the geodetic
line used for the 200 NM zone into the area beyond 200 NM until it reaches the outer limits
of the states' shelves or the rights of third states. This may create a "grey area" where one
state's 200 NM zone overlaps with another's extended CS.

Issue I: Legal Definition and Identification of Archipelagic States

Rule Under Article 46 of the 1982 United Nations Convention on the Law of the Sea
(UNCLOS), an archipelagic state is a state constituted wholly by one or more archipelagos
and may include other islands,. An archipelago is defined as a group of islands, including
parts of islands, interconnecting waters, and other natural features which are so closely
interrelated that they form an intrinsic geographical, economic, and political entity, or
which historically have been regarded as such,.

Analysis The sources emphasize that only an archipelagic state can draw archipelagic
baselines around an archipelago. This definition excludes mainland states that possess non-
coastal archipelagos, such as Denmark, Norway, and Ecuador. Consequently, such states
cannot use the archipelagic baseline system for their outlying island groups,. The definition is
broad enough to include states that may not traditionally view themselves primarily as
archipelagic, such as the United Kingdom, Japan, and New Zealand.

Issue II: Construction and Validity of Archipelagic Baselines

Rule Article 47 of the 1982 Convention provides that archipelagic states may draw straight
archipelagic baselines joining the outermost points of the outermost islands and drying
reefs,,. These lines serve as the basis for measuring the territorial sea, contiguous zone,
exclusive economic zone (EEZ), and continental shelf,,. The drawing of these baselines is
subject to several strict statutory conditions:

 The ratio of land area to water area must be between 1:1 and 1:9,,.
 The length of any single baseline must not exceed 100 nautical miles (NM), though
up to 3% of the total number of lines may reach a maximum of 125 NM,,.
 The baselines must include the main islands and must not depart appreciably from
the general configuration of the archipelago,,,,.
 Baselines cannot be drawn to and from low-tide elevations unless lighthouses or
similar installations are built on them, or the elevation is within the territorial sea of
the nearest island,,.
 The system must not be applied in a way that cuts off the territorial sea of another
state from the High Seas or its EEZ,,,.
Analysis The validity of these baselines depends on compliance with international law and
proper publicity; states must clearly indicate the system on charts or lists of geographical
coordinates and deposit copies with the UN Secretary-General,,. For computing the land-to-
water ratio, "land" may include waters within the fringing reefs of islands and atolls,.
Historically, the use of straight baselines was influenced by the International Court of Justice
(ICJ) judgment in the Anglo-Norwegian Fisheries Case, which allowed departures from the
low-water mark due to peculiar geographical circumstances, such as deeply indented
coastlines or fringes of islands,.

Issue III: Legal Status and Sovereignty over Archipelagic Waters

Rule The waters enclosed by archipelagic baselines are known as archipelagic waters,,.
Under Article 49, an archipelagic state has sovereignty over these waters, regardless of their
depth or distance from the coast,,. This sovereignty extends to the superjacent airspace, the
subjacent seabed and subsoil, and all resources contained therein,,.

Analysis Archipelagic waters are distinct from internal waters; however, an archipelagic
state may draw closing lines across river mouths, bays, and ports on individual islands to
designate those specific areas as internal waters,,. Sovereignty over archipelagic waters is not
absolute and is subject to the rights of third states. Specifically, the state must:

 Respect existing agreements and recognize traditional fishing rights and other
legitimate activities of immediately adjacent neighboring states in certain areas of the
waters,.
 Permit the maintenance, repair, and replacement of existing submarine cables laid
by other states that pass through the waters without making a landfall,.
 Respect existing rights and legitimate interests if a part of the archipelagic waters lies
between two parts of an immediately adjacent neighboring state,,.

Issue IV: Navigational Regimes and Passage through Archipelagic Waters

Rule The 1982 Convention establishes two types of passage through archipelagic waters:

1. Innocent Passage: Ships of all states enjoy the right of innocent passage, which can
only be suspended temporarily in specified areas for security reasons after due
publicity,,,.
2. Archipelagic Sea Lanes Passage: Under Article 53, the state may designate sea
lanes and air routes suitable for continuous, expeditious, and unobstructed transit
between parts of the High Seas or EEZ,,,,.

