Law of the Sea
The deep sea bed
The high seas
Miscelleneous matters
Sources of Law
The continental shelf
The Exclusive Economic Zone
The Territorial Sea
Customary law
Treaty law
The 1958 Geneva Conventions
Geneva Conventions on the Territorial Sea and Contiguous Zone
Geneva Conventions on the Continental Shelf
Geneva Conventions on the High Seas
Geneva conventions on the Fishing and Conservation of Living Resources of The High Seas
The 1982 Convention on the Law of the Sea
Other multilateral treaties
Bilateral treaties
Deals with almost every aspect of the sea and is intended to lay down a universal code for the use of for the use of the seas and marine resources
320 artiles and nine Annexes
1994 Agreement on the Deep Sea Bed
The 1958 Geneva Conventions are a result of the First United Nations Conference on the Law of the Sea
Has a significant impact on customary law: Even if state decide not to ratify, principles will be binding as a customary law
Many states have concluded bilateral treaties regulating their relations with other states in particular areas of mutual concern
Many other multilateral treaties besides the ones mentioned
The International Convention for the Prevention Of Pollution From Ships 1973
The International Convention for the Safety of Life at Sea 1974
Customary law is binding to all states
Conventions have contributed to development of customary international law
Many provisions of Conventions simply codified customary law existing
Contiguous zone
Until the institution of exclusive economic zone, was part of the High Seas
Avaible for customs, fiscal, immigration or sanitary purposes up to a maximum of 12 miles from the baseline of territorial sea
Contiguous zone was recognized in Art. 24 of the 1958
Delimitation of The Territorial Sea
Up to 12 nautical miles wide
Straight baselines-method: Baselines are straight lines drawn between fixed points on the coast. In localities where the coastline is deeply indented and cut into, or if there is a fringe of islands along the coast in its immediate vicinity, the method of straight baselines joining appropriate points may be employed in drawing the baseline from which the breadth of the territorial sea is measured.
The equidistance-median rule: Delimitation between opposite and adjacent state, general rule is that the territorial sea may not extend beyond the median line which is equidistant from the nearest points of the baselines of the coastal state, except by agreement between the parties or where historic title or other special circumstance indicates otherwise.
Trace parellele-method: Landward edge of the territorial sea will b the low-water mark on the coast and it will extend seaward for this point. Outer edge of the territoria sea follows the general shape of the coast.
Restrictions
A state should not exercise its criminal jurisdiction over foreign vessels in the territorial sea except in certain specified situations
A state should not stop or diver foreign ship for the purpose of exercising civil jurisdiction
Passage
Passage is innocent as long as it is not prejudicial to the peace, good order and security of the coastal state
Coastal state is under obligation to grant all ships the right of innocent passage
State has sovereignty over the territorial sea, which means that it has full legislative jurisdiction there
Origin
Development was the result of negotiations at the Third UN Conference and its subsequent adoption in the national legislation of several states
Nature and extent
Extending up to 200 miles from the baselines of territorial sea
Coastal state is also under number of obligations that are inconsistent with the grant of full sovereignty
Does not give dominium over the EEZ. Coastal state cannot interfere with commercial activity by other states in the EEZ unless such activity directly challenges the coastal state's sovereign rights
Within area, coastal state is given 'sovereign rights' for the purpose of exploring and exploiting the living and non-living natural resources
Other states' rights in the EEZ
Freedom of the Seas such as navigation, overflight, laying of submarine cables' and other internationally lawful uses of the sea
Other states 'shall have due regard' to the rights and duties of the coastal state and 'shall comply' with the coastal state's laws and regulations
Commercial activities which are not part of coastal state's exclusive rights
Oher states may be able to share in the living resources of the EEZ under the "allowable catch" mechanism
Delimitation
EEZ and the continental shelf overlap sometimes
The legal regime and delimitation rules of the different maritime zones are sometimes overlooked in order to achieve "greater good"
Delimitation of the EEZ between opposite and adjacent states shall be affected by agreement on the basis of international law in order to achieve an equitable solution ( Art. 74)
Relationship with Exclusive Economic Zone
Other states' commercial and shipping activities are not hindered in the waters above the shelf if those waters are high seas. If those waters are within the EEZ, activities may be controlled byt the coastal state only as an adjunct to the exercise of EEZ sovereign rights
It is possible, to have a different boundary for zones because of the need to reach an 'equitable result' in each case
There is no obligation to conserve shelf resources and and no obligation to share those resources, unlike in EEZ. There is no obligation to share or conserve the non-living resources of the EEZ, for they are to be utilised in conformity with the shelf regime.
Shelf may extend beyond 200 miles, whereas the EEZ has a fixed limit
Shelfs rights are 'inherent'; an EEZ is optional and must be claimed by the state. However, both confer sovereign and exclusive rights
The waters of the EEZ are 'sui juris', whereas the waters above shelf where it extends beyond 200 miles remain as high seas. The waters of the shelf within 200 miles are comprised within the EEZ, if one has been claimed
The shelf covers non-living resources and only those living resource which are 'sedentary species'
For the shelf rights beyond the 200-mile limit, 1982 Convention obliges coastal states to contribute a percentage of its revenue to the Internatinal Sea Bed Authority
Delimitation of the shelf
Opposite and adjacent states
Principiple of equity: Consideration should be paid to the general configuration of the coast, the physical shape of the shelf and the relative lengths of the coastlines of the claimant states
Principle of proportionality is applicable in some cases
Delimitation is to be made by agreement or, failing that, by a median line equidistant from the nearest points of the baselines of the territorial sea of each state. States may use the ICJ and arbitration tribunals
Seaward limit ( LOS 1982 Art.76)
1. All states, regardless of the physical shape of the shelf, have a continental shelf in law up to 200 nautical miles from the baselines of the territorial sea. This is so even if there is no physical shelf or if it stops short of 200 miles
2. If the physical extent of the shelf goes beyond 200 nautical miles, state has a shelf in law 'throughout the natural prolongation of its land territory to the outer edge of the continental margin
3. The continental shelf in law cannot extend beyond 350 nautical miles from the baselines of the territorial sea or 100 nautical miles from the 2,500 metre isobath (depth line)