LAW OF THE SEA

(UNCLOS)

Law of the Sea, History

Law of the Sea history can be traced back to
the Geneva Convention of 1958 also called
UNCLOS I.
The second one was in 1960 and was called
UNCLOS II.
The third one was in 1974 UNCLOS III.
The final one in 1982 was called UNCLOS.
UNCLOS has come in to force internationally
on 16th Nov 1994. However India has not yet
enacted it in a national legislation.

UNCLOS TERRITORIES
UNCLOS has divided the various areas of the worlds seas into Zones of
Jurisdiction. They are as follows,
a. Internal waters
b. Territorial waters
c. Archipelagic waters
d. Contiguous zones
e. Fisheries limits
f. Continental Shelf
g. Exclusive Economic zone
h. High Seas.
. UNCLOS decides the coastal state jurisdiction in the waters mentioned above.
None of the above zones are obligatory and each coastal state has options to
adopt them or not, subject to maximum limit.
. The coastal state cannot impose its sovereignty in most of the zones, as it has
limited rights. A Ship master must never assume that his vessel is inside or
outside a particular zone. For details please consult Annual Notices to
Mariners No.12 (National Claim to Maritime Jurisdiction).

INTERNAL WATERS
This extends from the shore to the base line. Within these
waters the coastal state has jurisdiction over all ships when
they voluntarily enter these waters. Foreign flag vessels have
right of innocent passage through internal waters in three
cases only:
1. When the base line has been redrawn, to enclose waters
previously seaward of the base line.
2. In case of force majeure i.e when vessels enter internal
waters involuntarily, weather conditions, mechanical failure.
In these cases, the jurisdiction remains with the flag state.
3. For war ships and other public vessels they are regarded as
agents of the head of state of a country and they are
granted immunity, provided they enter these waters with
coastal states, consent.

INTERNAL WATERS, Contd

Normally the Coastal state will not enforce its own laws
on a foreign flag vessel in internal waters except when its
particular interests are affected e.g offences caused by
the vessel affecting the peace/order of the port. They are
asf,
1. Breach of custom and immigration regulations.
2. When the Master of the vessel requests the coastal state
to assist e.g unruly passengers or mutiny on board.
3. When a third party or an outside person apart from crew
is involved in an incident.
4. Breach of local regulations on pollution, navigation,
pilotage etc.

What is base line?

Thenormal baselineof the territorial sea is determined
using appropriate points along the low water line of the
coast.Straight baselinescan be drawn joining appropriate
points along a deeply indented coastline or fringe of islands
along the coast in its immediate vicinity. Where appropriate,
lines drawn using a combination of both methods can be
used.
Normal baselinepoints are called "normal" because they
follow the natural coastal landscape. They can be selected
on capes, headlands and islands, but are most often located
on low-tide elevations (rocks, reefs, drying sandbanks or the
limit of the low-water line). Low-tide elevations are above
water at low tide and lie within 12 nautical miles of the
coast or major islands.

Territorial Sea
They may extend to a max of 12 nm from
the base line.
1. It is a part of the territory of a coastal state
but it differs from internal waters. Foreign
flag vessels have right of innocent passage
through it.
2. This right can be suspended for security
reasons like weapon exercise. Under such
conditions navigation warnings will be
transmitted and this can only be temporary.

Territorial Sea, Contd

3. Vessels must ensure their innocence e.g uninnocent activities are
mainly military activities namely: Spying, Weapon practice,
Intelligence gathering, Act of willful and serious pollution,
Unauthorised fishing etc.
4. Vessel must also comply with legislation which may further effect
the conduct of innocent passage especially with regards to
regulation dealing with safety of navigation, protection of navaids,
pipeline, submarine cables, collision regs etc.
5. In territorial seas the coastal states can only exercise criminal
jurisdiction in the following circumstances:
a) If the result of the crime extended to the coastal state.
b) If a crime disturbs the peace of the country or the good order of
the territorial sea.
c) On the request of master or agent of the vessel.
d) To suppress illicit traffic of drugs.

Territorial Sea, Contd

6. Civil jurisdiction can only be exercised within territorial seas, on
vessels which are passing through territorial seas, on vessels
which are passing through territorial seas after leaving the
coastal state internal water.
7.a) Transit through international straits For eg. Strait of Hormuz is
allowed and the bordering state may not impede the safe
passage of vessels passing through them. Bordering states
should publicize navigational dangers.
7.b) Coastal states, bordering the straits may enact regulations
for pollution prevention, safety of navigation, fishing, customs,
immigration and sanitary arrangements and vessels must
comply with them when passing through the straits; and if not
then flag state can be held responsible. This is apart from strict
compliance with International regulations, SOLAS, MARPOL, etc.

