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Law of th sea ali
1. Law of the sea
High seas, Territorial sea and Contiguous zone,
Continental shelf
Submitted by
Aleena. P.A
IV Sem IF
Roll no:2
2. Law of the sea-definition
•The term law of the sea appears similar to
the term maritime law, but it has a
significantly different meaning.
• Law of the sea refers to matters of public
international law.
•The law of the sea is a body of customs, treaties,
and international agreements by which governments
maintain order, productivity, and peaceful relations
on the sea
3. Law of sea
It is based on 4 geneva conventions .The law
is adopted in 1958.these are:
1)Territorial seas and contiguous zones
2)Continental shelf
3)High seas
4)Exclusive economic zone
4. Territorial sea
• Territorial waters, in international law, that area of the sea
immediately adjacent to the shores of a state and subject
to the territorial jurisdiction of that state.
• Territorial waters are thus to be distinguished on the one
hand from the high seas, which are common to all
countries, and on the other from internal or inland waters,
such as lakes wholly surrounded by the national territory
or certain bays or estuaries.
• Historically, the concept of territorial waters originated in
the controversy over the status of the sea in the formative
period of modern international law in the 17th century.
5. Territorial sea (contd)
• Although the doctrine that the sea by its nature must be
free to all was eventually upheld, most commentators did
recognize that, as a practical matter, a coastal state
needed to exercise some jurisdiction in the waters
adjacent to its shores.
• Two different concepts developed—that the area of
jurisdiction should be limited to cannon-shot range, and
that the area should be a much greater belt of uniform
width adjacent to the coast—and in the late 18th century
these concepts coalesced in a compromise view that
proposed a fixed limit of 3 nautical miles (1 marine league,
or 3.45 statute miles [5.5 km]).
6. • In 1793 the United States adopted three miles for neutrality
purposes.
• But although many other maritime states during the 19th
century came to recognize the same limit, it never won
such universal acceptance as to become an undisputed
rule of international law.
• Territorial waters, or a territorial sea, as defined by the
1982 United Nations Convention on the Law of the Sea is a
belt of coastal waters extending at most 12 nautical miles
(22 km; 14 mi) from the baseline (usually the mean low-
water mark) of a coastal state.
• The territorial sea is regarded as the sovereign territory of
the state, although foreign ships (both military and
civilian) are allowed innocent passage through it; this
sovereignty also extends to the airspace over and seabed
below.
7. •The term "territorial waters" is also sometimes used informally
to describe any area of water over which a state has jurisdiction,
including internal waters, the contiguous zone, the exclusive
economic zone and potentially the continental shelf.
BASELINE
• Normally, the baseline from which the territorial sea is
measured is the low-water line along the coast as marked on
large-scale charts officially recognized by the coastal state.
• This is either the low-water mark closest to the shore, or
alternatively it may be an unlimited distance from permanently
exposed land, provided that some portion of elevations exposed
at low tide but covered at high tide (like mud flats) is within
12 nautical miles (22 km; 14 mi) of permanently exposed land.
8. •Waters landward of the baseline are defined as internal
waters, over which the state has complete jurisdiction: not
even innocent passage is allowed.
INNOCENT PASSAGE
•In the course of this historical development, it became settled
that the belt of territorial waters, together with the seabed
and subsoil beneath it and the airspace above, is under the
sovereignty of the coastal state.
• This sovereignty is qualified only by a right of innocent
passage—that is, peaceful transit not prejudicial to the good
order or security of the coastal state—for merchant vessels of
other nations.
9. •The right of innocent passage does not apply to submerged
submarines or to aircraft, nor does it include a right to fish.
• Passage is innocent so long as it is not prejudicial to the
peace, good order or security of the coastal State.
• Such passage shall take place in conformity with this
Convention and with other rules of international law.
Passage of a foreign ship shall be considered to be
prejudicial to the peace, good order or security of the
coastal State if in the territorial sea it engages in any of the
following activities:
10. (a) any threat or use of force against the sovereignty,
territorial integrity or political independence of the
coastal State, or in any other manner in violation of the
principles of international law embodied in the Charter
of the United Nations;
(b) any exercise or practice with weapons of any kind;
(c) any act aimed at collecting information to the
prejudice of the defence or security of the coastal State;
(d) the launching, landing or taking on board of any aircraft
(e) the launching, landing or taking on board of any
military Device;
(f) any fishing activities;
(g) the carrying out of research or survey activities;
any act aimed at interfering with any systems of
communication or any other facilities or installations of the
coastal State;
11. (h) any other activity not having a direct bearing on
passage
(i) the loading or unloading of any commodity,
currency or person contrary to the customs, fiscal,
immigration or sanitary laws and regulations of the
coastal State;
12.
13. CONTIGUOUS ZONE
• The contiguous zone is a band of water extending from the
outer edge of the territorial sea to up to 24 nautical miles (44
km; 28 mi) from the baseline, within which a state can exert
limited control for the purpose of preventing or punishing
"infringement of its customs, immigration or sanitary laws
and regulations within its territory or territorial sea”.
• This will typically be 12 nautical miles (22 km; 14 mi) wide, but
could be more (if a state has chosen to claim a territorial sea
of less than 12 nautical miles), or less, if it would otherwise
overlap another state's contiguous zone.
14. 1. In a zone contiguous to its territorial sea, described as the
contiguous zone, the coastal State may exercise the control
necessary to:
(a) prevent infringement of its customs, immigration or
sanitary laws and regulations within its territory or territorial
sea;
(b) punish infringement of the above laws and
regulations committed within its territory or territorial sea.
2. The contiguous zone may not extend beyond 24 nautical
miles from the baselines from which the breadth of the
territorial sea is measured.
