1.

International Treaties, Conventions, Protocols, Rules, legislations and

regulations and Law of the Sea 1982 (UNCLOS)

2. Quality and Safety Management

3. Classification Societies and their functions

4. Ship Stability

5. Casualty Investigation

6. Official log books and procedures relating to the entries

7. Monitor and Control Compliance with legislative requirements

8. Ship Security System

9. World Health Organization and International Labour Organization

10. Ship Surveys and Inspections

1.0 International Treaties, Conventions, Protocols, Rules, Legislations
and Regulations and Law of the Sea 1982 (UNCLOS)

Learning objectives: After reading this topic, you will be able to

 Understand international treaties, conventions and protocols.

 Understand law of the sea and zones of jurisdiction in sea.

Introduction: This section provides detail of international

conventions/protocols/amendments/recommendations & guidelines/resolutions with
respect to UNCLOS.

United Nations Organisation has been formed where in all the countries are members to
manage the affairs, implement international agreements and manage them effectively.
UN has got many organisations to manage, Trade, Health, Education etc.

“Treaty” means an international agreement concluded between States in written form

and governed by international law, whether embodied in a single instrument or in two or
more related instruments and whatever its particular designation;

A State may also sign a treaty "subject to ratification, acceptance or approval". In such
a situation, signature does not signify the consent of a State to be bound by the treaty,
although it does oblige the State to refrain from acts which would defeat the object and
purpose of the treaty until such time as it has

A State is obliged to refrain from acts which would defeat the object and purpose of a
treaty when:
It has signed the treaty or has exchanged instruments constituting the treaty subject to
ratification, acceptance or approval, until it shall have made its intention clear not to
become a party to the treaty; or
It has expressed its consent to be bound by the treaty, pending the entry into force of
the treaty and provided that such entry into force is not unduly delayed.

To manage the maritime activities around the globe, International Maritime Organisation
(IMO) has been formed. IMO – the International Maritime Organization – is the United
Nations specialized agency with responsibility for the safety and security of shipping and
the prevention of marine and atmospheric pollution by ships, having its head quarters in
London has 174 member countries.

Some understanding of the following important instruments used by UN will be useful:

 Conventions
 Protocols
 Amendments
 Recommendations and guidelines
 Resolutions

Conventions: the other name for the Treaty is a written agreement between UN and
the other countries. The convention process normally starts after an incident happens.
The convention in a draft form can be proposed and introduced by a Member state or by
group of member states. The UN Secretariat will study the feasibility of proposal,
circulate among the members and put on vote on a notified day. If successful in voting,
the convention is adopted. Please note that the convention is not a law in itself. A
convention becomes a law when it is implemented in a country’s own legal system
meaning that only after every member country will have to make it as a law in their
country, which takes a long time for the convention to come into effect.

Each member state must accept the details mentioned in conventions put forth by the
UN abides by the rules and regulations put forth by the UN and agree to international
supervision required under such conventions. Signature, ratification, acceptance,
approval and accession are different ways in which a member country can give their
consent to be bound by the convention.

Some conventions may take many years to come into force as drafting, changes,
approval, acceptance and implementing takes time making a new convention a tedious
and time consuming process. Hence it is better to amend the existing convention instead
of introducing a new convention each time for the same or similar purpose.

Protocols: If there are some changes required to the Convention which has been
adopted but not yet come into force, it is normally done by introducing a Protocol
indicating changes to conventions. It is normally happens when a country is trying make
the convention as a law in their country, get into some legal issues and request for some
changes in the Convention.

A protocol is one of the ways in which a convention can be modified. When a major
amendment is to be incorporated on regulations of the convention, a protocol is called
among the countries, who are signatory of the original convention when it was signed
and approved. E.g. for MARPOL 73/78, the year 1973 in which the act was passed was
the convention and in 1978 what was passed was the protocol.