Archipelagic Waters
1. These are given special status by UNCLOS due
to their natural resources, but this status is only
applicable for Mid-Ocean states having one or
more archipelago e.g Fiji, Lakshwadeep etc.
2. They are considered same as the territorial sea
of a nation with respect to power of a coastal
state. But the coastal state has additional duties
regarding access to fishing grounds and other
legal activities, like laying, maintenance of
submarine cables.
3. To include the natural flora & fauna in these
waters, the base line may be extended thus
including the internal waters of the archipelago
state.

Contiguous Zones
1. These can be established by a coastal state beyond
the 12 NM limit of territorial sea, in case of public
health/ revenue or quarantine interest upto a
maximum of 24 Nm.
2. Vessels can be detained in this zone if there is
evidence that the ship is violating or about to violate
customs or health regs, e.g Smuggling of drugs,
illegal immigrants, etc into the coastal state. Similarly
vessels carrying noxious, Nuclear or dangerous
substances or waste may be turned away.
3. In all other cases foreign flag vessels have a right of
innocent passage through Contiguous zones.

Fisheries Zones
1. The traditional fishery zone called the
Inland fishery zone can extend upto 12
Nm from the base line. (Not mentioned in
UNCLOS)
2. As per UNCLOS this can extend up to 200
Nm in which a coastal state may exercise
exclusive fishing rights (EFZ Extended
fishing zone).
3. Vessels transiting EFZ must observe the
local fishing regs. in force.

Continental Shelf
1. May extend well beyond 200 Nm from the base line up to 350
Nm as it depends upon the topography and depth of the
ocean bed in that area.
2. It does not form a territory of a coastal state. It is a resource
zone where a coastal state may prospect it for natural
resources like mineral oil and other non-living resources of
the sea bed, with living resources belonging to the sedentary
species ( plants corals etc.)
3. The coastal state can build / maintain and operate artificial
islands( oil rigs) etc for exploitation of this zone and will
exercise exclusive jurisdiction over customs, financial, health,
safety, and immigration laws etc over these artificial islands.
4. Safety zones of not more than 500m around installations will
be marked for safety of navigation around these islands.

Exclusive Economic zone

1. Can extend up to 200 NM from the
base line.
2. Within these the coastal states can
claim rights and duties for natural
resources.
3. Navigation is free as on the high
seas however near offshore
installations may be restricted.
4. If no EEZ has been declared then
the high seas starts where the

High Seas
1. These are all parts of the seas not included in the EEZ, territorial sea or
internal waters of a state or archipelagic waters of an archipelago state.
2. These are open to all states. Freedom here means freedom of navigation ,
over flight, laying of submarine cables / pipelines, construction of artificial
island and installations, permitted by international law fishing and scientific
research.
3. War ships, here have full immunity from any state, other than the flag
state.
4. Ships owned / operated by a state used only for Govt non-commercial
services have similar immunity.
5. In the event of a collision or other incident of navigation on high seas, no
penal or disciplinary measures may be started unless by the judicial/
administrative , authorities either of flag state or by the state of which the
person involved is a national.
6. All ships are duly bound to help/assist a person in danger of being lost to
distress call and after collision to render assistance and exchange
information and identity with the other ship.

High Seas, Contd

On the high seas UNCLOS also provides for provision
of hot pursuit for a coastal state which include the
following,
a. Piracy,
b. Pollution,
c. Illicit narcotic drugs trafficking,
d. Unauthorized broadcasting.
On the high seas the willful damage to submarine
cables or high power cables except for the purpose
of saving life is considered a punishable offence in
which a coast state may proceed against flag state
and individual involved.

UNCLOS on Marine Pollution

Currently all states agree on meeting
MARPOL standards.
Coastal states may have own regs. in
their EEZ.
In territorial seas/TSS or sea lanes for
dangerous cargo can be established.
Coastal states may allow entry to
island water and harbors only if
additional regulations on pollution
met.

Port state
Main responsibility for enforcement is with the flag state
with proximity to zones closer to coast influence of
coastal state and ultimately port state increases.
When vessel is voluntarily within a port or at an offshore
installation, the port state may, supported by evidence,
proceed against the vessel indulging in pollution, e.g
MARPOL violation. Another state where a discharge
violation has occurred or a flag state may request
another port state to investigate on behalf where there
is clear evidence that a vessel in territorial seas has
violated UNCLOS regulations or applicable pollution
regulations. The Coastal state may inspect/institute
proceedings including detentions.

Thank You !!