Analysis Archipelagic sea lanes passage is a more robust right than innocent passage; it
applies to both ships and aircraft and may not be suspended,,. If the archipelagic state fails
to designate such sea lanes, the right of passage may be exercised through the routes
normally used for international navigation,. Ships and aircraft in transit must comply with
international safety and pollution regulations and refrain from any threat or use of force
against the archipelagic state,,. Foreign nuclear-powered ships and ships carrying inherently
dangerous substances must carry necessary documents and observe special precautionary
measures when exercising the right of innocent passage through these waters,,.

Issue I: Legal Definition and Identification of Archipelagic States

Rule Under Article 46 of the 1982 United Nations Convention on the Law of the Sea
(UNCLOS), an archipelagic state is a state constituted wholly by one or more archipelagos
and may include other islands,. An archipelago is defined as a group of islands, including
parts of islands, interconnecting waters, and other natural features which are so closely
interrelated that they form an intrinsic geographical, economic, and political entity, or
which historically have been regarded as such,.

Analysis The sources emphasize that only an archipelagic state can draw archipelagic
baselines around an archipelago. This definition excludes mainland states that possess non-
coastal archipelagos, such as Denmark, Norway, and Ecuador. Consequently, such states
cannot use the archipelagic baseline system for their outlying island groups,. The definition is
broad enough to include states that may not traditionally view themselves primarily as
archipelagic, such as the United Kingdom, Japan, and New Zealand.

Issue II: Construction and Validity of Archipelagic Baselines

Rule Article 47 of the 1982 Convention provides that archipelagic states may draw straight
archipelagic baselines joining the outermost points of the outermost islands and drying
reefs,,. These lines serve as the basis for measuring the territorial sea, contiguous zone,
exclusive economic zone (EEZ), and continental shelf,,. The drawing of these baselines is
subject to several strict statutory conditions:

 The ratio of land area to water area must be between 1:1 and 1:9,,.
 The length of any single baseline must not exceed 100 nautical miles (NM), though
up to 3% of the total number of lines may reach a maximum of 125 NM,,.
 The baselines must include the main islands and must not depart appreciably from
the general configuration of the archipelago,,,,.
 Baselines cannot be drawn to and from low-tide elevations unless lighthouses or
similar installations are built on them, or the elevation is within the territorial sea of
the nearest island,,.
 The system must not be applied in a way that cuts off the territorial sea of another
state from the High Seas or its EEZ,,,.

Analysis The validity of these baselines depends on compliance with international law and
proper publicity; states must clearly indicate the system on charts or lists of geographical
coordinates and deposit copies with the UN Secretary-General,,. For computing the land-to-
water ratio, "land" may include waters within the fringing reefs of islands and atolls,.
Historically, the use of straight baselines was influenced by the International Court of Justice
(ICJ) judgment in the Anglo-Norwegian Fisheries Case, which allowed departures from the
low-water mark due to peculiar geographical circumstances, such as deeply indented
coastlines or fringes of islands,.
Issue III: Legal Status and Sovereignty over Archipelagic Waters

Rule The waters enclosed by archipelagic baselines are known as archipelagic waters,,.
Under Article 49, an archipelagic state has sovereignty over these waters, regardless of their
depth or distance from the coast,,. This sovereignty extends to the superjacent airspace, the
subjacent seabed and subsoil, and all resources contained therein,,.

Analysis Archipelagic waters are distinct from internal waters; however, an archipelagic
state may draw closing lines across river mouths, bays, and ports on individual islands to
designate those specific areas as internal waters,,. Sovereignty over archipelagic waters is not
absolute and is subject to the rights of third states. Specifically, the state must:

 Respect existing agreements and recognize traditional fishing rights and other
legitimate activities of immediately adjacent neighboring states in certain areas of the
waters,.
 Permit the maintenance, repair, and replacement of existing submarine cables laid
by other states that pass through the waters without making a landfall,.
 Respect existing rights and legitimate interests if a part of the archipelagic waters lies
between two parts of an immediately adjacent neighboring state,,.

Issue IV: Navigational Regimes and Passage through Archipelagic Waters

Rule The 1982 Convention establishes two types of passage through archipelagic waters:

1. Innocent Passage: Ships of all states enjoy the right of innocent passage, which can
only be suspended temporarily in specified areas for security reasons after due
publicity,,,.
2. Archipelagic Sea Lanes Passage: Under Article 53, the state may designate sea
lanes and air routes suitable for continuous, expeditious, and unobstructed transit
between parts of the High Seas or EEZ,,,,.

