Question: Explain the historical context and significance of the Law of the Sea
Convention (UNCLOS) in international maritime law. How has UNCLOS evolved since
its inception, and what are its main objectives?
Before UNCLOS, the oceans were governed by customary international law and the
principle of “freedom of the seas” introduced by Hugo Grotius (1609). As global trade,
fishing, and marine pollution increased, conflicts arose over resource use and
jurisdiction. This led to the need for a uniform international law to regulate all maritime
activities.
Evolution of UNCLOS:
1. UNCLOS I (1958): Adopted four conventions (Territorial Sea, High Seas,
Continental Shelf, and Fishing Rights) but failed to fix the breadth of the territorial
sea.
2. UNCLOS II (1960): Attempted to solve remaining issues but no agreement was
reached.
3. UNCLOS III (1973–1982): Successfully adopted the 1982 Convention, known as
the “Constitution for the Oceans.” It came into force in 1994 after 60 ratifications.
Significance:
Defines the rights and duties of coastal and flag states.
Divides the sea into maritime zones such as Territorial Sea (12 nm), EEZ (200
nm), Continental Shelf, and High Seas.
Balances sovereignty of coastal states with freedom of navigation for others.
Main Objectives:
Promote peaceful use of oceans and fair sharing of resources.
Ensure protection of the marine environment.
Provide dispute resolution through ITLOS and ICJ.
Support international cooperation and scientific research.
In short, UNCLOS 1982 provides the legal framework for all ocean-related activities and
stands as the foundation of modern maritime law.
Question: What is innocent passage? When may this right be suspended, and when
can a coastal state interfere with a foreign ship’s passage through its territorial waters?
Under the United Nations Convention on the Law of the Sea (UNCLOS 1982), all ships,
including those of land-locked states, enjoy the right of innocent passage through the
territorial sea of a coastal state.
1. Meaning of Innocent Passage:
Passage means continuous and expeditious navigation through the territorial sea
for either:
a) Traversing it without entering internal waters, or
b) Proceeding to or from internal waters or a port.
A passage is innocent as long as it is not prejudicial to the peace, good order, or
security of the coastal state.
2. When Passage Is Not Innocent (Article 19):
Passage loses its innocence if a ship commits acts such as:
Use or threat of force against the coastal state.
Weapons exercises or military drills.
Spying, intelligence collection, or propaganda.
Launching or landing aircraft or military devices.
Loading/unloading goods or people in violation of customs or immigration laws.
Deliberate pollution, fishing, or conducting research without permission.
Interfering with communication systems or installations.
3. Suspension of the Right (Article 25):
The coastal state may temporarily suspend innocent passage in specific areas of
its territorial sea for security reasons, such as military exercises or national
defense operations.
The suspension must be non-discriminatory and properly notified to all states.
4. When a Coastal State Can Interfere:
The coastal state may take necessary steps to prevent passage that is non-
innocent or violates its laws.
It can require a warship violating rules to leave immediately.
Jurisdiction may be exercised if:
a) The crime’s effects extend to the coastal state,
b) Public order is disturbed, or
c) Requested by the ship’s flag state.
5. Summary:
Innocent passage ensures free navigation while respecting the coastal state’s
sovereignty. If the passage threatens peace or violates laws, the state may lawfully
interfere or suspend the right.
Question: Explain the significance of transit passage and how it differs from innocent
passage under the United Nations Convention on the Law of the Sea (UNCLOS).
Under UNCLOS (1982), ships and aircraft have the right of transit passage through
international straits that connect one part of the high seas or an Exclusive Economic
Zone (EEZ) to another.
This right ensures continuous and unimpeded navigation for international traffic.
1. Meaning of Transit Passage (Articles 37–39):
Transit passage allows free navigation and overflight solely for the purpose of
continuous and expeditious transit.
It cannot be suspended or restricted by the bordering states.
Applies to all ships and aircraft, including warships and merchant vessels.
Examples: Strait of Hormuz, Strait of Malacca, Bab el-Mandeb, English Channel.
2. Duties During Transit Passage:
While exercising this right, ships and aircraft must:
Proceed without delay through or over the strait.
