International Law of the Sea

June 22, 2015

This refers to the area over which a particular state secures sovereignty or sovereign rights

Sovereignty -  Sovereignty is the principle of supreme authority. As regards the law of the sea, the sovereignty of a State implies its exclusive legal authority over all of its internal waters and territorial sea, and also over its nationals.

Maritime Jurisdiction

Sovereign rights - rights possessed by a State, which enables it to act in the benefit of its citizens as it deems fit.

International law attributes sovereign rights to coastal states beyond their territorial seas: over natural resources on their continental shelves and in their Exclusives Economic Zones.

In these cases, the exclusive authority of the State no longer concerns all of its activities, but only some of them

Maritime Jurisdiction

Maritime Zones

Maritime Zones

INTERNAL WATERS - A nation's internal waters cover all water and waterways on the landward side of the baseline from which a nation's territorial waters is defined. 

Includes : - rivers and canals, and sometimes the water within small bays

the state is free to set laws, regulate any use, and use any resource

Foreign vessels have no right of passage within internal waters, and this lack of right to innocent passage is the key difference between internal waters and territorial waters. (See Article 8 UNCLOS)

Maritime Zones

The territorial sea is a belt of sea of 12 nm in breadth adjacent to the territory of a coastal State; the sovereignty of a coastal State extends to its territorial sea.

Article 3 UNCLOS states: “Every State has the right to establish the

breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines determined in accordance with this Convention.”

Maritime Zones

The contiguous zone is an area extending up to 24 nm from the baseline, where a coastal State may exercise the control necessary to prevent and punish infringements of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea.

Maritime Zones

The continental shelf, which comprises the seabed and subsoil of the submarine areas that extend beyond the territorial sea to a distance of up to 200 nm where the natural prolongation of the land territory does not extend to that distance.

A coastal State exercises sovereign rights over the continental shelf for the purpose of exploring it and exploiting its natural resources.

Maritime Zones

The exclusive economic zone or EEZ, is an area beyond and adjacent to the territorial sea which does not extend beyond 200 nm from the baseline. In the EEZ, a State has sovereign rights to explore, exploit, conserve and manage the natural resources of the waters of the seabed and its subsoil;

The coastal state also has sovereign rights with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds; and jurisdiction over artificial islands, installations and structures.

Maritime Zones

Beyond the EEZ/continental shelf lie the high seas which are open for use by all States, except in respect of resources of the seabed of the ocean floor and subsoil thereof, exploitation of which is to be managed by the International Seabed Authority, set up under UNCLOS for the common benefit of mankind.

Maritime Zones

State A is a coastal state. It has declared a 12nm territorial sea, a 24nm contiguous zone and a 200nm EEZ. Ships belonging to States B & C collide in the EEZ of State A and the vessel belonging to State C sinks and is lying on the continental shelf of State A. State C has dispatched vessels to explore the remains of the vessel that had sunk and to retrieve any articles of value from the said vessel. State A, however, had intercepted the vessels as they entered the EEZ and has detained the vessels. State C had order the release of their vessels and State A refused. The matter goes to the ICJ. Determine whether State A or State C had committed a wrong.

Question for Discussion

History of Maritime Delimitation

Three (3) phases:

Prior to 1958 - Customary international law only recognized the sovereignty of a coastal State over the waters immediately adjacent to its coast (generally to a distance of 3 nm) as the territorial sea.

Some States claimed a zone of high seas contiguous to the territorial sea (or a contiguous zone) for purposes of preventing and punishing infringement of their customs, immigration, fiscal and sanitary laws and regulations.

At the time, no customary law existed with respect to a general right to exercise sovereignty in maritime areas beyond the territorial sea.

History of Maritime Delimitation

Between 1958 and 1982 - 1958 Geneva Conventions - During that phase, a territorial sea of 12 nm in breadth was increasingly recognized by States, as were the rights of States to a continental shelf.

Subsequent to 1982 - the conclusion of UNCLOS added to the territorial sea, contiguous zone and continental shelf a fourth maritime area where States were entitled to exercise sovereign rights – the exclusive economic zone or EEZ.

History of Maritime Delimitation

States in close proximity or with adjacent coastlines have experienced some difficulties in claiming their sovereign rights over areas that may overlap or that lie within areas claimed by the other state

Many of these issues have led to disputes which have been taken to the International Court of Justice (ICJ) or the International Tribunal of the Law of the Sea (ITLOS).

