THE INTERNATIONAL LAW OF THE SEA CONVENTION

The Maritime Zone

NOTE:

IW          : Internal Water.

TS          : Territorial Sea.

CZ          : Contiguous Zone.

EEZ         : Exclusive Economic Zone.

CS          : Continental Shelf.

Internal water.

Covers all water and waterways on the landward side of the baseline. A normal baseline for measuring the breadth of territorial sea and other maritime zones is the low water line along the coast as marked on large-scale charts officially recognised by the coastal state. The coastal state has complete sovereignty over this area and is free to set laws, regulate, and use any resources. Foreign vessels have no right of passage within internal waters except internal waters that are enclosed by straight baselines.  Prior to UNCLOS 1982, the internal waters enclosed by straight baselines were Territorial Waters. As such,.based on customary practices user states continue to enjoy the rights of innocent passage in this maritime zone.  

Territorial Water.

Out to 12 nautical miles from the baseline, the coastal state has sovereignty to the water, airspace, sea-bed and sub-soil and is free to set laws, regulate use, and use any resource. Vessels are given the right of the innocent passage through any territorial waters. In straits commonly used for international navigation, transit passage is allowed where naval vessels and aircraft are allowed to operate in their normal modes that would be illegal in territorial waters. Innocent Passage is defined by the convention as passing through waters in an expeditious and continuous manner, which is not “prejudicial to the peace, good order or the security” of the coastal state. Fishing, polluting, weapons practice, and spying are not “innocent". Nations can also temporarily suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the protection of its security. On the contrary transit passage should not be suspended nor hampered. 

Contiguous Zone. 

Beyond the 12 nautical mile limit there is a further 12 nautical miles or 24 nautical miles from baseline, called the Contiguous Zone, in which a state could continue to enforce laws on custom, immigration, fiscal and sanitary involving activities like smuggling and illegal immigration. Since the Contiguous Zone is part of the EEZ, the laws of the EEZ are also applicable in this area.  

Exclusive Economic Zone.

Extend 200 nautical mile from baseline beginning from edge of the Territorial Water. Within this area, the coastal state has sovereign rights to explore and exploit all natural resources. The EEZ was introduced to stop the increasingly heated clashes over fishing rights; oil exploration was also becoming important. The success of an offshore platform in the Gulf of Mexico in 1947 was soon repeated elsewhere in the world, and by 1970 it was technically feasible to operate in waters 4000 metres deep. Foreign nations have the freedom of navigation and overflight in the EEZ without interfering with coastal states’ activities. Foreign states may also lay submarine cables and pipe line and conduct marine scientific research subject to prior notification to the coastal state.

Continental Shelf.

Continental shelf is defined as natural prolongation of the land territory to the continental margin’s or 200 nautical miles from the coastal state’s baseline, whichever is greater. State’s continental shelf may exceed 200 nautical miles until the natural prolongation ends, but it must not exceed 350 nautical miles, or 100 nautical miles beyond 2,500 meter isobath, which is a line connecting the depth of 2,500 meters provided it is not more than 350 nautical miles. Coastal states have the exclusive rights to harvest mineral and non-living material in the subsoil of its continental shelf, to the exclusion of others.

The High Seas.

This is an area that is not included in the EEZ, territorial sea, archipelagic water or internal water of a state. The high seas are open to all states to exercise among others freedom of navigation and overflight; freedom to lay submarine cables and pipelines; freedom to construct artificial islands and other installations permitted by international law outside other state’s Continental Shelf; freedom of fishing, freedom to exploit living and non-living resources at the deep seabed or legally known as The Area and freedom of scientific research subject to the limitations imposed by international conventions. Law enforcements on the high seas are done by flag states of the respective ships.  Nevertheless in cases of piracy, slave trade, drug trafficking, illegal broadcasting and other cases identified by international conventions, other military ships, aircraft and ships and aircraft of other law enforcement agencies may intervene irrespective whether they belong to the flag state of the suspected ship.