The Law of Seas:
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea
Convention or the Law of the Sea treaty is the international agreement that resulted from the third
United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and
1982. The Law of the Sea Convention defines the rights and responsibilities of nations in their use of the
world's oceans, establishing guidelines for businesses, the environment, and the management of marine
natural resources. (Cut, copied and pasted from Wikipedia :-])
(i) Internal Waters (ii) Territorial Sea (iii) High Seas
(i) Internal Waters:
Consists of ports, harbors, rivers, lakes and canals
Sovereignty of the coastal State extends to internal waters
Coastal State can enforce its laws in
full against foreign merchant ships in its internal waters i.e. ports
(ii) Territorial Sea/ Maritime Belt
Article 2(1), UNCLOS 1982 Coastal States exercise complete sovereignty over territorial sea
However foreign ships have the right of innocent passage in territorial sea. This means that they
can pass through the territorial waters of coastal States but foreign ships cannot act contrary to
the peace and security of the coastal State. Foreign submarines have to show their flag and
navigate on surface while passing through territorial Seas.
Rights of Coastal States in Territorial Sea: (a) exclusive fishing rights and exploitation of sea bed
and sub soil (b) all commercial activities (c) right to transport goods and passengers from one
port to another
Width of Territorial Sea: History: Canon short rule- 3 mile rule
Article 3, UNCLOS 1982: breadth not exceeding 12 nautical miles
(iii) Contiguous Zone: area of high seas adjacent to States territorial Seas
Contiguous zone may not extend beyond 24 nautical miles from the base-line (Note: Contiguous Zone’s
width is 12 nautical miles. Baseline means the point where the water reaches the sea shore. From this
point, width of territorial sea is 12 nautical miles and 12 nautical miles for contagious zone.)
In this zone, coastal state can enforce customs, taxation, immigration and environmental laws. It is also
called as hot pursuit area.
(iv) The High Seas: all parts of the Sea that is not included in the territorial sea or internal
waters of a State. It may be used by all nations for fishing, navigation etc. Air planes are free
to fly over high seas.
General Rule:Ships in high seas are subject to the international law and the law of the flag
State (i.e. if a ship is registered in Pakistan it is subject to Pakistani laws and international
law in high seas)
(v) The Continental Shelf: It is natural prolongation of land territory under water. As a general
rule its width is 200 nautical miles but if the natural prolongation of land under water
extends beyond 200 nautical miles the width lasts till the natural prolongation ends.
However, it may never exceed 350 nautical miles.
(vi) Deep Sea Bed: common heritage of mankind principle. All States can use it for the common
interest of the mankind
(vii) Air Space: States have complete sovereignty over their air space unlimited by any right of
innocent passage. Aircrafts can fly over the high seas but cannot fly over the territory or
territorial sea of another State.
Air transportation between the States is based upon treaties i.e. barter system
Objective: Nationality of air craft is based upon registration.
1944 Chicago Convention: rules and regulations about air law)
(viii) Outer Space: Outer space is free for exploration and use by all States. Outer space
(ix) Exploration is based on the principle of common heritage of mankind.
Activities in space must not contaminate the earth
Objective: Outer Space Treaty of 1967 (basic substantive framework)
