MODULE-III - Law of the Sea-Historical background Maritime Belt-Territorial

Sea-The Contiguous Zone -Exclusive Economic Zone -Continental shelf-The

High Seas -International Sen Bed Area-Law of the Sea Conventions-Piracy-
Antartica- Artie Council Act-Air and Space Law

According to Me Dargel and Burke. "The historic function of the

law of the sea' has long been recognized as that of protecting and balancing the
common interests, inclusive and exclusive of all peoples in the use and enjoyment of
the oceans, while rejecting all egocentric assertions of special interests in
contravention of general community interest."
History of the law of the sea narrates the struggles for and
against the doctrine of free seas. Initially, navigation on the high seas was open to
everybody as were also fisheries, but in the fifteenth and sixteenth centuries - the
periods of great maritime discovery by European navigators-claims were laid by the
powerful maritime states to the exercise of sovereignty from ownership over specific
portions of the open sea. For example, Portugal claimed maritime sovereignty over
the whole of the Indian Ocean and a very great portion of the Atlantic, Spain claimed
rights to herself over the Pacific and the Gulf of Mexico,and Great Britain laid claim to
the Narrow Seas and the North Sea
From Maritime
sovereignty to Freedom of the Sea

Hugo Grotius (1583-1645)- Grotius, the Dutch lawyer who is considered to be the
father of international law, is regarded as the father of the law of the sea as well.
Grotius was one of the first to attack claims to sovereignty over high seas. In his
seminal work on the subject, Mare Liberum (The Freedom of the Seas), published
in 1609, Grotius articulated the principle of the freedom of the seas, meaning that
the sea should be free and open to use by all countries.
His is argument was based on two grounds: •(1) No sea or ocean can be the
property of a nation because it is impossible for any nation effectively to take it into
possession by occupation. •(2) Nature does not give a right to anybody to
appropriate things that may be used by everybody and are exhaustible.

The laws of the Sea were evolved during the time of Grotious and were observed by
the States as customary rules of International law. The entire Sea was divided into
three parts viz. Territorial sea (formerly called as territorial waters), Contiguous
zone and the High Seas. Laws relating to law of the sea were settled up
to nineteenth century. However, certain developments (changes) took place in the
20th century. In 1909, Russia claimed territorial zone up to twelve miles and few
other countries four miles. In 1930, the Hague Codification Conference made an
attempt to codify some aspects of the law of the sea. But its attempt was not
fructified/materialised After Second World War, things began to change very rapidly.
The U.S.A. President Trueman's proclamation/declaration regarding the jurisdiction
over the continental shelf was historic.

In 1967 Maltese Ambassador, Arvid Prdo conducted the survey of the mineral
resources of the seabed and presented/revealed the results of the survey report
before the First Committee of the [Link] Assembly. The report revealed that
the seabed contains oil, gas, minerals, Manganese nodules etc. worth millions and
billions of U.S. Dollars, which will cater the needs of future generations. Later, many
other States, for economic and military interests claimed the breadth of the
territorial sea up to 200 miles. Such claims led to serious conflicts. The three
[Link] on the Law of the Sea viz. The First [Link] on Law of
the Sea, 1958. The Second [Link] on Law of the Sea, 1960 and the
Third [Link] on Law of the Sea, 1982 considerably changed the
situation.

UNCLOS-1

To solve the conflicts between the wide claims of coastal states seeking to protect
their economic interests over large parts of the sea and attempts by major maritime
powers to maintain the status quo on the other, the UN held the first United Nations
Conference on the Law of the Sea (The UNCLOS-I) in Geneva from 24 February
1958 to 27 April 1958. In this conference four treaties were concluded, namely

1) Convention on the Territorial Sea and Contiguous Zone, entry into force 10
September 1964
2) Convention on the Continental Shelf, entry into force from 10 June 1964 3)
Convention on the High Seas, entry into force: 30 September 1962
3) Convention on Fishing and Conservation of Living Resources of the High
Seas, entry into force: 20 March 1966

Although UNCLOS - I was considered a success, it left open the important

issues of breadth of territorial waters, and fishery limits.

UNCLOS-II
After the conclusion of the UNCLOS-1, 1958, the General Assembly of the UN by
resolution adopted on 10 December 1958, asked Secretary-General of the UN to
convene UNCLOS - II to consider unsettled questions. It was held in Geneva from
16 March 1960 to 26 April 1960 with inconclusive results as to the two questions
(breadth of territorial waters and fishery limits),although the conference did approve a
resolution expressing the need for technical assistance to fishing.
UNCLOS-III
The First and Second United Nations Conference on the Law of Sea left unsettled
numerous matters, including in particular:
1) the precise breadth of the territorial sea,
ii)the question of innocent passage for warships at all times through straits
constituting an international maritime highway, and consisting wholly of territorial
waters;
iii) the right of passage through, and over flight in relation to the waters of
archipelagos; and
v) the problem of protection and conservation of marine resources beyond the
territorial sea.

It was only in 1989, with the Vienna Convention, the law of the sea had been evolved
into a hard law from soft law. The United Nations Law of the Sea Convention was
signed by 117 states on December 10, 1982 in Montego Bay, Jamaica. •
The Convention entered into force in on November 16, 1994 after being ratified by 60
states. • The Convention consists of 17 parts with 320 articles and 9 annexes • The
Convention is a comprehensive code of rules of international law on the sea. The
UNCLOS-III had consolidated past treaties codified customary law and put in place
new law for new issues. It was a global agreement as for the first time even land
locked states ere addressed in maritime affairs.

