This blog is written by Ishita,a Second-Year Law student of Law Centre-2, Faculty of Law, University Of Delhi

INTRODUCTION

As we all know About 72% of the earth's surface is covered with water in oceans hold a major portion of it. The seas have importantly performed two functions: first, as a medium of communication; and second, as a reservoir of resources, for both living and non-living. Both functions have stimulated the development of legal rules. The fundamental principle of governing the law of the sea is that: “the land dominates the sea” and so the land territorial situation constitutes the starting point for the determination of the maritime rights of a coastal state.

Some of the major terms of the law of the sea:

Internal Waters

Internal waters are all the waters that fall landward of the baseline, such as lakes, rivers, and tidewaters. States have the same sovereign jurisdiction over internal waters as they do over another territory. There is no right to innocent passage through internal waters.

Territorial Sea

Everything from the baseline to a limit not exceeding twelve miles is considered the State’s territorial sea. Territorial seas are the most straightforward zone. Much like internal waters, coastal States have sovereignty and jurisdiction over the territorial sea. Territorial seas are subject to the exclusive jurisdiction of the coastal States.

Contiguous Zone

States are allowed to have a contiguous zone from the end of territorial seas to a maximum of 24 nautical miles from the baseline of the country. In this zone, a state can enforce laws to prevent criminals from fleeing the territorial sea. Within the contiguous zone, a State has the right to both prevent and punish infringement of immigration, sanitary, and customs laws within its territory and territorial sea. But as compared to the territorial sea, in the contiguous zone, it only gives jurisdiction to a State on the ocean’s surface and floor. It does not provide air and space rights.

Exclusive Economic Zone (EEZ)

States may claim an EEZ to 200 nautical miles from the baseline of the country. In this zone, a coastal State has the exclusive right to exploit or conserve any resources found within the water, on the sea floor, or under the sea floor’s subsoil. These resources are surrounded by both living resources, such as fish, and nonliving resources, such as oil and natural gas. States also have exclusive rights to engage in any or every kind of energy generation from the waves, currents, and wind within their EEZ. Article 56 of UNCLOS 1982, also allows States to establish and use artificial islands, installations, and structures, conduct marine scientific research, and protect and preserve the marine environment through Marine Protected Areas.

Continental Shelf

The continental shelf is a natural extension of land that extends seaward. This extension of land is formed naturally as the seabed gradually slopes from the coast, which has a gentle slope (the continental shelf slope), followed by a steeper slope (the continental slope), and then another gradual slope leading to the deep seabed floor. These three regions, known collectively as the continental margin, have ample amounts of natural resources such as oil, natural gas, and various minerals. According to UNCLOS, a State is permitted to engage in economic activities up to 200 nautical miles from the baseline, or further if the continental margin extends beyond that distance.

High Seas and Deep Ocean Floor

The ocean surface and the water column beyond the EEZ are referred to as the high seas. Seabed beyond a coastal State’s EEZs and Continental Shelf claims is known under the UNCLOS as the Area and no state can claim a right over it. The UNCLOS states that the Area is considered “the common heritage of all mankind” and is beyond any national jurisdiction thus, every state has a right over it in terms of travel and flying over this area. States has also right to conduct activities in the Area so long in peaceful purposes, which can be transit, marine science, and undersea exploration.

COMMON HERITAGE OF MANKIND: GENERAL ASSEMBLY RESOLUTION OF 1970

In 1970, the General Assembly unanimously adopted a resolution in which the declaration of Principles governing the Sea-bed and Ocean floor took place. The assembly declared that the sea bed beyond national jurisdiction was not subject to any national appropriation or sovereignty but was the common heritage of mankind and must be only exploited for the benefit of mankind, taking into consideration the interests and needs of the developing countries for their growth.

RIGHT OF HOT PURSUIT

This grants a right to a state to chase and arrest a vessel that has committed any offense within its waters. International law recognizes the right of hot pursuit on the basis that a coastal state cannot expect a foreign ship to enter its jurisdiction by escaping on the high seas. Under customary international law, the pursuit must commence in internal waters or territorial waters of the pursuing state. Article 23 of the 1958 Geneva Convention on the High Seas states that the hot pursuit can commence in the contiguous zone of the pursuing state in case of the violation of the rights for the protection of which the zone is established. Article 3 of the UNCLOS also deals with the right to hot pursuit.

Case laws regarding laws of seas:

· Anglo-Norwegian Fisheries case, ICJ Repo.1951. (U.K. V NORWAY)

· North Sea Continental Shelf Cases (1969) (Germany v Denmark & Netherlands)

· Libya v Tunisia Continental Shelf Cases, ICJ Rep.1982

· Republic of Italy v Union of India, 2013

References:

1. https://oceanservice.noaa.gov/facts/lawofsea.html

2. https://www.un.org/en/global-issues/oceans-and-the-law-of-the-sea

3. https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf

4. Common Heritage of Mankind - International Law - Oxford Bibliographies

5. https://www.imo.org/en/ourwork/legal/pages/unitednationsconventiononthelawofthesea.aspx