15. CONTINENTAL SHELF
• The continental shelf of a coastal State comprises the seabed
and subsoil of the submarine areas that extend beyond its
territorial sea throughout the natural prolongation of its land
territory to the outer edge of the continental margin, or to a
distance of 200 nautical miles from the baselines from which
the breadth of the territorial sea is measured where the outer
edge of the continental margin does not extend up to that
distance
16. •The continental shelf of a coastal nation extends out to the outer
edge of the continental margin but at least 200 nautical miles
(370 km; 230 mi) from the baselines of the territorial sea if the
continental margin does not stretch that far.
•The outer limit of a country's continental shelf shall not stretch
beyond 350 nautical miles (650 km; 400 mi) of the baseline, or
beyond 100 nautical miles (190 km; 120 mi) from the
2,500 metres (8,200 ft) isobath, which is a line connecting the
depths of the seabed at 2,500 meters.
•The outer edge of the continental margin for the purposes is
defined as:
17. • a series of lines joining points not more than
60 nautical miles (110 km; 69 mi) apart where the thickness
of sedimentary rocks is at least 1% of the height of the
continental shelf above the foot of the continental slope; or
• a series of lines joining point not more than 60 nautical
miles apart that is not more than 60 nautical miles from the
foot of the continental margin.
The foot of the continental slope is determined as the point
of maximum change in the gradient at its base.
18. Rights of the coastal State over the continental shelf
1. The coastal State exercises over the continental shelf sovereign
rights for the purpose of exploring it and exploiting its natural
resources.
2. The rights are exclusive in the sense that if the coastal State
does not explore the continental shelf or exploit its natural
resources, no one may undertake these activities without the
express consent of the coastal State.
3. The rights of the coastal State over the continental shelf do not
depend on occupation, effective or notional, or on any express
proclamation.
19. 4. The natural resources consist of the mineral and other
non-living resources of the seabed and subsoil together
with living organisms belonging to sedentary species,
that is to say, organisms which, at the harvestable stage,
either are immobile on or under the seabed or are
unable to move except in constant physical contact with
the seabed or the Subsoil.
22. The high seas being open to all nations, no State may validly
purport to subject any part of them to its sovereignty.
Freedom of the high seas is exercised under the conditions laid
down by these articles and by the other rules of international
law.
23. It comprises, both for coastal and non-coastal
States:
(1) Freedom of navigation;
(2) Freedom of fishing;
(3) Freedom to lay submarine cables and pipelines;
(4) Freedom to fly over the high seas.
These freedoms, and others which are recognized by
the general principles of international law, shall be
exercised by all States with reasonable regard to the
interests of other States in their exercise of the freedom of
the high seas.
24. High seas-contd
• Reservation of the high seas for peaceful purposes-
The high seas shall be reserved for peaceful purposes.
• Invalidity of claims of sovereignty over the high seas-
No State may validly purport to subject any part of the
high seas to its sovereignty.
• Right of navigation-
Every State, whether coastal or land-locked, has the right to
sail ships flying its flag on the high seas.
25. 1. Each State shall fix the conditions for the grant of its
nationality to ships, for the registration of ships in its
territory, and for the right to fly its flag. Ships have the
nationality of the State whose flag they are entitled to fly.
There must exist a genuine link between the State and the
ship; in particular, the State must effectively exercise its
jurisdiction and control in administrative, technical and
social matters over ships flying its flag.
2. Each State shall issue to ships to which it has granted the
right to fly its flag documents to that effect.
26. 1. Every State shall take such measures for ships under its flag
as are necessary to ensure safety at sea
with regard, inter alia, to:
(a) The use of signals, the maintenance of communications
and the prevention of collisions;
(b) The manning of ships and labour conditions for crews
taking into account the applicable international
labour instruments;
(c) The construction, equipment and seaworthiness of ships.
2. In taking such measures each State is required to conform
to generally accepted international standards
and to take any steps which may be necessary to ensure their
observance.
27. Exclusive Economic Zone
• An exclusive economic zone extends from the outer limit
of the territorial sea to a maximum of 200 nautical miles
(370.4 km) from the territorial sea baseline, thus it
includes the contiguous zone.
• A coastal nation has control of all economic resources
within its exclusive economic zone, including fishing,
mining, oil exploration, and any pollution of those
resources.
• However, it cannot prohibit passage or loitering above, on,
or under the surface of the sea that is in compliance with
the laws and regulations adopted by the coastal State in
accordance with the provisions of the UN Convention,
within that portion of its exclusive economic zone beyond
its territorial sea.
28.
29. REFERENCES
• Territorial waters-encyclopedia article about territorial waters
• Territorial waters-britannica online encyclopedia
• 8_1_1958_high_seas.pdf.
• Un law of the sea.pdf
• nlrvolume54.pdf.adobe reader
This is a diagram that illustrates the complicated rules regarding how much of the seabed you may claim as part of your continental shelf regime. These rules are set out in Article 76.
The basic points I would make are:
That coastal states automatically are entitled to a 200 n.m. continental shelf measured from the baselines, regardless of the nature of their seabed, where not restricted by neighboring territories,
Or – but only where their ‘geography’ permits it (where the physical continental margin is configured in a specific way) – they may claim
A continental shelf extending to the outer edge of their continental margin, up to a maximum distance of 350 n.m. from the baselines or
A continental shelf extending to a distance of 200 n.m. from the 2,500 metre isobath.
This diagram illustrates the isobath rule, namely, that you can claim a legal continental shelf up to a distance projecting 100 n.m. from a line connecting portions of your continental shelf at a depth of 2,500 metres (at the 2,500 metre isobath).