A protocol is used for the modification of an IMO convention when

 There is a significant change to the original convention

 When a new chapter is added to the original convention. For example, when
MARPOL Annex VI was added to the MARPOL 73/78 Convention.
 When a change is applicable to the all the chapters
 When IMO feels, the change need to be brought by the protocol

The amendments by protocols are not binding on all the states that have ratified the
original convention. The amendments by the protocols are only binding to the states that
ratify the new protocol.

Amendments: If some or all clauses of the convention are modified by the introduction
of Protocol is and Amendment or we can simply state that Amendments are the reforms
that are needed in a convention backed by the protocols.

Recommendations and guidelines: is a document linked to a convention, which is yet

to be accepted, hence not a legally accepted / binding one for all the member states.
Normally the member country(s) brought in the 'Recommendations and guidelines' has
have made it as a law in their country(s)

Resolutions: Resolutions are the finalized documents on any convention based on

the recommendation or amendment and are accepted or passed by the required number
of member countries

Please Note that for a resolution to come into effect, after one or more member
countries, propose the resolution

 The Organization needs to review the resolution proposal

 Resolution need to be adopted by the required numbers of member countries and
finally
  Resolution needs the acceptance by the member governments
 Then resolution enters into force after a fixed acceptance time.

UNCLOS: The Law of the Sea Convention defines the rights and responsibilities of
nations with respect to their use of the world's oceans, establishing guidelines for
businesses, the environment, and the management of marine natural resources

After the Second World War, the US first proclaimed its continental shelf in 1945 and
later proclaimed to conserve fisheries. Many countries followed that and started claiming
territorial sovereignty in the sea as far out as they wanted. That required an immediate
action by appraisal of the international law of the sea.

Numerous articles were prepared and circulated among the UN Member States between
1959 and 1961 by the International Law Commission. Eventually, the UNCLOS, later to
be known as UNCLOS-I was adopted in a conference held in Geneva in 1958 where four
treaties were debated and adopted. UNCLOS-I was not ratified by most countries.

The delay in ratification of UNCLOS-I led to the adoption of UNCLOS-II convened in

1960. The UNCLOS-II was still not satisfactorily addressing certain issues of the
UNCLOS-I especially defining the width territorial seas.

A number of countries were becoming independent states when decolonization increased

and those states joined the UN without having to accept the regimes of UNCLOS.

The possibility arose where a larger and more powerful State could manipulate the
UNCLOS and take unfair commercial advantage over the smaller states in untapped
deep-sea resources.

The above mentioned arguments led to the adoption of UNCLOS –III in 1974. 117 States
had signed the convention by the end of 1982 and it was finally concluded formally.

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 (1982)

UNCLOS has come into force internationally on 16th November 1994. However some
countries including India have not yet enacted it in a national legislation.

UNCLOS has divided the various areas of the world's seas into Zones of Jurisdiction.

 Internal waters
 Territorial Waters
 Archipelagic waters
 Contiguous zones
 Fisheries limits
 Continental Shelf
 Exclusive Economic Zone
 High Seas

UNCLOS decides the coastal state jurisdiction in the waters mentioned above. None of
the above zones are obligatory and each coastal state has options to adopt them or not,
subject to a maximum limit.

The coastal state cannot impose its sovereignty in most of the zones, as it has limited
rights.
A ship master must never assume that his vessel is inside or outside a particular zone.
For details please consult Annual Notices to Mariners No. 12 (National Claim to Maritime
Jurisdiction).

Countries have their boundaries clearly marked over land but it is not the case with the
sea areas along their coasts. Countries have always wanted to hold control over their
coastal waters. There has been a difficulty in deciding how far out into the sea a country
should be able to exercise this right.
 Law of the sea (UNCLOS)

Learning objectives: After reading this topic, you will be able to understand the following

1. The provisions of UNCLOS.

2. Key features of UNCLOS.
3. Duties of flag state under UNCLOS.
4. UNCLOS requirements for member states.
5. Article 94 of UNCLOS 1982.

Introduction: UNCLOS is often regarded as a framework convention: It sets up

institutions and balances the rights and obligations of states with the interests of the
international community. It is supplemented by other International Conventions and
Protocols such as IMO. This section provides details of UNCLOS provisions and duties of
member states and flag state under UNCLOS.

The following points summarize the main provisions of the Convention, which
are very lengthy documents.

1. The width of territorial sea is set at 12 Nm and contiguous zone at 24 Nm.

2. Innocent passage through the territorial sea is defined.
3. International strait transit passages are defined.
4. Archipelagic waters defined and passage allowed through them.
5. Exclusive economic zone is limited to 200 Nm from the base line.
6. Continental shelf is defined and provision to extend jurisdiction over resources
beyond 200 Nm.
7. Judiciary procedures over the high seas are defined.
8. Management of living resources beyond the limits of EEZ is regulated.
9. Clearly distinguishes between an island and a rock that cannot generate EEZ or
continental shelf.
10. Marine pollution control regulations are established.
11. Marine scientific research regulations are established.
12. A Commission is established on the limits of continental shelf.
13. A procedure is set out for resolving disputes.

The IMO (International Maritime Organization) plays a vital role in the operation of
UNCLOS. Along with the IMO, organizations like the International Whaling Commission
and the International Seabed Authority are vital parties in the functional areas of the
nautical law.

The Law of the Sea Convention defines the rights and responsibilities of nations with
respect to their use of the world's oceans, establishing guidelines for businesses, the
environment, and the management of marine natural resources. Freedom of navigation
and the right of flag States to sail ships on the high seas are enshrined under customary
law and these customary rules have been codified under the 1958 High Seas Convention
and later under the 1982 United Nations Convention on the Law of the Sea (UNCLOS) –
Articles 87 and 90

Flag states must, in accordance with UNCLOS ensure that ships under their flag comply
with international regulations, often adopted by the UN's International Maritime
Organization (IMO), on matters of safety, navigation, crewing etc. The UNCLOS
provisions concerning ship’s flag and Nationality are:

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:
1. 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; – Art. 94(2)(a) and
2. 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.- - Art. 94(2)(b)
3. UNCLOS vide Art. 90 and 91, have been given the right to the Flag States to sail
their ships in the high seas and the right to fix conditions for registering ships under
their flag and giving their nationality to these ships.

Although UNCLOS as the currently prevailing law of the sea, the UN has no direct
operational role in the implementation of the Convention. There are 17 parts, 320
articles and nine annexes to UNCLOS. This law of the sea provides for full money rights
to nations for a 200-mile zone by their shoreline. The sea and oceanic bed extending this
area is regarded to be Exclusive Economic Zone (EEZ) and any country can use these
waters for their economic utilization.

The United Nations Convention on the Law of the Sea (UNCLOS) lays down a
comprehensive regime of law and order in the world's oceans and seas establishing rules
governing all uses of the oceans and their resources. It enshrines the notion that all
problems of ocean space are closely interrelated and need to be addressed as a whole.
The convention also provides the framework for the development of a specific area of
law of the sea. UNCLOS as the currently prevailing law of the sea and is binding
completely.

The Convention was opened for signature on 10 December 1982 in Montego Bay,
Jamaica. This marked the culmination of more than 14 years of work involving
participation by more than 150 countries representing all regions of the world, all legal
and political systems and the spectrum of socio/economic development. At the time of
its adoption, the Convention embodied in one instrument traditional rules for the uses of
the oceans and at the same time introduced new legal concepts and regimes and
addressed new concerns. The Convention also provided the framework for further
development of specific areas of the law of the sea. The 1982 convention was signed by
117 states and it establishes rules governing all uses of the ocean and its resources.

The Convention entered into force in accordance with its article 308 on 16 November
1994, 12 months after the date of deposit of the sixtieth instrument of ratification or
accession. Today, it is the globally recognized regime dealing with all matters relating to
the law of the sea.

The Convention comprises 320 articles and nine annexes, governing all aspects of ocean
space, such as delimitation, environmental control, marine scientific research, economic
and commercial activities, transfer of technology and the settlement of disputes relating
to ocean matters.

Key features of UNCLOS

* Coastal States exercise sovereignty over their territorial sea which they have the right
to establish its breadth up to a limit not to exceed 12 nautical miles; foreign vessels are
allowed "innocent passage" through those waters;
The passage is considered ‘innocent’ as long as it is not prejudicial to peace, good order
or security of the coastal state.
‘Right of innocent passage’ can be suspended it is essential for the protection of coastal
state it’s security or for weapons exercise. In internal waters the coastal state can
exercise jurisdiction over all vessels. In territorial seas, It should both exercise criminal
jurisdiction except:-
1. If the consequences of crime extend to the coastal state.
2. If crime disturbs the peace of the country or good order of the sea
3. If master of a vessel or an agent of the flag state, requests the coastal state to
exercise jurisdiction
4. If jurisdiction if necessary to suppress illicit traffic of narcotic drugs.

 Ships and aircraft of all countries are allowed "transit passage" through straits
used for international navigation; States bordering the straits can regulate
navigational and other aspects of passage;
 Archipelagic States, made up of a group or groups of closely related islands and
interconnecting waters, have sovereignty over a sea area enclosed by straight
lines drawn between the outermost points of the islands; the waters between the
islands are declared archipelagic waters where States may establish sea lanes
and air routes in which all other States enjoy the right of archipelagic passage
through such designated sea lanes;
 Coastal States have sovereign rights in a 200-nautical mile exclusive economic
zone (EEZ) with respect to natural resources and certain economic activities, and
exercise jurisdiction over marine science research and environmental protection;
 All other States have freedom of navigation and overflight in the EEZ, as well as
freedom to lay submarine cables and pipelines;
 Land-locked and geographically disadvantaged States have the right to
participate on an equitable basis in exploitation of an appropriate part of the
surplus of the living resources of the EEZ's of coastal States of the same region or
sub-region; highly migratory species of fish and marine mammals are accorded
special protection;
 Coastal States have sovereign rights over the continental shelf (the national area
of the seabed) for exploring and exploiting it; the shelf can extend at least 200
nautical miles from the shore, and more under specified circumstances;
 Coastal States share with the international community part of the revenue
derived from exploiting resources from any part of their shelf beyond 200 miles;
 The Commission on the Limits of the Continental Shelf shall make
recommendations to States on the shelf's outer boundaries when it extends
beyond 200 miles;
 All States enjoy the traditional freedoms of navigation, overflight, scientific
research and fishing on the high seas; they are obliged to adopt, or cooperate
with other States in adopting, measures to manage and conserve living
resources;
 The limits of the territorial sea, the exclusive economic zone and continental shelf
of islands are determined in accordance with rules applicable to land territory, but
rocks which could not sustain human habitation or economic life of their own
would have no economic zone or continental shelf;
 States bordering enclosed or semi-enclosed seas are expected to cooperate in
managing living resources, environmental and research policies and activities;
 Land-locked States have the right of access to and from the sea and enjoy
freedom of transit through the territory of transit States;
 States are bound to prevent and control marine pollution and are liable for
damage caused by violation of their international obligations to combat such
pollution;
 All marine scientific research in the EEZ and on the continental shelf is subject to
the consent of the coastal State, but in most cases they are obliged to grant
consent to other States when the research is to be conducted for peaceful
purposes and fulfills specified criteria;
 States are bound to promote the development and transfer of marine technology
"on fair and reasonable terms and conditions", with proper regard for all
legitimate interests;
 States Parties are obliged to settle by peaceful means their disputes concerning
the interpretation or application of the Convention;
  Disputes can be submitted to the International Tribunal for the Law of the Sea
established under the Convention, to the International Court of Justice, or to
arbitration. Conciliation is also available and, in certain circumstances, submission
to it would be compulsory. The Tribunal has exclusive jurisdiction over deep
seabed mining disputes.