Analysis Archipelagic sea lanes passage is a more robust right than innocent passage; it
applies to both ships and aircraft and may not be suspended,,. If the archipelagic state fails
to designate such sea lanes, the right of passage may be exercised through the routes
normally used for international navigation,. Ships and aircraft in transit must comply with
international safety and pollution regulations and refrain from any threat or use of force
against the archipelagic state,,. Foreign nuclear-powered ships and ships carrying inherently
dangerous substances must carry necessary documents and observe special precautionary
measures when exercising the right of innocent passage through these waters,,.

Issue I: Legal Definition and Categories of Straits

Rules Geographically, a strait is a continuous passage between two land masses or islands
connecting two large sea areas. Under international law, international straits are those used
for international navigation as waterways to a substantial extent by commercial or military
ships belonging to states other than the bordering nation(s). The 1982 United Nations
Convention on the Law of the Sea (UNCLOS) establishes a specific legal regime in Part III
for these waterways, which are categorized based on the maritime zones they connect:

 Straits connecting one part of the High Seas or an Exclusive Economic Zone (EEZ)
and another part of the High Seas or an EEZ (Article 37).
 Straits connecting a part of the High Seas or an EEZ and the territorial sea of a
foreign state (Article 45).
 Straits formed by an island of a state bordering the strait and its mainland, where
there exists seaward of the island a route through the High Seas or EEZ of similar
convenience (Article 38(1)).

Analysis The legal status of straits was a "thorny issue" during UNCLOS negotiations
because the extension of the territorial sea to 12 nautical miles (NM) meant that
approximately 116 straits previously containing High Seas corridors would fall entirely
within the territorial sovereignty of coastal states. To balance the interests of maritime powers
(freedom of navigation) and coastal states (security and environmental protection), the
Convention created the Transit Passage regime, which is more permissive than innocent
passage but more regulated than High Seas freedom.

Issue II: The Right of Transit Passage

Rules In straits connecting two parts of the High Seas or EEZ, all ships and aircraft enjoy the
right of transit passage, which shall not be impeded. Under Article 38(2), transit passage is
defined as the exercise of freedom of navigation and overflight solely for the purpose of
continuous and expeditious transit. Crucially, unlike innocent passage in the territorial sea,
transit passage cannot be suspended by the coastal state.

Analysis Transit passage represents a significant limitation on the sovereignty of the coastal
state compared to the regime of innocent passage. The sources highlight three primary
differences:

1. Overflight: Aircraft enjoy the right of transit passage, whereas they have no right of
innocent passage over a state's territorial sea.
2. Submarines: Submarines are permitted to navigate in their "normal mode,"
meaning they may remain submerged during transit, provided they proceed
expeditiously. In contrast, innocent passage requires submarines to navigate on the
surface and show their flag.
3. Nuclear Vessels: While Article 23 requires nuclear-powered ships to carry special
documents and observe precautionary measures during innocent passage, no such
specific restriction is explicitly mirrored in the transit passage rules.

Issue III: Duties of Ships and Aircraft During Transit

Rules Under Article 39, ships and aircraft exercising transit passage must:

 Proceed without delay through or over the strait.

 Refrain from any threat or use of force against the sovereignty, territorial integrity,
or political independence of bordering states.
 Refrain from any activities other than those incident to their normal mode of transit,
unless rendered necessary by force majeure or distress.
 Comply with generally accepted international regulations for safety at sea and the
prevention, reduction, and control of pollution.
 Article 40 explicitly prohibits foreign ships, including marine scientific research and
hydrographic survey vessels, from carrying out any research or survey activities
without prior authorization from the bordering states.

Analysis While the right to transit is robust, it is functional and limited to the purpose of
passage. If a vessel engages in activities not incident to transit (such as unauthorized fishing
or research), the passage is no longer considered an exercise of the right of transit passage. In
such cases, the vessel may become subject to the more restrictive regime of innocent
passage, allowing the coastal state to take necessary steps to prevent such passage.

Issue IV: Rights and Duties of States Bordering Straits

Rules Coastal states bordering straits may adopt laws and regulations regarding transit
passage in four specific areas under Article 42:

1. The safety of navigation and regulation of maritime traffic (including traffic

separation schemes).
2. The prevention of pollution by giving effect to applicable international regulations.
3. The prevention of fishing, including the stowage of gear.
4. The prevention of violations of customs, fiscal, immigration, or sanitary laws.

Analysis The legislative power of the strait state is more restricted than in the general
territorial sea. For example, while a coastal state can unilaterally designate sea lanes for
innocent passage after "taking into account" recommendations, under the transit passage
regime, a state can only designate sea lanes or traffic separation schemes that have been
adopted by a competent international organization. Bordering states are also under a strict
duty not to hamper or discriminate against foreign ships in form or in fact.

Issue V: The Non-Suspendable Innocent Passage Exception

Rules A secondary regime of innocent passage applies to straits that connect the High
Seas/EEZ to the territorial sea of a foreign state, or those formed by an island where an
equally convenient seaward route exists. Under Article 45, this type of passage follows the
standard rules of innocent passage (e.g., no overflight, submarines must surface) with one
major exception: there shall be no suspension of innocent passage through such straits.
Analysis This ensures that even in straits where the more liberal "transit passage" does not
apply, the essential navigational link for third states is protected from arbitrary closure by the
coastal state.

Issue VI: Case Law - The Corfu Channel Case (1949)

Rules The International Court of Justice (ICJ) established the foundational principles for
straits in the ***Corfu Channel Case (United Kingdom v. Albania)***. The Court held that:

 States have a right in time of peace to send their warships through straits used for
international navigation between two parts of the high seas without previous
authorization of a coastal state, provided the passage is innocent.
 Coastal states have no right to prohibit such passage in time of peace.
 Territorial states are under an obligation not to allow their waters to be used for acts
contrary to the rights of other states and must give notice of any known dangers to
navigation (such as mines).

Analysis The Corfu Channel ruling confirmed that the "innocence" of passage is determined
by its manner—as long as the passage is conducted in a fashion that presents no threat to the
coastal state, it must be permitted. This case served as the basis for Article 16(4) of the 1958
Convention, which established the right of non-suspendable innocent passage through straits,
and it continues to underpin the modern transit passage regime in UNCLOS.

The following discussion outlines the comprehensive legal framework governing maritime
zones, established primarily through the 1958 Geneva Conventions and the 1982 United
Nations Convention on the Law of the Sea (UNCLOS).

Issue I: Baselines as the Jurisdictional Starting Point

Rules A baseline is the line dividing land from sea and serves as the starting point for
measuring all maritime zones.

 Normal Baselines: The low-water line along the coast as marked on large-scale
charts officially recognized by the coastal state.
 Straight Baselines: Used where the coastline is deeply indented or where there is a
fringe of islands in the immediate vicinity.
 Archipelagic Baselines: Straight lines joining the outermost points of the outermost
islands and drying reefs of an archipelagic state, provided the land-to-water ratio is
between 1:1 and 1:9.

Analysis The validity of baselines depends on their compliance with international law. In the
Anglo-Norwegian Fisheries Case, the ICJ established that while delimitation is a unilateral
act, its validity regarding other states depends on international law; baselines must not depart
appreciably from the general direction of the coast. Waters on the landward side of the
baseline are internal waters, where the state exercises full sovereignty equivalent to land
territory.

Issue II: Territorial Sea and Contiguous Zone

Rules The territorial sea extends up to 12 nautical miles (NM) from the baseline. The
coastal state possesses sovereignty over the water column, seabed, subsoil, and airspace. This
is subject to the right of innocent passage for foreign ships.

The contiguous zone extends up to 24 NM from the baseline. Within this zone, the coastal
state may exercise control to prevent and punish the infringement of its customs, fiscal,
immigration, or sanitary laws.

Analysis Passage is "innocent" as long as it is not prejudicial to the peace, good order, or
security of the coastal state. In the Corfu Channel Case, the ICJ affirmed that warships have
a right of innocent passage through straits used for international navigation without prior
authorization. Unlike the territorial sea, the contiguous zone is a separate functional zone
where the state exercises only enforcement jurisdiction for specific offenses committed
within its territory or territorial sea.

Issue III: Exclusive Economic Zone (EEZ)

Rules The EEZ is an area beyond and adjacent to the territorial sea extending up to 200 NM
from the baseline. Under Article 56, the coastal state has sovereign rights for exploring,
exploiting, conserving, and managing both living and non-living resources of the seabed and
superjacent waters.

Analysis The EEZ is a zone of sui generis character; it is neither territorial sea nor high seas.
While the coastal state has jurisdiction over artificial islands and marine scientific research
(MSR), it must have due regard for the rights of other states, which retain freedoms of
navigation, overflight, and the laying of submarine cables. In the Libya/Malta Case, the ICJ
confirmed that the EEZ and its 200 NM distance criterion have become part of customary
international law.