COMMON TERMS OF THE LAW OF THE SEA

MARITIME BELT/ TERRITORIAL SEA

A Territorial Sea is defined by the 1982 UNCLOS III is a belt of coastal waters
extending at most 12 nautical miles from the baseline of a coastal state. The
territorial sea is regarded as the sovereign territory of the state, although foreign
ships are allowed to through at innocent passage this sovereignty also extends to the
airspace over and seabed below.

The term "territorial waters" is also sometimes used informally to describe 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.

The baseline- is a legal construct: an artificial boundary line that determines where a
State's maritime sovereignty and jurisdiction begins and ends. In fact, baselines
determine all areas of maritime jurisdiction. They create a demarcation between
areas where a State has no rights and those where a State does enjoy rights.

According to Art.3 of the convention - Breadth of the territorial sea means - Every
State has the right to establish the breadth of its territorial sea up to a limit not
exceeding 12 nautical miles, measured from baselines determined in accordance
with this Convention
n Anglo-Norwegian Fisheries' Case (1951, ICJ Reports 18): International Court of
Justice observed that the States are not completely free in respect of delimitation of
territorial waters with regard to other States. The International Court of
Justice observed.
The delimitation of the sea areas has always an international aspect, It cannot be
dependent merely upon the will of the coastal State as expressed in its municipal
law. Although it is true that the act of delimitation is necessarily an unilateral act
because only the Coastal State is competent to undertake it, the validity of the
delimitation with regard to other States depends upon international law."
.
Article 4
Outer limit of the territorial sea

The outer limit of the territorial sea is the line every point of which is at a distance
from the nearest point of the baseline equal to the breadth of the territorial sea.
or
The territorial sea is that area of water adjacent to the coast which the coastal state is
permitted by international law to exercise sovereign competency for purpose of 3
things:-
1. Jurisdiction
2. Control
3. Exploitation
Innocent Passage (Art. 19)
Right of a foreign ship to pass through the territorial waters of a coastal state so long
as the passage does not interfere with or prejudices the state's good order, peace,
and security.

In Corfu Channel Case (I.C.J. Rep. (1949) p.4): The International Court of Justice
ruled that during peace time the warships of the other States may pass through the
territorial waters of a State. In this case, the Court ruled that Albania was guilty of
causing loss to the British ships by firing at them or otherwise by laying mines in that
part of the sea and it was, therefore, a clear violation of international law and the
Court gave its verdict that Albania should pay appropriate compensation to Britain for
this violation. Thus it is a well-recognised principle of customary International Law
that foreign merchant vessels have a right of 'innocent passage' through the
territorial waters.
CONTIGUOUS ZONE

The contiguous zone is a band of water extending from the outer edge of the
territorial sea to up to 24 nautical miles (44.4 km; 27.6 mi) from the baseline.

According to Article 33 of the [Link] on the Law of. the Sea, 1982: "in a
zone contiguous to its territorial sea, the coastal State may exercise the control
necessary to (a) prevent infringement of its customs, fiscal, immigration or sanitary
regulations within its territory or territorial sea; (b) punish infringement of the above
regulations committed within its territory or territorial Sea." Thus the e zone imposes
certain restrictions son the freedom the high seas. Further contiguous one may not
extend beyond 24 nautical miles baseline from which the breadth of the territorial sea
is measured.

Indian Position: India has claimed contiguous zone to the extent of twenty four
nautical miles by enacting the Maritime Zones Act of 1976. Section 5 of the Act
envisages that the contiguous zone of India is 'an area beyond and adjacent to the
territorial waters and that the zone extends to a line which is twenty four nautical
miles of the coast.

Exclusive economic zone

An area of coastal water and seabed within a certain distance of a country's

coastline, to which the country claims exclusive rights for fishing, drilling, and other
economic activities.
Exclusive Economic Zone (EEZ) extends not more than 200 nautical miles from the
territorial sea baseline and is adjacent to the 12 nautical mile territorial sea.

Beyond its territorial waters, every coastal country may establish an exclusive
economic zone (EEZ) extending 200 nautical miles (370km) from shore (baseline).
Within the EEZ the coastal state has the right to exploit and regulate fisheries,
construct artificial islands and installations, use the zone for other purposes (e.g., the
generation of energy from waves), and regulate scientific research by foreign
vessels. Otherwise, foreign vessels (and aircraft) are entitled to move freely through
(and over) the zone.

Continental shelf (article 76)

The continental shelf of a coastal State comprises the seabed and subsoil of the
submarine areas that extend beyond its territorial sea throughout the natural
prolongation of its land territory to the outer edge of the continental margin, or to a
distance of 200 nautical miles from the baselines from which the breadth of the
territorial sea is measured where the outer edge of the continental margin does not
extend up to that distance
.
Points of distinction between EEZ and Continental Shelf.

Continental Shelf Exclusive Economic Zone

1. It relates to depth of water [Link] refers/relates to distance of water.
2 It relates only to continental shelf 2. It relates to both continental shelf and
exclusive fisheries zone
3 It extends to both living and 3. It mostly extends to living
resources
non- living resources in the sea

Article 77
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.

Article 79

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..

land-locked State as 'a State which has no sea-coast'. Putting it simply, land-
locked state means a state which has no sea-coast: