Cross sectional map of a continental

Capt. RGU , Panchkula 1

Capt. RGU , Panchkula 2
United Nations Convention on the

Law of

the Sea of 10 December 1982

Capt. RGU , Panchkula 3

 UNCLOS

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.

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Diagram of UINCLOS zones

Capt. RGU , Panchkula 5

Extent of maritime zones (UNCLOS)

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 BASELINE

Except where otherwise provided

in this Convention, the normal
baseline for measuring the
breadth of the territorial sea is
the low-water line along the coast
as marked on large-scale charts
officially recognized by the
coastal State.
Capt. RGU , Panchkula 7
 Internal Waters

waters on the landward side of the baseline
of the territorial sea form part of the internal
waters of the State

internal waters (i.e. the waters on the
landward side of the baselines) are

subject to the full territorial sovereignty of
the coastal State

free and unrestricted use by the coastal State
(but restrictions for marine environmental
protection must be respected in as far as
internal waters are addressed in the relevant
treaties)

the coastal State is generally entitled to
enforce its entire legal system in its internal
waters in regard Capt.
to RGU
foreign
, Panchkulavessels. 8
 UNCLOS
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.
The Convention, concluded in 1982, replaced
four 1958 treaties. UNCLOS came into
force in 1994, a year after Guyana became
the 60th nation to sign the treaty.

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 TERRITORIAL SEA

LIMITS OF THE TERRITORIAL SEA

• Landward boundary = seaward boundary
of the internal waters

.
Article 3

Breadth of the territorial sea

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.

Article 4

Outer limit of the territorial sea

The outer limit of the territorial sea is the line every point of
which is at a distance from the nearest point of the baseline
equal to the breadth of the territorial sea.

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 Normal baseline

Except where otherwise provided

in this Convention, the normal
baseline for measuring the
breadth of the territorial sea is
the low-water line along the coast
as marked on large-scale charts
officially recognized by the
coastal State.
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 Contiguous Zone

The contiguous zone may not

extend beyond 24 nautical miles
from the baselines from which the
breadth of the territorial sea is
measured.

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 Rights within contiguous zone

In a zone contiguous to its territorial
sea, described as the contiguous zone,
the coastal State may exercise the
control necessary to:

(a) prevent infringement of its customs,
fiscal, immigration or sanitary laws and
regulations within its territory or
territorial sea;

(b) punish infringement of the above
laws and regulations committed within
its territory or territorial sea.
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 Exclusive Economic Zone

The exclusive economic zone is
an area beyond and adjacent to
the territorial sea, subject to the
specific legal regime established
in this Part, under which the
rights and jurisdiction of the
coastal State and the rights and
freedoms of other States are
governed by the relevant
provisions of this Convention .
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 Exclusive Economic Zone

The exclusive economic zone

shall not extend beyond 200
nautical miles from the baselines
from which the breadth of the
territorial sea is measured.

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 Rights, jurisdiction and duties of
the coastal State (EEZ)

1. In the exclusive economic zone, the
coastal State has:

(a) sovereign rights for the purpose of
exploring and exploiting,

conserving and managing the natural
resources, whether living or non-living, of the
waters superjacent to the seabed and of the
seabed and its subsoil, and 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;
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 Rights, jurisdiction and duties of
the coastal State (EEZ)

(b) jurisdiction as provided for in the relevant
provisions of this Convention with regard to:

(i) the establishment and use of artificial
islands, installations and structures;

(ii) marine scientific research;

(iii) the protection and preservation of the
marine

environment;

(c) other rights and duties provided for in the
Convention.

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 Continental Shelf

The continental shelf of a coastal State
comprises the seabed and subsoil of
the submarine areas that extend
beyond its territorial sea throughout
the natural prolongation of its land
territory to the outer edge of the
continental margin, or to a distance of
200 nautical miles from the baselines
from which the breadth of the
territorial sea is measured where the
outer edge of the continental margin
does not extend up to that distance.
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 Continental Shelf

Further the continental shelf is a real,

naturally-occurring geological formation. It
is a gently sloping undersea plain between
the above-water portion of a landmass
and the deep ocean. The continental shelf
extends to what is known as the
continental slope, a point at which the
land descends further and marks the
beginning of the ocean itself .
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 HIGH SEAS

The provisions of this Part apply to all

parts of the sea that are not included
in the exclusive economic zone, in the
territorial sea or in the internal waters
of a State, or in the archipelagic
waters of an archipelagic State. This
article does not entail any abridgement
of the freedoms enjoyed by all States
in the exclusive economic zone.

