Module VI

The Law of the Sea

• THE LAW OF THE SEA
• Matters such as navigational rights, sea mineral claims and coastal
waters jurisdiction
• Concepts like Territorial Sea, Continental Shelf, Exclusive Economic
Zones explained
• UN Convention on the Law of the Sea (UNCLOS) 1982
• Disputes in the Sea and International Tribunal for the Law of the Sea
The Four “Geneva Conventions” on the Law of the Sea1958

These are not the humanitarian Geneva Conventions of 1949, these

are the 1958 Geneva Conventions on the Law of the Sea adopted by
UN.
In 1958, the first United Nations Conference on the Law of the Sea
adopted four separate treaties to codify customary international law
governing maritime zones and state rights.
Convention on the Territorial Sea and the Contiguous Zone
• Defined the breadth of the territorial sea (though no agreement on
an exact limit , often 3–12 nautical miles).
• Established innocent passage rights for foreign ships.
• Recognized a contiguous zone (up to 12 nm beyond the territorial
sea) for limited enforcement purposes (customs, fiscal, immigration,
health).
Convention on the High Seas
• Affirmed the principle of freedom of the high seas (navigation,
fishing, overflight, laying submarine cables, etc.).
• Established that high seas are open to all states, with no sovereignty
claims.
• Addressed piracy, slave trade, and right of visit.
• Convention on the Continental Shelf
• Recognized sovereign rights of coastal states over the continental
shelf for exploring and exploiting natural resources (mainly seabed
minerals and sedentary species).
• Defined the continental shelf as the seabed to a depth of 200
meters or beyond, if exploitation was possible.
• Convention on Fishing and Conservation of Living Resources
of the High Seas
• Focused on conservation and management of fish stocks.
• Required states to cooperate on conservation measures when
their nationals exploited the same stocks.
 The United Nations Convention on the Law of the Sea
(UNCLOS), 1982

• Adopted: 1982, Montego Bay, Jamaica; Entered into force: 1994

• Often called: “The Constitution of the Oceans”
• India ratified: 1995
Key Features:
1. Integrates and expands on the 1958 Geneva Conventions.
2. Defines maritime zones and jurisdictional boundaries
comprehensively.
3. Balances coastal state rights and freedoms of navigation.
4. Creates institutions for dispute settlement (notably ITLOS).
5. Emphasizes peaceful use of oceans, environmental protection, and
equitable resource sharing.
 UN Convention on the Law of Seas, 1982

ØTerritorial sea (Arts. 2-3, 17),

ØContiguous zone (Art. 33),
ØExclusive Economic Zones (Arts. 55-75),
ØContinental shelf (Arts. 76-85),
ØHigh seas freedoms (Arts. 86-120),
ØPart XI (The Area / deep seabed regime),
ØPart XV and Annexes (dispute settlement) (Arts. 290-292).
Territorial Sea (UNCLOS Articles 2-3, 17)
• Coastal state sovereignty over the sea, seabed, subsoil and airspace up to
12 nautical miles from the baseline. (Article 3).
• Coastal state may regulate, legislate, and enforce domestic law subject to
the foreign vessel’s right of innocent passage (Article 17).
• Innocent passage is passage not prejudicial to the peace, good order or
security of the coastal state. This means that the ships may traverse so long
as passage is not prejudicial to the coastal state.
• Full sovereignty.
Contiguous Zone (Article 33)
• This is up to to 24 nm from baseline (i.e., 12 nm beyond the territorial sea).
• It is for the limited enforcement: customs, fiscal, immigration, sanitary - to
prevent/ punish infringement of laws within the territorial sea.
• Enforcement zone.
Exclusive Economic Zone: EEZ (Arts. 55-75)
• Up to 200 nm from the baseline.
• The coastal state has sovereign rights to explore, exploit, conserve, and manage natural
resources of the waters, seabed and subsoil (living and non-living). i.e. Resource Rights.
• Other states retain freedoms (navigation, overflight, laying of cables/pipelines, and other
internationally lawful uses of the sea).
• In the EEZ, the coastal state exercises resource jurisdiction (fisheries, oil/gas in seabed) but
cannot unilaterally bar innocent navigation or peaceful uses by other states.

Continental Shelf (Arts. 76-85)

• The seabed and subsoil of the submarine areas that extend to the outer edge of the
continental margin, or at least 200 nm where the margin does not extend so far.
• States can submit scientific data to the Commission on the Limits of the Continental Shelf
(CLCS) to establish entitlement beyond 200 nm (up to limits in Article 76). –upto 350 NM.
• Here rights are over seabed-not the water column (that may be subject to other states’
rights) i.e. Seabed Rights
• High Seas (Arts. 86-120): Waters beyond national jurisdiction (outside
EEZ/continental shelf limits). High seas are governed by freedoms (navigation,
fishing, scientific research) and are res communis : open to all.
• Freedom/No sovereignty.

E.g. if you are standing on a coastline:

ØTerritorial Sea (up to 12 nm) : full sovereignty.