Contiguous Zone: Extends 12nm beyond the territorial sea limit coastal state must
exercise controls necessary to prevent infringement of its customs fiscal immigration or
sanitary laws and regulations within its territories. Vessels covering noxious dangerous
substances or waste may be turned away on public health or environmental grounds.

DUTIES OF FLAG STATE UNDER UNCLOS

Duties of flag state is explained in article 94 of UNCLOS. It makes clear that the right of
owning a ship ( flying the flag of a country) makes the ship a part of the states national
property. It also entails duties and responsibilities. Flag State duties, with respect to
ships registered under a particular flag, as listed under Article 94 are not meant to be
exhaustive. They are complemented by the international laws and regulations adopted
by the relevant international organizations (IMO and ILO)

The Flag State duties laid down under Article 94 of UNCLOS 1982.
(i) Article 94(1) - General Statement of Duties

 This section makes explicit the matters on which flag states should exercise
jurisdiction. It provides that every state be required to "effectively exercise its
jurisdiction and control in administrative, technical and social matters over ships
flying its flag".

(ii). Article 94(2) - Maintain Register and Assume Jurisdiction

 Flag states are required to maintain a register of ships flying its flag and to
assume jurisdiction under its internal laws over each ship, its masters as well as
crew in administrative, technical and social matters concerning the ship.
 It is important to note that, beyond the requirement that the register should
contain the names of the ships and particulars.
 Furthermore, Article 91 (2) of UNCLOS requires that flag states not only register
ships but to issue registered vessels with documentation to prove registration and
nationality

The process of registration results but is not limited to:

 The allocation of a vessel to a specific State and its subjection to a single

jurisdiction for the purposes, for example, of safety regulation, security aspects,
crewing and discipline on board;
 The conferment of the right to fly the national flag;
 The right to diplomatic protection and consular assistance by the flag State; the
right to naval protection by the flag State.

(iii). Article 94(3) and (4) - Construction, Equipment and Seaworthiness of ships

 Here, flag states are imposed with the obligation to ensure safety with regard to
the construction, equipment, seaworthiness of ships, qualified crew and
communication maintenance.

Article 217(2) of UNCLOS extends the scope of article 94(3);

  It requires the flag State to ensure that its vessels are prohibited from sailing
until they can proceed to sea in compliance with the requirements of international
rules and standards with regard to design, construction and equipment of vessels.

(iv). Article 94(4)

 Provides, that measures be taken by flag states that it must include those
necessary things to ensure "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".
 It also stresses that ship officers and crew should possess appropriate
qualifications, and adhere to international regulations to guarantee safety and
prevent pollution and collisions.

(v). Article 94(5) - Conformity with International Regulations;

 Similarly, with regards to article 94(3) and (4), subsection 5 of the same article
stresses that flag state is required to conform ―generally accepted‖ international
regulations (IMO, MLC etc), procedures and practices and to take any steps which
may be necessary to secure their observation.

(vi). Article 94(6) – Reports to Flag States

 This provision makes it possible for any other State, which has grounds to believe
that the flag State has not exercised proper jurisdiction and control with respect
to a ship, to report the facts to the flag State. When the flag State receives such
a report, it has to investigate the matter and, if necessary, take remedial actions.

(vii). Article 94(7) – Inquiry into Marine Casualties

 This provision imposes on states, that the obligation to carry out inquires before
qualified people/person board the vessel into every maritime accident on the high
sea.

UNCLOS Article 94(2) details the provisions that the flag State needs to fulfill when
allowing ships to fly its flag –

Such measures shall include these 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 - Art.94(4)(a)
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 use and maintenance of communications by radio. - Art.
94(3)(c)
d) that the master, officers and to some extent appropriate the crew are fully conversant
with international regulation concerning safety of life at sea, marine pollution, prevention
of collision and maintenance and use of signals and maintenance of radio communication
and the prevention of collision.
e) Manning and labor conditions and safe manning of the ship as per International rules -
Art. 94(3)(b)
f) training and certification of officers and crew as per International Standards -Art.
94(4)(b)
g) The use of signals, the maintenance of communication and the prevention of collision.
h) The flag State is also under the obligation to investigate any case where any ship
registered under its flag violates any international anti-pollution laws. -Art. 94(7). Some
duties with respect to anti-pollution measures are also assigned to flag States under
UNCLOS. Under Article 217 of UNCLOS the responsibility of the flag State to enforce
measures and adopt laws and regulations aiming at prevention, reduction and control of
pollution and ensure compliance of those vessels flying its flag with marine pollution
laws.
i) 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. Each state shall cause an inquiry to
be held by a suitably qualified person/ 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 any
other incident involving another state or marine environment.

The flag State and the other State shall co-operate in the conduct of any inquiry held by
that other State into any such marine casualty or incident of navigation.”

Provision in UNCLOS concerning ships flag and nationality:

Article 90: Right of navigation : Every state coastal or land locked has the right to have
its ship flying its flag on high seas.

Article 91: Nationality of ship

 Every state must fix condition of ships for the grant of nationality of the
registration and for the right to fly its flag
 Ships have the nationality of the state whose flag they are entitled to fly State
must
 Issue to ship’s flying its flag, documents to that effect
 There should be a genuine link between the state and the ship

Article 92: Status of ships

 Ships must sail under the flag of one state and are subject to the jurisdiction of
the flag state on high seas
 The permission for the change of flag is given only in the case of transfer of
ownership of change of registry
 It also deems that a ship which uses two or more flags according to convenience
will be treated as a ship with no nationality.

Article 93:

Ships flying the flag of the United Nations, its specialized agencies and the International
Atomic Energy Agency.

Ships flying the flag of UN, its specialized agency and International Energy (atomic
energy) agency. It gives provisions for ships to fly the flag on UN or its agencies and
IAEA (International Atomic Energy Agency
The role and duties of flag state as per UNCLOS

 The right of states to confer nationality to ships comes with a number of

responsibilities provided for within UNCLOS and in several international
conventions.

Enforcement of flag state (article 217):

1. Every state must adopt laws / regulation to ensure compliance of international

law by ship Flying its flag.
2. State must take appropriate measures to protect vessel from sailing unless they
are complying International rules and Standards regarding design, construction,
safety equipment, seaworthiness and manning.
3. State must ensure vessel carrying on board all certificate required by
international requirements and most and sure periodical inspection of ships.
4. State should enforce its national law is sufficient evidence is there against a
vessel.
5. State must provide investigation when it's vessel commits a violation of
international rules and regulation.
6. State must take prompt action to any request for information by any other state
and it should inform competent International Organization (IMO) about its action.
7. Flag state must fix advocate penalty for any vessel which violates the law and
penalty must be advocate as per severity discourage future violation.
8. Flag state must cooperate with another flag state if assistance is required.

Right of innocent passage: Innocent passage is a concept in the law of the sea that
allows for a vessel to pass through the territorial waters of another state, subject to
certain restrictions. Right to Innocent Passage under UNCLOS 1982 Article 19 (2) of the
convention provides for some exceptions with regard to innocent passage.

1. 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.
2. Passage of a foreign ship shall be considered to be prejudicial to the peace, good
order or security of the coastal State if in the territorial sea it engages in any of
the following activities:

(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 defense or security of
the coastal State;
(d) any act of propaganda aimed at affecting the defense or security of the coastal
State;
(e) the launching, landing or taking on board of any aircraft;
(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 willful and serious pollution contrary to this Convention;
(i) any fishing activities;
(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.
Freedom of navigation is of utmost importance for all, and maritime security activities
can be considered part of navigational activities as they protect vessels from interference
by third parties.

1. The United Nations convention on the Law of the sea (UNCLOS) provides every nation
with rights and obligations with regard to ship registration and freedom of passage both
over the high seas and through coastal waters of any other nation.
1. A State of registration shall establish a register of ships flying its flag, which register
shall be maintained in a manner determined by that State and in conformity with the
relevant provisions of this Convention. Ships entitled by the laws and regulations of a
State to fly its flag shall be entered in this register in the name of the owner or owners
or, where national laws and regulations so provide, the bareboat charterer. The State of
registration shall issue documentation as evidence of the registration of the ship.

2. Such register shall, inter alia, record the following:

(a) the name of the ship and the previous name and registry if any,
(b) the place or port of registration or home port and the official number or mark of
identification of the ship
(c) the international call sign of the ship, if assigned,
(d) the name of the builders, place of build and year of building of the ship)
(e) the description of the main technical characteristics of the ship
(f) the name, address and, as appropriate, the nationality of the owner or of each of the
owners, and, unless recorded in another public document readily accessible to the
Registrar in the flag State
(g) the date of deletion or suspension of the previous registration of the ship
(h) the name, address and, as appropriate, the nationality of the bareboat charterer,
where national laws and regulations provide for the registration of ships bareboat
chartered-in
(i) the particulars of any mortgages or other similar charges upon the ship as stipulated
by national laws and regulations

3. Furthermore, such register should also record

(a) if there is more than one owner, the proportion of the ship owned by each
(b) the name, address and, as appropriate, the nationality of the operator, when the
operator is not the owner or the bareboat charterer.

4. Before entering a ship in its register of ships a State should assure itself that the
previous registration, if any, is deleted.

5. In the case of a ship bareboat chartered-in a State should assure itself that right to fly
the flag of the former flag State is suspended. Such registration shall be effected on
production of evidence, indicating suspension of previous registration as regards the
nationality of the ship under the former flag State and indicating particulars of any
registered encumbrances.

6. Log-books should be kept on all ships and retained for a reasonable period after the
date of the last entry, notwithstanding any change in a ship's name, and should be
available for inspection and copying by persons having a legitimate interest in obtaining
such information, in accordance with the laws and regulations of the flag State. In the
event of a ship being sold and its registration being changed to another State, log-books
relating to the period before such sale should be retained and should be available for
inspection and copying by persons having a legitimate interest in obtaining such
information, in accordance with the laws and regulations of the former flag State.

7. A State should ensure that direct contact between owners of ships flying its flag and
its government authorities is not restricted.
Measures to prevent, reduce and control pollution of the marine environment-
Article 194 of UNCLOS

1. States shall take, individually or jointly as appropriate, all measures consistent

with this Convention that are necessary to prevent, reduce and control pollution
of the marine environment from any source, using for this purpose the best
practicable means at their disposal and in accordance with their capabilities, and
they shall endeavour to harmonize their policies in this connection.
2. States shall take all measures necessary to ensure that activities under their
jurisdiction or control are so conducted as not to cause damage by pollution to
other States and their environment, and that pollution arising from incidents or
activities under their jurisdiction or control does not spread beyond the areas
where they exercise sovereign rights in accordance with this Convention.
3. The measures taken pursuant to this Part shall deal with all sources of pollution of
the marine environment. These measures shall include, inter alia, those designed
to minimize to the fullest possible extent:
(a) the release of toxic, harmful or noxious substances, especially those which are
persistent, from land-based sources, from or through the atmosphere or by
dumping;
(b) pollution from vessels, in particular measures for preventing accidents and
dealing with emergencies, ensuring the safety of operations at sea, preventing
intentional and unintentional discharges, and regulating the design, construction,
equipment, operation and manning of vessels;
(c) pollution from installations and devices used in exploration or exploitation of
the natural resources of the seabed and subsoil, in particular measures for
preventing accidents and dealing with emergencies, ensuring the safety of
operations at sea, and regulating the design, construction, equipment, operation
and manning of such installations or devices;
(d) pollution from other installations and devices operating in the marine
environment, in particular measures for preventing accidents and dealing with
emergencies, ensuring the safety of operations at sea, and regulating the design,
construction, equipment, operation and manning of such installations or devices.

