An introduction to the law of the sea. The presentation was prepared by Dr. Asser Harb for his postgraduate students.

1. Dr. Asser Harb
Senior Lecturer in Maritime Law, EUCLID
Senior State Counsel, Egypt
Chief Legal Adviser, Bahrain
An Introduction to the
International Law of the Sea

2. Outline
 International Law of the Sea v. Private Maritime Law
 Legal Framework
 Various Maritime Zones
 Baseline
 Internal Waters
 Territorial Sea
 Contiguous Zone
 Exclusive Economic Zone
 Continental Shelf
 High Seas
 The Area
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3. International Law of the Sea v. Private Maritime Law
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 International law of the sea is that part of public international law that regulates the
rights and obligations of States and other subjects of international law, regarding the
use and utilization of the seas in peace time.
 International law of the sea should be distinguished from the private maritime law,
which is a part of private international law that regulates the rights and obligations
of private persons with regard to maritime activities such as carriage of goods and
maritime insurance.

4. Legal Framework 4
 Generally speaking, the international law of the sea is a mixture of treaty law (bilateral and
multilateral) and customary international law.
 Historically, the first intergovernmental attempt to codify the law of the sea was in 1930 during
the Hague Conference for the Codification of international law. Control of offshore natural
resources was a central issue as regards the law of the sea after World War II. In particular, the
increasing demand for petrol prompted coastal States to extend their jurisdiction over natural
resources on the continental shelf. At the same time, in response to the depletion of marine living
resources, claims on these resources on the high seas were advocated by several coastal States. On
28 September 1945, United States President Truman issued his Proclamations on the Continental
Shelf and on Fisheries, respectively. The Truman Proclamations marked the starting point of the
new development of the international law of the sea. In 1956, the International Law commission
(ILC) submitted its final report on ‘Articles Concerning the Law of the Sea’ to the United Nations.
This report provided the basis for the work at the First United Nations Conference on the Law of
the Sea (UNCLOS I).

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 On 17 March 1960, the Second United Nations Conference on the Law of the Sea (UNCLOS II) was
convened in Geneva in order to discuss the outer limit of the territorial sea as well as the fishery
zone. In this conference, four multilateral conventions covering various aspects on the law of the
sea were adopted: 1) Convention on the Territorial Sea and Contiguous Zone; 2) Convention on the
High Seas; 3) Convention on Fishing and Conservation of Living Resources; and 4) Convention on
the Continental Shelf. All these conventions are in force, though in many aspects they have been
superseded by the 1982 UN Convention on the Law of the Sea which is mainly of general
application. For non-parties to the 1982 Convention and for those matters on which the 1982
Convention is silent, the 1958 Conventions will continue to govern the relations of States that have
ratified them. For States that are neither party to the 1982 Convention nor to the 1958
Conventions, the applicable law should be the relevant portions of customary international law.
Legal Framework (Continued)

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 The legal framework established by the 1958 Geneva Conventions very soon came to encounter
serious challenges. Several factors led to review of the Geneva Conventions. The result of the Third
UN Conference on the Law of the Sea (1973–1982) was the 1982 Convention on the Law of the Sea
(UNCLOS) that constitutes a comprehensive codification and development of contemporary
international law governing the sea in time of peace. The UNCLOS is a universal agreement and is
is considered to be the “constitution of the oceans.” Maritime jurisdictions are now governed
mainly by the 1982 UN Convention on the Law of the Sea. The comprehensive 1982 Convention
that replaced the 1958 four conventions on the law of the sea consists of 320 articles and 9
annexes. The UNCLOS is intended to govern the use of oceans for fishing, shipping, exploration,
navigating and mining, and it is the most complete treaty in public international law that covers a
wide range of law of the sea topics as it covers delimitation of maritime boundaries, maritime
zones, marine environment protection, marine scientific research, piracy, and so on. This
Convention represents the most significant development in the whole history of the
international law of the sea.
Legal Framework (Continued)

7. Various Maritime Zones 7
 Baseline:
 The baseline itself is not a maritime zone but a line from which
various maritime zones are measured in nautical miles (Nm).
Therefore, a baseline, as defined by UNCLOS, is the line along the coast
from which the seaward limits of a State’s territorial sea and certain
other maritime zones are measured.
 Normally, a baseline follows the low-water line of a coastal State.
 In the case of islands situated on atolls or of islands having fringing
reefs, the baseline for measuring the breadth of the territorial sea is the
seaward low-water line of the reef, as shown by the appropriate
symbol on charts officially recognized by the coastal State.
 When the coast is deeply indented, has fringing islands or is highly
unstable, straight baselines may be used.
 Practically, the baseline is always marked on large-scale charts
officially recognized by the concerned coastal State and deposited
at the UN Secretariat.