ØEEZ (12–200 nm) :rights over living and non-living resources.
ØContinental Shelf (may go beyond 200 nm) :rights over the seabed and minerals
below it. So, a coastal state might have a continental shelf that extends beyond its
EEZ, but it does not control the water column above that extended part, that
remains high seas.
• EEZ = Zone for economic control (water + seabed) up to 200 nm.
• Continental Shelf = Zone for seabed and subsoil rights that may
extend beyond 200 nm.
Sea-mineral claims (seabed & “The Area”)
• Within continental shelf / EEZ: coastal states have primary rights to
seabed resources (oil, gas, minerals). (Arts. 56, 77).
• Beyond national jurisdiction (“The Area”): the deep seabed is
governed by a common heritage of mankind regime (Part XI).
• The International Seabed Authority (ISA) administers
exploration/exploitation licences and seeks to ensure benefits are
shared. (UNCLOS Part XI).
 Navigational rights

• Innocent passage through territorial seas: ships may traverse so long as passage
is not prejudicial to the coastal state (Art. 17).
• Transit Passage through International Straits: Transit passage refers to the right
of all ships and aircraft to move continuously and expeditiously through
international straits that connect one part of the high seas or an Exclusive
Economic Zone (EEZ) to another. Even though these straits may lie within the
territorial sea of a coastal state, that state cannot suspend or obstruct this
passage. Coastal states can make laws for safety and environmental protection,
but the main idea is to protect global freedom of navigation through vital routes .
[ Articles 37-44 of UNCLOS (1982), balances international transit rights with
coastal state security interests.]
 Flag State vs. Coastal State
• Flag State: This is the country where a ship is registered or “flags”. Under UNCLOS Article 92, a ship
on the high seas is subject to the exclusive jurisdiction of its flag state. The flag state is responsible
for enforcing laws on the ship, including safety standards, labor conditions, and criminal jurisdiction
over crimes committed on board.
• For example, an Italian-flagged ship sailing in international waters is primarily under Italian law.
• Coastal State: This is the state whose waters the ship enters e.g., territorial sea (up to 12 nautical
miles), contiguous zone, or EEZ. Coastal states have limited jurisdiction over foreign ships depending
on the zone:
• Territorial Sea: Coastal state has full sovereignty, but foreign ships enjoy innocent passage
(UNCLOS Art. 17).
• EEZ: Coastal state has sovereign rights over resources, but foreign ships maintain freedom of
navigation.
• High Seas: Coastal state generally has no jurisdiction, except in cases like piracy or violations of
international law.
• Flag state = law of the ship
• Coastal state = law of the waters entered
• Disputes arise when both claim authority, especially in territorial seas
or contiguous zones.
• Archipelagic Sea Lanes Passage:
Archipelagic sea lanes passage
applies to archipelagic states:
countries made up of island
groups like Indonesia or the
Philippines. These states can draw
straight archipelagic baselines
around their outermost islands,
making the waters inside part of
their sovereignty. However, to
ensure international navigation,
foreign ships and aircraft are
guaranteed the right of
continuous and unobstructed
passage through designated sea
lanes and air routes connecting
one part of the high seas or EEZ to
another. (Articles 53-54 of
UNCLOS (1982))
• Dispute settlement & International Tribunal for the Law of the
Sea (ITLOS)
• Created by UNCLOS (Annex VI)
• Tribunal seated in Hamburg
• Deals with disputes concerning interpretation/application of UNCLOS,
prompt release, provisional measures, and has a Seabed Disputes Chamber
for Part XI matters.
• It provides specialized, expedited adjudication in maritime disputes.
• Other fora: ICJ, Annex VII arbitral tribunals, special arbitral tribunals.
 Coastal waters jurisdiction: layered model
ØSovereignty (territorial sea)
ØEnforcement zone (contiguous zone)
ØResource rights (EEZ)
ØSeabed rights (continental shelf)
ØFreedom/no-sovereignty (high seas).
Each zone carries specific legal powers and limitations under UNCLOS.
 Enrica Lexie Case (Italy v. India, 2020)
• On 15 February 2012, the Italian-flagged oil tanker Enrica Lexie, while navigating
approximately 20.5 nautical miles off the coast of Kerala, India, was approached by the
Indian fishing vessel St. Antony.
• Two Italian marines aboard the Enrica Lexie fired upon the St. Antony, resulting in the
deaths of two Indian fishermen. The marines were on official duty as part of the ship's
security team. The incident occurred within India's Exclusive Economic Zone (EEZ) but
outside its territorial sea.
• The central legal question was whether India had the jurisdiction to prosecute the Italian
marines for the killings, given that the incident occurred in international waters and
involved personnel exercising official duties under Italian authority.
• Italy contended that the marines enjoyed functional immunity and that India violated its
freedom of navigation under the United Nations Convention on the Law of the Sea
(UNCLOS).
• Conversely, India argued that the incident took place within its EEZ, granting it jurisdiction
over the matter.
In May 2020, the Permanent Court of Arbitration (PCA) issued its final
award:
• Immunity of the Marines: The tribunal upheld the functional
immunity of the Italian marines, affirming that they were acting
within the scope of their official duties and thus entitled to immunity
from Indian jurisdiction.
• India's Responsibility: India was found to have violated Italy's freedom
of navigation under UNCLOS by directing the Enrica Lexie into its
territorial sea and by exercising jurisdiction over the marines.
• Compensation: Italy was held liable for the deaths of the Indian
fishermen and was ordered to compensate India for the loss of life,
physical harm, material damage to property (including the St.
Antony), and moral harm suffered by the captain and other crew
members.