The United Nations Convention on the Law of the Sea (UNCLOS) is an international treaty that establishes the legal framework for the use and conservation of the world’s oceans and their resources. It defines various maritime zones and rights of states within these zones, aiming to balance national interests with international cooperation.
Key Maritime Zones Under UNCLOS:
- Internal Waters:
- Definition: Waters on the landward side of the baseline from which the breadth of the territorial sea is measured.
- Sovereignty: States exercise full sovereignty over internal waters, similar to their land territory.
- Access Rights: Foreign vessels do not have an automatic right of passage through internal waters; access is subject to the coastal state’s laws and regulations.
- Territorial Sea:
- Breadth: Extends up to 12 nautical miles (nm) from the baseline.
- Sovereignty: Coastal states have sovereignty over the territorial sea, including the air space, sea bed, and subsoil.
- Right of Innocent Passage: Foreign vessels have the right of innocent passage through the territorial sea, provided it is not prejudicial to the peace, good order, or security of the coastal state.
- Contiguous Zone:
- Breadth: Extends up to 24 nautical miles from the baseline.
- Purpose: Allows the coastal state to exercise control necessary to prevent or punish violations of its laws and regulations within its territory or territorial sea.
- Enforcement: Coastal states can enforce laws related to customs, fiscal matters, immigration, and sanitary regulations.
- Exclusive Economic Zone (EEZ):
- Breadth: Extends up to 200 nautical miles from the baseline.
- Rights: Coastal states have sovereign rights for exploring, exploiting, conserving, and managing natural resources in the water column and on or under the sea bed.
- Jurisdiction: Coastal states have jurisdiction over economic activities, including fishing and mineral extraction, but must allow freedom of navigation and overflight by foreign vessels and aircraft.
- Continental Shelf:
- Extent: Extends up to 200 nautical miles from the baseline, or beyond if the natural prolongation of the land territory extends further.
- Rights: Coastal states have rights to explore and exploit the natural resources of the continental shelf, including the sea bed and subsoil, beyond the 200 nautical miles if they can establish that the natural prolongation of their land territory extends further.
- Submission: States must submit data to the Commission on the Limits of the Continental Shelf (CLCS) to establish the outer limits of their continental shelf beyond 200 nautical miles.
- High Seas:
- Definition: All parts of the ocean not included in the exclusive economic zones, territorial seas, or internal waters of any state.
- Freedom of the High Seas: The high seas are open to all states, and every state has the freedom of navigation, overflight, the laying of submarine cables and pipelines, and other lawful uses of the sea.
- Conservation and Management: States are responsible for conserving and managing marine living resources in the high seas and ensuring that activities in the high seas do not harm the marine environment.
- Area:
- Definition: The seabed and ocean floor beyond the limits of national jurisdiction.
- International Seabed Authority (ISA): The Area and its resources are considered the common heritage of mankind. The ISA regulates and manages mineral resources found in the Area, ensuring that benefits are shared equitably.
Baselines:
- Normal Baseline:
- Definition: Typically the low-water line along the coast as marked on official charts.
- Application: Used to measure the breadth of the territorial sea and other maritime zones.
- Straight Baselines:
- Definition: Lines drawn between specific points on the coast, used in cases where the coast is deeply indented or includes many islands.
- Conditions: Must be drawn in accordance with UNCLOS provisions and cannot exceed 100 nautical miles.
- Reefs and Rocks:
- Definition: Low-tide elevations, reefs, and rocks that can impact the baselines and maritime zones.
- Regulations: UNCLOS provides specific rules on the treatment and rights associated with reefs and rocks.
Maritime Delimitation:
- Bilateral Agreements:
- Purpose: States negotiate and agree on maritime boundaries between them through bilateral agreements or treaties.
- Principles: UNCLOS provides principles for maritime boundary delimitation, including equidistance, relevant circumstances, and the need to achieve an equitable solution.
- International Dispute Resolution:
- Mechanisms: Disputes over maritime boundaries or the interpretation of UNCLOS provisions can be settled through negotiation, arbitration, or adjudication by international bodies such as the International Court of Justice (ICJ) or the International Tribunal for the Law of the Sea (ITLOS).
Recent Developments:
- Arctic and Antarctic Claims:
- Arctic Region: Coastal states are submitting claims to extend their continental shelf in the Arctic region, based on scientific data and UNCLOS provisions.
- Antarctic Region: The Antarctic Treaty System and UNCLOS govern the Southern Ocean and related maritime zones, with unique provisions for environmental protection and international cooperation.
- South China Sea Disputes:
- Regional Tensions: Disputes over maritime claims in the South China Sea involve overlapping claims by several states, with significant geopolitical and economic implications.
- Legal and Diplomatic Efforts: Ongoing legal and diplomatic efforts to resolve disputes and uphold UNCLOS principles in the region.