Issue IV: Continental Shelf (CS)

Rules The Continental Shelf comprises the seabed and subsoil of the submarine areas
extending throughout the natural prolongation of land territory to the outer edge of the
continental margin, or to 200 NM if the margin does not extend that far. A state may claim an
extended continental shelf up to 350 NM or 100 NM from the 2,500-meter isobath.
Analysis In the North Sea Continental Shelf Cases, the ICJ held that rights over the CS exist
ipso facto and ab initio by virtue of sovereignty over land; they do not depend on
proclamation or occupation. However, for exploitation beyond 200 NM, states must make
payments or contributions in kind to the International Seabed Authority, which are
distributed to state parties on an equitable basis. Modern delimitation follows a three-stage
methodology: establishing a provisional equidistance line, adjusting for relevant
circumstances, and performing a disproportionality test (Somalia v. Kenya).

Issue V: High Seas and "The Area"

Rules The high seas include all parts of the sea not included in the EEZ, territorial sea,
internal waters, or archipelagic waters. They are reserved for peaceful purposes, and no state
may claim sovereignty over any part. The Area refers to the seabed and subsoil beyond the
limits of national jurisdiction.

Analysis The high seas are characterized by freedoms (navigation, fishing, research, etc.).
Ships on the high seas are generally subject to the exclusive jurisdiction of the flag state.
This principle of exclusivity was discussed in the S.S. Lotus Case, though UNCLOS later
restricted penal jurisdiction in collision matters to the flag state or the state of the national
involved. The Area and its resources are designated as the Common Heritage of Mankind,
managed by the International Seabed Authority.

Issue VI: Archipelagic Waters and Straits

Rules Archipelagic waters are the waters enclosed by archipelagic baselines. Straits used
for international navigation are governed by the regime of transit passage, which is the
freedom of navigation and overflight solely for continuous and expeditious transit.

Analysis The archipelagic state has sovereignty over its waters, but must respect existing
agreements and traditional fishing rights of adjacent neighbors. In these waters, foreign
ships enjoy innocent passage (which may be suspended) and archipelagic sea lanes passage
(which may not). Unlike innocent passage, transit passage through straits allows submarines
to navigate in their normal mode (submerged) and aircraft to fly over.

Issue I: Legal Definition and Geographic Scope of Internal Waters

Rules Under Article 5(1) of the 1958 Convention on the Territorial Sea and the Contiguous
Zone and Article 8(1) of the 1982 United Nations Convention on the Law of the Sea
(UNCLOS), internal waters are defined as waters on the landward side of the baseline of the
territorial sea. These waters primarily consist of bays, estuaries, ports, and rivers, as well as
sea areas enclosed by the application of the straight baseline system. For archipelagic
states, internal waters are specifically those waters lying on the landward side of baselines
drawn across river mouths, bays, and ports on individual islands, which are distinct from the
broader category of "archipelagic waters".

Analysis Internal waters serve as the legal boundary between a state's land territory and its
territorial sea. Unlike other maritime zones where jurisdiction is functional or limited,
internal waters are so closely linked to the land domain that they are subject to the same legal
regime as land territory. This geographic scope can be expanded through the use of straight
baselines in localities where the coastline is deeply indented or fringed with islands, a method
validated by the International Court of Justice (ICJ) in the Anglo-Norwegian Fisheries Case.
In that case, the Court observed that sea areas lying within such lines must be sufficiently
closely linked to the land domain to be subject to the regime of internal waters.

Issue II: Legal Status, Sovereignty, and International Obligations

Rules The sovereignty of a coastal state extends beyond its land territory to its internal
waters, including the superjacent airspace, the subjacent seabed, and the subsoil. Access to
a state's internal waters is legally equivalent to access to its territory. While states exercise
territorial sovereignty, this power is subject to international law; specifically, a state is under
an obligation not to allow its territory to be used for acts contrary to the rights of
another state.

Analysis The sovereignty exercised over internal waters is nearly absolute, allowing the
coastal state to treat these waters as part of its land territory for purposes of jurisdiction,
control, and exploitation. However, vessels in distress possess a right of access to foreign
ports and internal waters under Customary International Law. Such vessels are generally
immune from local laws regarding duties, penalties, or taxes during their period of refuge.
Furthermore, while the coastal state has primary jurisdiction, the flag state retains
jurisdiction over its vessels in foreign internal waters, meaning the coastal state's failure to
exercise criminal jurisdiction does not bar the flag state from doing so.

