Essential Notes on Law of Sea

The Law of Sea is a collection of international treaties and agreements that regulates all marine and maritime activities. It encourages a peaceful relationship between the sea and the coastal states. As one of the main topics of international law, it conducts all maritime economic activities, maintains navigation rules and protects the sea from ruling powers. It regulates the geographical activities of various coastal states and plays a role in conserving the aquatic environment. The Law of the Sea is associated with the convention on the Law of Sea, which is an UN-based international treaty. It was signed in 1982 by 117 states, and was adopted in 1994.

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What is the Genesis of the Law?

Hugo Grotius, known as the father of international law, played a significant role in formulating maritime law concepts. During the 17th century, there was a doctrine called “freedom of the seas.” According to this law, the sea is accessible to all the states, but the sea/ocean does not belong to any conditions. The law of the sea is constantly changing. 

Earlier, there was a conflict between “the free sea” and “the open sea.” Due to the advancement in technology, during the 20th century, many states made jurisdictional claims to use, conserve and protect the sea. In 1982, the United Nations adopted the law, consisting of 320 articles, nine annexes, and four resolutions. 

• It expanded the scope of the matters regarding the sea
• It extended the territorial sea to 12 nautical miles
• It provides jurisdictional settlement of the states when in need
• It explains the formation of the international tribunal for the law of the sea to carry out its disputes

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Different Maritime Zones under this Law

The Law of Sea in international law is the only international convention that stipulates a framework of states in the maritime zones. According to the sea law, marine areas are divided into five zones.

The zones are internal waters, contiguous zone, territorial sea, and the exclusive economic zone. 

Baseline

It is the lowest waterline, mostly recognised by the coastal states. It is the line alongside the coastal region along with the seaward limits. 

Internal Waters 

Internal waters are the ones present on the landward side of the baseline. It is from here one can measure the territorial sea’s breadth. Every coastal area has complete authority over the internal waters, just like the land territories. For example, ports, bays, rivers, inlets, and lakes are interconnected with any sea. A coastal state has all the rights to prevent the Privately Contracted Armed Security Personnel entry to the port if they carry any sort of weapons forbidden in the national legislation.

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Territorial Sea 

It is the area that extends to the seaward near about twelve nautical miles from the baselines. The coastal regions have jurisdiction and authority on territorial seas. This sovereignty is not just through the sea’s surface but to any subsoil, seabed, and airspace. The rights of the coastal states are restricted to any form of innocent passage from the territorial region of the sea.

Contiguous Zone  

This area extends nearly 24 nautical miles from the baseline of the sea. It can be called an intermediate zone located between high seas and territorial. The coastal states have all the rights to prevent and punish immigration, infringement, and sanitary and custom laws bordering the region and the territorial sea. It gives sovereignty to a region only on the sea surface & floor. This zone does not have air rights or space rights. 

Exclusive Economic Zone (EEZ)

It extends 200 nautical miles to the sea from the baseline. With EEZ, any coastal region has the right to explore, conserve and manage natural sources in the seabed and subsoil, no matter if the resources are living or nonliving. They have exclusive rights to bear every activity like energy production from the sea, water current, and winds. EEZ exclusively allows the rights mentioned above. This zone does not provide the coastal state with the liberty to prohibit navigation (only under various exceptional cases). 

High Seas 

These are the ocean’s surface and water column that does not come under the exclusive economic zone, territorial sea, or the internal water. It is called the “Common Heritage Of All Mankind” and is beyond the nation’s jurisdiction. Coastal countries can conduct various activities in the High Seas only if they are peaceful activities like undersea exploration or marine studies. 

Conclusion

The United Nations Convention Law of Sea or simply The law of the sea is a section of international law that includes several treaties and rules that maintain all the marine and maritime operations. It was adopted by the United Nations in 1982 and had around 320 articles and 168 parties. Law of Sea describes the formulation of the International Tribunal for the law of the sea. It codifies the rules and regulations on the freedom of navigation which is essential for the national security of every coastal state.