Avoid any threat or use of force against bordering states.
Refrain from activities unrelated to transit (e.g., fishing or military exercises).
Follow international safety and pollution-prevention rules (e.g., IMO and ICAO
regulations).
3. Difference Between Transit Passage and Innocent Passage:
Basis Innocent Passage Transit Passage
Where it Through territorial sea of a Through international straits
applies coastal state connecting two parts of high seas or
EEZs
Who enjoys it All ships All ships and aircraft
Freedom level Must be innocent (no Unrestricted navigation and
activities harming the overflight for transit purposes
coastal state)
Can it be Yes, temporarily for security No, cannot be suspended
suspended? reasons
Purpose Passage to/from internal Through straits for global navigation
waters or ports and communication
4. Significance:
Transit passage ensures global freedom of navigation and trade, keeping major sea
routes open and secure while maintaining respect for the sovereignty of bordering
states.
Question: Define and differentiate between the maritime zones under UNCLOS —
Territorial Sea, Exclusive Economic Zone (EEZ), Continental Shelf, and High Seas.
Under the United Nations Convention on the Law of the Sea (UNCLOS, 1982), the
oceans are divided into several maritime zones to balance coastal state sovereignty and
international freedom of navigation.
The main zones are as follows:
1. Territorial Sea (Articles 2–12):
Extends up to 12 nautical miles from the baseline.
The coastal state has full sovereignty over this area (like land territory).
However, foreign ships have the right of innocent passage through it.
The state may enforce laws on customs, immigration, and pollution.
2. Exclusive Economic Zone (EEZ) (Articles 55–75):
Extends up to 200 nautical miles from the baseline.
The coastal state has sovereign rights to explore, exploit, conserve, and manage
natural resources — living and non-living — in the water, seabed, and subsoil.
Other states enjoy freedom of navigation and overflight.
3. Continental Shelf (Articles 76–85):
The natural extension of a state’s land territory under the sea, extending to 200
nm, or up to 350 nm where the continental margin goes farther.
The coastal state has sovereign rights for exploring and exploiting seabed
resources (minerals, oil, gas).
Other states may lay cables and pipelines with permission.
4. High Seas (Articles 86–120):
Areas beyond national jurisdiction, belonging to no state.
Open to all states — freedom of navigation, fishing, overflight, and scientific
research.
Governed by the principle of the “Common Heritage of Mankind.”
5. Summary of Differences:
Zone Limit (nm) Sovereignty/Rights Freedom for Others
Territorial Sea 12 Full sovereignty Innocent passage only
EEZ 200 Resource rights only Navigation & overflight
Continental Shelf 200–350 Seabed resource rights Laying cables/pipelines
High Seas Beyond 200 No sovereignty Full international freedom
Question: What is a baseline under UNCLOS? What are the types of baselines, and
how is it determined for an archipelagic or irregular coastline? Give an example using
Bangladesh.
Under the United Nations Convention on the Law of the Sea (UNCLOS, 1982), the
baseline is the line from which the breadth of the territorial sea and other maritime
zones is measured.
1. Purpose of Baseline:
It serves as the starting point to determine maritime boundaries such as the
Territorial Sea (12 nm), EEZ (200 nm), and Continental Shelf.
2. Types of Baselines:
a) Normal Baseline (Article 5):
Drawn along the low-water line along the coast.
Used where the coastline is smooth and regular.
b) Straight Baseline (Article 7):
Used where the coastline is deeply indented or fringed with islands.
Joins appropriate points along the outer edge of the coast.
Ensures fair representation of coastal geography.
c) Archipelagic Baseline (Articles 46–47):
Used by archipelagic states (like Indonesia or the Philippines).
Drawn by joining outermost points of the outermost islands, enclosing the main
islands and waters between them.
The enclosed waters are called archipelagic waters.
3. Example – Bangladesh:
Bangladesh has a deltaic and irregular coastline with many islands and river
mouths.
Therefore, it uses straight baselines connecting the outermost coastal points to
measure its maritime zones more accurately.
Question: What is an archipelagic state under UNCLOS, and what rights does it have in
its waters?