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Various Maritime Zones (Continued)
 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 their territories. In the
absence of agreements to the contrary, there is no right of innocent
passage through internal waters.
 The right of innocent passage
under the international law of the
sea means: a ship’s right to
enter and pass through the
territorial sea of a coastal State
so long as it is not prejudicial
to the peace, good order, or
security of the coastal State.
(Governed by Articles 17 to 32 of
UNCLOS)

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Various Maritime Zones (Continued)
 Territorial Sea:
 Territorial sea is defined under the UNCLOS as the 12 Nm zone from
the baseline or low-water line along the coast.
 Within 12 Nm seaward from the baseline, the coastal State is free to
set laws, regulate use, and use any resource.
 However, foreign ships have the right of “innocent passage”
through territorial seas. Fishing, polluting, weapons practice, and
spying are not “innocent”, and submarines and other underwater
vehicles are required to navigate on the surface and to show their flag.
 Coastal States can also temporarily suspend innocent passage in
specific areas of their territorial seas, if doing so is essential for the
protection of their security.

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 Contiguous Zone: is a zone contiguous to a territorial
sea of a coastal State, which may not extend beyond
24 Nm from the baseline from which the territorial
sea is measured.
 Therefore, the contiguous zone is an area of sea
contiguous to and extending seaward of the territorial
sea, in which the coastal State may exercise the control
necessary to prevent and punish infringements of its
customs, fiscal, immigration, and sanitary laws within
its territory or territorial sea.
 A contiguous zone must be claimed by the coastal State
and, unlike the territorial sea, does not exist
automatically.
Various Maritime Zones (Continued)

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 Exclusive Economic Zone (EEZ): States may claim an EEZ that extends 200 Nm from the baseline.
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.
 Unlike the territorial sea and the contiguous zone, the EEZ only allows for the previously mentioned
resource rights and the law enforcement capacity to protect those rights. It does not give a coastal
State the right to prohibit or limit freedom of navigation or overflight, subject to very limited
exceptions.
Various Maritime Zones (Continued)

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Various Maritime Zones (Continued)
 Continental Shelf: It is a natural seaward extension
of a land boundary. This extension is geologically
formed as the seabed slopes away from the coast,
typically consisting of a gradual slope (the continental
shelf proper), followed by a steep slope (the continental
slope), and then a more gradual slope leading to the
deep seabed floor. These three areas, collectively known
as the continental margin, are rich in natural resources,
including oil, natural gas and certain minerals.
 In other words, the continental shelf is the natural
prolongation of the land territory to the continental
margin’s outer edge, or 200 nautical miles from the
coastal State’s baseline, whichever is greater. It may
exceed 200 Nm until the natural prolongation ends.
However, it may never exceed 350 Nm from the
baseline; or it may never exceed 100 Nm beyond the
2,500 meter isobath (the line connecting the depth of
2,500 meters). Coastal States have the right to
harvest mineral and non-living material in the
subsoil of its continental shelf, to the exclusion of
others. Coastal States also have exclusive control
over living resources “attached” to the continental
shelf, but not to creatures living in the water column
beyond the exclusive economic zone.

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 High Seas: They are open to the enjoyment of every State without any sovereignty which shall be
used for peaceful purposes only. High seas have been defined as those areas of the seas which are not
parts of the internal waters or territorial sea of any State. The possible dispute that can occur on high
seas is of sovereignty over the ships. The answer to this problem is provided in Article 92 of UNCLOS which
states that the State in which the ship is registered shall have jurisdiction over it. In the cases of
piracy, all States share jurisdiction on equal footing as international principles shall apply for the
common good of the mankind.
 The Area: The deep sea bed (or the Area) is defined as the sea bed, ocean floor and subsoil thereof
beyond the limits of national jurisdiction. Geographically, it is found at the outer edge of the continental
shelf which is governed by the International Sea Bed Authority. All the states at the international level
which may be coastal or landlocked can access the deep sea bed. The profits obtained from the utility of
natural resources may be shared with the international community by the distribution if income from the
International Sea Bed Authority which regulates the area.
Various Maritime Zones (Continued)

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Thank You