Disputes relating to Maritime Delimitation

Methods of Delimitation

Art 15 -Delimitation of the territorial sea between States with opposite or adjacent coasts

Where the coasts of two States are opposite or adjacent to each other, neither of the two States is entitled, failing agreement between them to the contrary, to extend its territorial sea beyond the median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial seas of each of the two States is measured. The above provision does not apply, however, where it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of the two States in a way which is at variance therewith.

Equidistance Method

Equitable method The Court also attempts to remedy inequities that

can arise in delimitation based on equidistance (particularly in the case of adjacent, as opposed to opposite, coasts) and posits a delimitation based simply on equitable principles or producing equitable results

Another method?

Cases assigned for presentation next week

Each group should present the facts of the case, what was held and the reasons/methods employed to arrive at that decision

Cases

Islands and Archipelago

Article 121 UNCLOS – Islands given the same status as coastal states

Archipelagic waters are the waters inside and around an archipelago

Article 46 UNCLOS treats “archipelago” as a group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features form an intrinsic geographical, economic and political entity, or which historically have been regarded as such

Islands and Archipelagos

The largest and the most well-known archipelagic states are Indonesia, the Philippines and Fiji

UNCLOS stipulates the right of an archipelagic state to draw straight archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the archipelago

The length of such baselines shall not exceed 100 nautical miles, except that up to 3 per cent of the total number of baselines enclosing any archipelago may exceed that length, up to a maximum length of 125 nautical miles. Also these baselines shall not depart to any appreciable extent from the general configuration of the archipelago

Archipelagos

As archipelagic waters, as a rule, were widely used for international navigation, ships of all states have the right of innocent passage through archipelagic waters.

Archipelagos

Archipelagos

• Delimitation agreements concluded with Colombia and Cuba

• Ongoing dialogue with:-• The Cayman Islands• Honduras• Nicaragua

• Delimitation negotiations with Haiti are also expected.

Maritime Delimitation Agreements

SERRANILLA

BANK

BAJA NUEVO

ALICE SHOAL

JAMAICA

COLO

MBIA

Challenges:- Conservation and management of marine living

resources, in particular those that straddle or are highly migratory

Enforcement capacity of local personnel The applicability of Jamaica’s laws and Columbian

laws within the Joint Mgt. Area. Compatibility of laws within the two jurisdictions Compatibility of enforcement options under the

applicable laws

Jamaica/Colombia Agreement

Challenges cont’d:- Implementation of Similar Closed Seasons for species

e.g.. conch and lobster Enforcement against third parties: applicable laws The need for joint surveillance, monitoring and

control. No Fishing agreement to date

Jamaica/Colombia Agreement

Jamaica/Cuba Delimitation Agreement

SIGNED - 18 February 1994; Entered into force – 18 July 1995

Agreement for the equidistance method to be the equitable solution for the establishment of the delimitation line between their Exclusive Economic Zones and Continental Shelves.

Cooperate in the development in programmes for:- search and rescue, scientific research, preservation and protection

of the marine environment, any other areas of common interest No party shall make claims nor exercise any sovereign

rights or jurisdiction over the waters, the sea-bed and sub-soil in the agreed areas

Jamaica/Cuba Agreement

State Y is a state that is bordered by a group of islands. The State initially measured the territorial sea from each island but then declared itself an archipelago. The baseline points (50 in total) are marked and identified. 3 of the points are 125nm apart each, while 2 of the basepoint are of 100nm distance, the others are less than 100nm. A vessel registered in State R traverses through the archipelagic waters of State Y. State Y refuses passage to the vessel claiming that vessels have no right of innocent passage through its internal waters. State R responds by stating that prior to State Y declaring archipelagic status, they enjoyed the right of innocent passage and should still enjoy same according to international law. Also, State R refuses to acknowledge State Y’s archipelagic status as State R claims that State Y is not an archipelago. Advise State Y as to whether State R is correct.

Question for Discussion

Straits are given special attention in international Maritime Law because they occupy such a significant part of the coastal zone.

According to UNCLOS “Straits used for international navigation” optimizes the interests both of the countries using international straits, and the coastal states located along the straits.

In particular, Article 34 of the Convention says, that the regime of passage through straits used for international navigation shall not in other respects affect the legal status of the waters forming such straits or the exercise by the states bordering the straits of their sovereignty or jurisdiction over such waters and their air space, bed and subsoil.

International Straits and Transit Passage

Vessels are allowed transit passage through these international straits, which is the freedom of navigation or over flight of a strait solely for the purpose of continuous and expeditious transit of the strait

The significance of the definition is evident in straits where territorial waters of more than one state overlap, as is the case in a significant number of major international straits

Free transit passage is essential to merchant shipping

International Straits and Transit passage

The 1982 Convention also provides for the interests of the states that border straits in terms of navigational safety, fishery, prevention of pollution, compliance with customs, fiscal, immigration and sanitary regulations.