Issue III: Navigational Rights and the Exception to Innocent Passage

Rules The absence of any right of innocent passage is the principal feature distinguishing
internal waters from the territorial sea. However, Article 8(2) of UNCLOS and Article 3(2)
of the 1958 Convention provide a mandatory exception: where the establishment of a straight
baseline encloses areas as internal waters that were not previously considered as such, a right
of innocent passage must be preserved in those waters.

Analysis This statutory exception ensures that a state cannot unilaterally terminate
established international navigation routes by simply redrawing its baselines. Outside of this
exception, access for foreign ships is largely at the discretion of the coastal state. In the
***Land, Islands and Maritime Frontier Dispute (1992)***, the ICJ reaffirmed that rights of
innocent passage are generally inconsistent with a regime of internal waters, though it
recognized the Gulf of Fonseca as an historic bay with the character of internal waters
subject to the co-ownership of three riparian states.
Issue IV: Statutory Rules for Ports, Rivers, and Bays

Rules

 Ports: For delimiting the territorial sea, the outermost permanent harbour works
that form an integral part of the harbour system are regarded as part of the coast. Ports
and their water areas are assimilated to internal waters.
 Rivers: If a river flows directly into the sea, the baseline is a straight line across the
mouth between points on the low-water lines of its banks.
 Bays: A bay is considered internal waters if its area is as large as or larger than a
semi-circle whose diameter is a line drawn across its mouth. If the distance between
the natural entrance points does not exceed 24 nautical miles (NM), a closing line
may be drawn.

Analysis The rules for bays are designed to distinguish between "landlocked waters" and
mere curvatures of the coast. While the 24 NM limit applies to most bays, it does not apply to
historic bays, over which states have exercised authority as internal waters for a considerable
time with the acceptance of other states. For instance, Kenya claims Unguana Bay as an
historic bay. Additionally, the status of ports links the national traffic system with
international sea traffic, but off-shore installations and artificial islands are explicitly
excluded from being considered permanent harbour works.

Issue V: Civil and Criminal Jurisdiction

Rules Foreign merchant vessels in internal waters are subject to the complete civil and
criminal jurisdiction of the coastal state. Under Article 218 of UNCLOS, a port state may
even investigate and institute proceedings regarding pollution discharges that occurred
outside its internal waters or EEZ, provided the vessel entered the port voluntarily. Warships
and government ships operated for non-commercial purposes enjoy sovereign immunity and
may not enter internal waters without prior permission, except in cases of distress.

Analysis The application of local law to foreign vessels is based on the "temporary
allegiance" they owe the territorial sovereign upon entry. While the coastal state has the right
to enforce its laws, it often refrains from doing so unless the consequences of a crime disturb
the peace of the country or the good order of the port. For land-locked states, UNCLOS
provides a right of access to and from the sea, and their ships must be accorded equal
treatment to other foreign ships in maritime ports.

Based on the sources provided, the salient features of the 1982 United Nations Convention on
the Law of the Sea (UNCLOS) and the preceding legal frameworks revolve around the
definition of maritime zones, the rights and duties of states within them, and the mechanisms
for delimiting these areas.
Issue I: Baselines as the Basis for Measurement

Rules The baseline is the starting point for measuring all maritime zones.

 Normal Baselines: The low-water line along the coast as marked on large-scale
charts officially recognized by the coastal state.
 Straight Baselines: Employed in localities where the coastline is deeply indented or
if there is a fringe of islands along the coast in its immediate vicinity.
 Archipelagic Baselines: Drawn by archipelagic states joining the outermost points of
the outermost islands and drying reefs.

Analysis The validity of baselines is governed by international law and cannot depend solely
on the will of the coastal state. As established in the Anglo-Norwegian Fisheries Case,
straight baselines must not depart appreciably from the general direction of the coast, and sea
areas within them must be closely linked to the land domain to be considered internal waters.
For archipelagic states, the ratio of water to land must be between 1:1 and 9:1.

Issue II: The Territorial Sea and the Contiguous Zone

Rules

 Territorial Sea: Every state has the right to establish a territorial sea up to a limit not
exceeding 12 nautical miles (NM) from its baselines.
 Contiguous Zone: An area adjacent to the territorial sea extending up to 24 NM from
the baselines.