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 Freedom in high seas
The high seas are open to all States for :

(a) freedom of navigation;

(b) freedom of over flight;

(c) freedom to lay submarine cables

and pipelines

(d) freedom to construct artificial
islands and other installations
permitted under international law

(e) freedom of fishing

(f) freedom of scientific research

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 High seas

IMPORTANT NOTE

Every State, whether coastal or
land-locked, has the right to sail
ships flying its flag on the high
seas.

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 International Straits

Straits, International in international law,
straits used for international navigation and
therefore open to ships of all countries under
equal conditions. Freedom of the high seas is
a generally recognized principle of
international law, and the legal regime that
applies to the high seas also applies to straits
that link two parts of the high seas and that
are important international waterways.
International straits are free for navigation by
ships of all nations, regardless of whether or
not they overlap with the territorial waters of
littoral states.
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 International Straits

Among such international straits are the
Strait of Gibraltar, La Manche (the English
Channel), Pas de Calais (the Strait of Dover),
Bab el Mandeb, Singapore Strait, and the
Strait of Magellan.

International straits that are the only outlet
from enclosed seas to the high seas have a
special legal status. The rules of navigation in
such straits are regulated by special
international agreements that in many cases
contain restrictions on entry into enclosed
seas by warships of countries without
coastlines on those seas.
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 Archipelagic State

For the purposes of this Convention:

(a) "archipelagic State" means a

State constituted wholly by one or
more archipelagos and may include
other islands;

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 Archipelagic State

(b) "archipelago" means 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.
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 Duty to render assistance

Every State shall require the master
of a ship flying its flag, in so far as
he can do so without serious
danger to the ship, the crew or the
passengers:

(a) to render assistance to any
person found at sea in danger of
being lost;

(b) to proceed with all possible
speed to the rescue of persons in

distress, if informed of their need of
assistance, in so far as such

action may reasonably be expected
of him; Capt. RGU , Panchkula 27
 Duty to render assistance

(c) after a collision, to render
assistance to the other ship, its
crew

and its passengers and, where
possible, to inform the other ship

of the name of his own ship, its
port of registry and the nearest

port at which it will call.

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 TRANSIT PASSAGE

This section applies to straits

which are used for international
navigation between one part of
the high seas or an exclusive
economic zone and another part
of the high seas or an exclusive
economic zone.

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 TRANSIT PASSAGE

In these straits, all ships and aircraft
enjoy the right of transit passage,
which shall not be impeded; except
that, if the strait is formed by an island
of a State bordering the strait and its
mainland, transit passage shall not
apply if there exists seaward of the
island a route through

the high seas or through an exclusive
economic zone of similar convenience
with respect to navigational and
hydrographical characteristics
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 Meaning of innocent passage

Passage is innocent so long as it is not
prejudicial to the peace, good order or security
of the coastal State. Such passage shall take
place in conformity with this Convention and
with other rules of international law.

Passage of a foreign ship shall be considered to
be prejudicial to the peace, good order or
security of the coastal State
if
Capt. RGU , Panchkula 31
 Meaning of innocent passage

(a) any threat or use of force against the
sovereignty, territorial integrity or
political independence of the coastal
State, or in any other manner in violation
of the principles of international law
embodied in the Charter of the United
Nations;

(b) any exercise or practice with weapons
of any kind;

(c) any act aimed at collecting
information to the prejudice of the
defence or security of the coastal State;
Capt. RGU , Panchkula 32
 Meaning of innocent passage

(d) any act of propaganda

aimed at affecting the defence
or security of the coastal
State

(e) the launching, landing or
taking on board of any
aircraft;
Capt. RGU , Panchkula 33
 Meaning of innocent passage

(f) the launching, landing or taking on

board of any military device;

(g) the loading or unloading of any
commodity, currency or person
contrary to the customs, fiscal,
immigration or sanitary laws and
regulations of the coastal State;

(h) any act of wilful and serious
pollution contrary to this Convention;

(i) any fishing activities;
Capt. RGU , Panchkula 34
 Meaning of innocent passage

(j) the carrying out of research or

survey activities;

(k) any act aimed at interfering
with any systems of
communication or any other
facilities or installations of the
coastal State;

(l) any other activity not having a
direct bearing on passage.
Capt. RGU , Panchkula 35
 PIRACY

Article 100

Duty to cooperate in the
repression of piracy

All States shall cooperate to the
fullest possible extent in the
repression of piracy on the high
seas or in any other place outside
the jurisdiction of any State.
Capt. RGU , Panchkula 36
 ARTICLE 101

Definition of piracy

Piracy consists of any of the following acts:

(a) any illegal acts of violence or detention, or
any act of

depredation, committed for private ends by
the crew or the

passengers of a private ship or a private
aircraft, and directed:

(i) on the high seas, against another ship or
aircraft, or

against persons or property on board such
ship or aircraft;

(ii) against a ship, aircraft, persons or
property in a place

Capt. RGU , Panchkula 37

 ARTICLE 101

outside the jurisdiction of any State;

(b) any act of voluntary participation in
the operation of a ship or

of an aircraft with knowledge of facts
making it a pirate ship or

aircraft;

(c) any act of inciting or of intentionally
facilitating an act

described in subparagraph (a) or (b).