Vessels on transit passage should comply with generally accepted international regulations, procedures and practices for safety at sea, and with generally accepted international regulations, procedures and practices for prevention, reduction and control of pollution from ships.

International Straits and Transit passage

States bordering straits may designate sea-lanes and prescribe traffic separation schemes within the straits to promote the safe passage of ships. The states should respect the following requirements: sea-lanes and traffic separation schemes shall conform to

generally accepted international regulations; before designating or substituting sea lanes or prescribing or

substituting traffic separation schemes, states bordering straits shall refer proposals to the competent international organization with a view to their adoption;

states bordering straits shall clearly indicate all sea lanes and traffic separation schemes designated or prescribed by them on charts to which due publicity shall be given

International Straits and Transit passage

Black Sea Straits   The Black Sea Straits is a major international shipping

route that connects the Black Sea and the Mediterranean Sea. It is regulated by the Montreux Convention of 1936.  

Baltic Straits  The Baltic Straits, or Danish Straits as it is sometimes

called, consist of three straits - the Great Belt, the Little Belt and the Sound. It is the only waterway connecting the Baltic Sea with the North Sea and the Atlantic Ocean.

The use of the Baltic Straits by merchant shipping has a long history. It is governed by the Copenhagen Convention which came into force on March 14, 1857.

Examples of Straits

Canals are accorded a special place in international maritime law because: canals are artificially created shipping ways; canals connect the high seas and consequently are major

waterways of international value and in this respect they differ significantly from other internal waters of a state, for example, national rivers;

canals have an important and significant status defined by their geographical position, as all of them form an immediate connection between vast areas of the high seas.

canals are of international important for navigation In this respect some canals are of greater importance than many international channels and straits  

International Canals

In terms of commercial navigation and traffic density the Suez Canal is the most important canal in the world.

Regulations for the Suez Canal were established in 1888 by the Convention of Constantinople. This was the first treaty in the history of international maritime law to grant free passage within a canal.

Article 1 prohibits interference with vessels in the canal and so guarantees free passage in peacetime and war. Article 2 prohibits obstruction and interference with the security of the canal and its branches.

Suez Canal

The entire length of the Kiel Canal (98.7 km) is within German territory. It is 102 meters wide at the surface, 42 meters wide at its bed and the depth of the fairway is 11.3 meters. The canal connects the North Sea to the Baltic Sea and saves a journey of 685 km through the Baltic Straits.

Navigation in the Canal is regulated by the Navigation Rules of the Kiel Canal, which gives freedom of passage to merchant vessels of all countries after payment of transit fees and receipt of a passage certificate. Vessels not fit to sail in the Canal may be refused passage.

Kiel Canal

The Panama Canal connects the Gulf of Panama in the Pacific Ocean with the Gulf of Mosquitoes in the Caribbean Sea.

The Panama Canal started to function as a shipping line on August 15, 1914, but was not open to international shipping until 1920. It is now a neutral international waterway open to vessels of all countries on conditions of full equality and non-discrimination.

On December 31, 1999 the Panama Canal passed under the sovereignty of Panama according to the Torrijos-Carter Treaty of 1977. At this point the Canal became a government enterprise.

Panama Canal

The term “high seas” means all parts of the sea that are not included in the territorial sea or in the internal waters of a state.

The high seas is open to all nations, and as such no state may validly subject any part of them to its sovereignty.

The legal regime of the high seas unlike other kinds of maritime areas is regulated only by norms of international law. Two of the sources of international law concerning the high seas are the Convention on the High Seas of 1958 and the United Nations Convention on the Law of the Sea of 1982

High Seas

These include: Freedom of navigation; Freedom to fish; Freedom to lay submarine cables and pipelines; Freedom to fly over the high seas Freedom to construct artificial islands and other

installations permitted under international law; Freedom to do scientific research

Freedoms of the high seas

The freedom of the high seas is not absolute.

States must take into account the interests of other countries

Coastal states reserve the right of hot pursuit

Freedoms of the high seas

It is the right of the coastal state to continue the pursuit of a foreign vessel, outside its territorial sea, contiguous zone and adjacent areas into the high seas, which, while in the territorial sea, contiguous zone or certain adjacent areas of the pursuing State, violated the laws and regulations of this State, PROVIDED THAT, the pursuit commenced immediately after the offence and has not been interrupted.

Hot pursuit

Draw the baselines using UNCLOS….

Drawing Baseline

The End