Analysis The coastal state exercises sovereignty over the territorial sea, its bed, subsoil, and
airspace. This is balanced by the right of innocent passage for foreign ships. Passage is
"innocent" if it is not prejudicial to the peace, good order, or security of the coastal state. The
Corfu Channel Case affirmed that warships have a right of innocent passage through
international straits in time of peace without prior authorization. In the contiguous zone,
states exercise functional jurisdiction to prevent and punish infringements of customs, fiscal,
immigration, or sanitary laws.

Issue III: The Exclusive Economic Zone (EEZ)

Rules The EEZ is a zone extending up to 200 NM from the baseline. Within this zone, the
coastal state has sovereign rights for exploring, exploiting, conserving, and managing natural
resources, whether living or non-living.

Analysis The EEZ is a sui generis zone, meaning it is neither high seas nor territorial sea.
While the coastal state has jurisdiction over artificial islands, marine scientific research
(MSR), and environmental protection, other states retain freedoms of navigation,
overflight, and the laying of submarine cables. Coastal states are required to determine the
allowable catch of living resources and may grant other states access to the surplus of that
catch.
Issue IV: The Continental Shelf (CS)

Rules The CS comprises the seabed and subsoil extending throughout the natural
prolongation of a state's land territory to the outer edge of the continental margin, or to 200
NM where the margin does not extend that far.

Analysis The North Sea Continental Shelf Cases established that rights over the CS exist
ipso facto and ab initio by virtue of sovereignty over the land; they do not require express
proclamation or occupation. If the physical shelf extends beyond 200 NM, a state may claim
an extended continental shelf up to 350 NM or 100 NM from the 2,500-meter isobath.
Delimitation between adjacent states, such as in Somalia v. Kenya, typically follows a three-
stage methodology: plotting a provisional equidistance line, adjusting for relevant
circumstances (like coastal concavity), and applying a disproportionality test.

Issue V: The High Seas and the Nationality of Ships

Rules The high seas are open to all states and are reserved for peaceful purposes. No state
may validly subject any part of the high seas to its sovereignty.

Analysis The high seas are governed by the freedom of the seas principle, including
navigation, fishing, and MSR. Ships must have a nationality and fly the flag of a single state,
with a "genuine link" existing between the state and the ship. This principle, rooted in the
Nottebohm Case (regarding individuals), ensures the flag state can effectively exercise
jurisdiction and control. Exceptions to exclusive flag state jurisdiction include piracy, slave
trade, and hot pursuit.

Issue VI: The Common Heritage of Mankind ("The Area")

Rules The seabed and ocean floor beyond national jurisdiction is known as "the Area".
UNCLOS declares the Area and its resources to be the Common Heritage of Mankind.

Analysis No state can claim sovereignty over any part of the Area. Activities in the Area are
organized and controlled by the International Seabed Authority (ISA) for the benefit of
mankind as a whole. This regime includes a system for the equitable sharing of financial
and economic benefits.

Issue VII: Navigational Regimes (Straits and Archipelagic Waters)

Rules
  Transit Passage: Applies to straits used for international navigation between one part
of the High Seas/EEZ and another part of the High Seas/EEZ.
 Archipelagic Sea Lanes Passage: Allows for continuous and expeditious transit
through archipelagic waters.

Analysis Transit passage is a more robust right than innocent passage; it cannot be
suspended and includes the right of overflight and the right for submarines to navigate in
their normal mode (submerged). Archipelagic states have sovereignty over their waters,
including the seabed and airspace, but must respect existing agreements and traditional
fishing rights of adjacent neighbors.

Issue I: Legal Definition and Jurisdictional Function of Baselines

Rules A baseline is the legal line from which the outer limit of the territorial sea and all
other maritime zones (contiguous zone, exclusive economic zone, and continental shelf) is
measured,. It marks the boundary between internal waters, located on the landward side, and
the territorial sea, on the seaward side,,. Historically, the low-water mark assumed legal
status during the first conference on the law of the sea and was codified in the 1958
Convention on the Territorial Sea and Contiguous Zone, with its provisions largely
repeated in Articles 5 to 14 of the 1982 UNCLOS.

Analysis Baselines are essential for determining the breadth of a state's maritime jurisdiction
and are the starting point for calculating equidistance when drawing maritime boundaries
with neighboring states,. The choice of baseline method has a direct effect on the extent of a
state's claims; for instance, selecting the low-water line rather than the high-tide line pushes
the limits of all maritime zones further seaward.