Capt. RGU , Panchkula 38

 PIRATE VESSEL

Definition of a pirate ship or aircraft

A ship or aircraft is considered a pirate
ship or aircraft if it is intended by the
persons in dominant control to be used
for the purpose of committing one of
the acts referred to in article 101. The
same applies if the ship or aircraft has
been used to commit any such act, so
long as it remains under the control
of the persons guilty of that act.
Capt. RGU , Panchkula 39
 SEIZURE

Seizure of a pirate ship or aircraft

On the high seas, or in any other place
outside the jurisdiction of any State, every
State may seize a pirate ship or aircraft, or a
ship or aircraft taken by piracy and under the
control of pirates, and arrest the persons and
seize the property on board. The courts of the
State which carried out the seizure may
decide upon the penalties to be imposed, and
may also determine the action to be taken
with regard to the ships, aircraft or property,
subject to the rights of third parties acting in
good faith.

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 NATIONALITY

Nationality of ships

1. Every State shall fix the conditions
for the grant of its nationality to ships,
for the registration of ships in its
territory, and for the right to fly its flag.
Ships have the nationality of the State
whose flag they are entitled to fly.
There must exist a genuine link
between the State and the ship.

2. Every State shall issue to ships to
which it has granted the right to fly its
flag documents to that effect.

Capt. RGU , Panchkula 41

 Duties of the flag State

Article 94

Duties of the flag State
1. Every State shall effectively exercise its
jurisdiction and control in administrative,
technical and social matters over ships flying
its flag.
2. In particular every State shall:

(a) maintain a register of ships containing the
names and particulars of ships flying its flag,
except those which are excluded from
generally accepted international regulations
on account of their small size; and

(b) assume jurisdiction under its internal law
over each ship flying its flag and its master,
officers and crew in respect of
administrative, technical and social matters
concerning the ship.
Capt. RGU , Panchkula 42
 Duties of the flag State

3. Every State shall take such measures for

ships flying its flag as are necessary to
ensure safety at sea with regard, inter alia,
to:

(a) the construction, equipment and
seaworthiness of ships;

(b) the manning of ships, labour conditions
and the training of crews, taking into account
the applicable international instruments;

(c) the use of signals, the maintenance of
communications and the prevention of
collisions.
Capt. RGU , Panchkula 43
 Duties of the flag State
4. Such measures shall include those necessary to ensure:

(a) that each ship, before registration and thereafter at
appropriate intervals, is surveyed by a qualified surveyor of
ships, and has on board such charts, nautical publications
and navigational equipment and instruments as are
appropriate for the safe navigation of the ship;

(b) that each ship is in the charge of a master and officers
who possess appropriate qualifications, in particular in
seamanship, navigation, communications and marine
engineering, and that the crew is appropriate in qualification
and numbers for the type, size, machinery and equipment of
the ship;

(c) that the master, officers and, to the extent appropriate,
the crew are fully conversant with and required to observe
the applicable international regulations concerning the
safety of life at sea, the prevention of collisions, the
prevention, reduction and control of marine pollution, and the
maintenance of communications by radio.

Capt. RGU , Panchkula 44

 Duties of the flag State

5. In taking the measures called for in
paragraphs 3 and 4 each State is required to
conform to generally accepted international
regulations, procedures and practices and to
take any steps which may be necessary to
secure their observance.

6. A State which has clear grounds to believe
that proper jurisdiction and control with
respect to a ship have not been exercised
may report the facts to the flag State. Upon
receiving such a report, the flag State shall
investigate the matter and, if appropriate,
take any action necessary to remedy the
situation.
Capt. RGU , Panchkula 45
 Duties of the flag State
7. Each State shall cause an inquiry to be held
by or before a suitably qualified person or
persons into every marine casualty or
incident of navigation on the high seas
involving a ship flying its flag and causing
loss of life or serious injury to nationals of
another State or serious damage to ships or
installations of another State or to the marine
environment. The flag State and the other
State shall cooperate in the conduct of any
inquiry held by that other State into any such
marine casualty or incident of navigation

Capt. RGU , Panchkula 46