Under the United Nations Convention on the Law of the Sea (UNCLOS, 1982), an
archipelagic state is a country that is made up entirely of one or more groups of islands
and may include other natural features that form a single geographical, economic, and
political unit.
1. Definition (Article 46):
An archipelago means a group of islands and interconnecting waters forming a
natural and political unity.
An archipelagic state means a state whose territory consists wholly of one or
more archipelagos, possibly with other islands.
2. Archipelagic Baselines (Article 47):
Drawn by joining outermost points of the outermost islands, enclosing the main
islands and waters between them.
The ratio of water to land enclosed must be between 1:1 and 9:1.
The baselines must not deviate more than 100 nautical miles.
3. Waters Enclosed (Archipelagic Waters):
The waters inside these baselines are called archipelagic waters.
They are considered part of the state’s sovereign territory, like internal waters,
but with some navigational rights reserved for others.
4. Rights of Archipelagic States:
a) Full sovereignty over air space, waters, seabed, and subsoil within archipelagic
baselines.
b) May regulate fishing, resource exploitation, and environmental protection.
c) Must allow archipelagic sea lanes passage for foreign ships and aircraft to ensure
free international navigation.
5. Examples:
Indonesia and the Philippines are classic examples of archipelagic states.
Bangladesh, however, is not one, as it is part of a mainland with islands.
Question: Describe the background and significance of the MARPOL Convention. What
are its six annexes?
The International Convention for the Prevention of Pollution from Ships (MARPOL
73/78) is the main global treaty to prevent marine pollution caused by ships, both
accidental and operational.
1. Background:
The first attempt to control oil pollution was the OILPOL Convention, 1954, but it
was limited in scope.
A major oil spill — the Torrey Canyon disaster (1967) — exposed the need for
stricter global regulations.
The IMO adopted MARPOL in 1973, and it was strengthened by the 1978
Protocol, forming MARPOL 73/78.
Entered into force in 1983.
2. Significance:
Establishes uniform international standards for pollution prevention.
Regulates discharges of oil, chemicals, sewage, garbage, and air emissions from
ships.
Makes it mandatory for ships to carry equipment like Oil Record Books, Oily
Water Separators, and SOPEP Plans.
Applies to all ships, promoting cleaner oceans and sustainable shipping.
3. Six Annexes of MARPOL:
Annex Subject Entry into Force
I Oil Pollution 1983
II Noxious Liquid Substances (in bulk) 1983
III Harmful Substances (packaged form) 1992
IV Sewage from Ships 2003
V Garbage from Ships 1988
VI Air Pollution from Ships 2005
Question: What are the main requirements of MARPOL Annex VI for reducing air
pollution from ships?
MARPOL Annex VI, adopted in 1997 and enforced from 19 May 2005, deals with the
Prevention of Air Pollution from Ships.
It sets limits on harmful emissions from ship engines and fuel to protect the atmosphere
and human health.
1. Main Objectives:
To reduce airborne pollution from ships such as SOx (Sulphur oxides), NOx
(Nitrogen oxides), and particulate matter.
To minimize emissions contributing to acid rain, ozone depletion, and climate
change.
2. Key Requirements:
a) Fuel Sulphur Limits:
Global sulphur limit reduced to 0.50% m/m from 1 January 2020.
In Emission Control Areas (ECA) – limit is 0.10% m/m.
Ships must use low-sulphur fuel or install scrubbers.
b) NOx Emission Standards:
Engines must meet Tier I, II, or III NOx limits depending on the ship’s
construction date and operating area.
Tier III applies in ECAs (stricter limit).
c) Ozone-Depleting Substances:
Ban on new installations using CFCs, Halons, and similar gases.
Proper record-keeping of all refrigerants used onboard.
d) VOC and Incineration Control:
Controls Volatile Organic Compounds (VOCs) from tankers.
Prohibits onboard incineration of certain hazardous wastes.
e) Energy Efficiency Requirements:
EEDI (Energy Efficiency Design Index) for new ships.
SEEMP (Ship Energy Efficiency Management Plan) for all ships to improve
operational efficiency.