Issue II: Normal Baselines and Geographical Variations

Rules The normal baseline is defined as the low-water line along the coast as marked on
large-scale charts officially recognized by the coastal state,. This method is generally used for
coasts that are relatively straight and unindented. For islands situated on atolls or islands
having fringing reefs, the baseline is the seaward low-water line of the reef as indicated by
appropriate symbols on charts,.

Analysis Since low-water marks are not constant and shift daily or seasonally, international
law does not prescribe a specific method for determining them, leaving it to the coastal state
to employ available methods and publish the results for navigators.

Issue III: Straight Baselines and the Influence of Jurisprudence

Rules Under Article 7 of UNCLOS, straight baselines joining appropriate points may be
employed where the coastline is deeply indented or if there is a fringe of islands in its
immediate vicinity,,. This rule is based on the International Court of Justice (ICJ) judgment in
the Anglo-Norwegian Fisheries Case, which established that such lines must not depart
appreciably from the general direction of the coast and that the sea areas within must be
sufficiently closely linked to the land domain to be considered internal waters,,.

Analysis The use of straight baselines is subject to strict limitations:

 They may not be drawn to and from low-tide elevations unless lighthouses or similar
installations are built on them or the practice has received general international
recognition,.
 They must not be applied in a way that cuts off the territorial sea of another state from
the High Seas or an EEZ,.
 If the establishment of a straight baseline encloses waters as internal that were not
previously considered as such, the state must preserve a right of innocent passage in
those waters,,.

Issue IV: Archipelagic Baselines and State Status

Rules An archipelagic state (a state constituted wholly by one or more archipelagos) may
draw straight archipelagic baselines joining the outermost points of its outermost islands
and drying reefs,,. These lines serve as the basis for measuring all maritime zones,. The
drawing of these lines is subject to specific criteria:

 The land-to-water ratio must be between 1:1 and 1:9,,.

 The length of individual baselines must not exceed 100 NM, though 3% of the total
number of lines may reach a maximum of 125 NM,,.
 The baselines must include the main islands and follow the general configuration of
the archipelago,,.

Analysis This special regime is restricted to states that qualify as "archipelagic" and does not
apply to mainland states that possess non-coastal archipelagos, such as Denmark, Norway,
and Ecuador,. Waters enclosed by these baselines are known as archipelagic waters,
although states may still draw closing lines for internal waters across river mouths, bays,
and ports on individual islands,,.

Issue V: Baselines for Specific Coastal Features (Bays, Rivers, and Ports)

Rules

 Mouths of Rivers: If a river flows directly into the sea, the baseline is a straight line
across the mouth between points on the low-water lines of its banks,. In highly
unstable deltas, points may be selected along the furthest seaward extent of the low-
water line,.
  Bays: A bay is legally defined as a well-marked indentation containing landlocked
waters whose area is at least as large as a semi-circle drawn across its mouth,. If the
mouth is 24 NM or less, a closing line may be drawn; if wider, a 24 NM straight
baseline may be drawn within the bay to enclose the maximum water area,. These
rules do not apply to "historic" bays,.
 Ports: The outermost permanent harbour works that form an integral part of the
harbour system are considered part of the coast for baseline purposes, but this does
not include artificial islands or offshore installations,.

Issue VI: Status of Islets, Rocks, and Elevations

Rules

 Islands: Naturally formed land surrounded by water above water at high tide
generates its own territorial sea, contiguous zone, EEZ, and continental shelf,,,.
 Rocks: Rocks which cannot sustain human habitation or economic life of their own
may be used as base points in constructing straight or archipelagic baselines, but they
shall have no EEZ or continental shelf,,,.
 Low-tide Elevations: These are naturally formed land areas above water at low tide
but submerged at high tide,. They can only be used as a baseline for measuring the
territorial sea if they are situated wholly or partly within the breadth of the territorial
sea from the mainland or an island,.

Issue VII: International Validity and Publicity

Rules The delimitation of sea areas is a unilateral act by the coastal state, but its validity
regarding other states depends on compliance with international law. States must clearly
indicate their baseline systems on charts of an adequate scale or by listing geographical
coordinates,,. Due publicity must be given to these charts or lists, and copies must be
deposited with the Secretary-General of the United Nations,,,.