4. In taking measures to prevent, reduce or control pollution of the marine

environment, States shall refrain from unjustifiable interference with activities
carried out by other States in the exercise of their rights and in pursuance of their
duties in conformity with this Convention.
5. The measures taken in accordance with this Part shall include those necessary to
protect and preserve rare or fragile ecosystems as well as the habitat of depleted,
threatened or endangered species and other forms of marine life.
 Baseline and Internal Waters
Learning objectives: After reading this topic, you will be able to understand

1. the baseline and internal waters under UNCLOS.

2. the rights of foreign flag vessels in internal waters.
3. Obligations of coastal states for protection of marine environment and prevent
pollution under UNCLOS.

Introduction: This section provides details of baseline and internal waters under
UNCLOS. Also the key features in obligations of coastal states are explained.

Baseline: Normal Baseline is the low-water line along the coast line as marked and
officially recognized by the coastal state. The Baseline is the seaward low-water line of
the reef in case of islands situated on atolls or islands having fringing reefs. Straight
Baselines are used where the coastline is deeply indented and cut into or if a fringe of
islands is situated in the immediate vicinity of the coastline.

Internal waters: The waters on the landward side of the baseline form part of the
internal waters. In simple terms, it is the waters between the shoreline and the baseline
from which the territorial sea is measured. Wherever the use of straight Baseline has the
effect of enclosing as internal waters which previously was not, a right of innocent
passage shall exist in those waters.

Internal Waters include littoral areas such as ports, rivers, inlets and other marine
spaces landward of the baseline (low-water line) where the port state has jurisdiction to
enforce domestic regulations. Enforcement measures can be taken for violations of static
standards while in port as well as for violations that occurred within the coastal state’s
maritime zones and beyond. In archipelagic States it includes waterway such as river
and canal and sometimes water within the small base, in internal water the coastal state
can exercise jurisdiction over all vessels.

A vessel flying a foreign flag shall have the right of innocent passage across the
internal waters only when:

1. Force measure (Emergencies)

2. The vessel is a warship or some other government owned vessels.

Internal Water extends from the shore to the base line. Within these waters the coastal
state has jurisdiction over all ships when they voluntarily enter these waters. Foreign
'flag vessels have-right of innocent passage through internal waters in three cases only:

1. When the base line has been redrawn, to enclose waters previously seaward of
the base line.
2. In case of force measure i.e. When vessels enter internal waters involuntarily,
weather conditions, mechanical failure. In these cases, the jurisdiction remains
with the flag state.
3. For war ships and other public vessels they are regarded as agents of the head of
state of a country and they are granted immunity, provided they enter these
waters with coastal states' consent.
Normally the coastal state will not enforce its own laws on a foreign flag vessel in
internal waters except when its particular interests are affected. e.g. offences caused by
the vessel affecting the peace/order of the port.

1. Breach of custom and immigration regulations.

2. When the master of the vessel requests the coastal state to assist e.g. unruly
passengers or mutiny on board.
3. When a third party or an outside person apart from crew is involved in an
incident.
4. Breach of local regulations on pollution, navigation, pilotage etc.

Key features in UNCLOS of obligations of Coastal States for protection of marine

environment and prevention of pollution:

 UNCLOS, is widely recognized as the general legal framework within which all
activities in the oceans and seas must be carried out. Although IMO is explicitly
mentioned in only one of the articles of UNCLOS (article 2 of Annex VIII), several
provisions in the Convention refer to the "competent international organization" in
connection with the adoption of international shipping rules and standards in
matters concerning maritime safety, efficiency of navigation and the prevention
and control of marine pollution from vessels and by dumping.
 In this regard, the degree to which coastal States may enforce IMO regulations in
respect of foreign ships in innocent passage in their territorial sea or navigating
the exclusive economic zone (EEZ) is provided by UNCLOS.
 Article 221(1) of UNCLOS recognizes the right of a coastal State to take and
enforce measures beyond the territorial sea proportionate to the actual or
threatened damage to protect their coastline or related interests from pollution or
threat of pollution, following upon a maritime casualty or acts relating to such a
casualty, which may reasonably be expected to result in "major harmful
consequences".
 Article 192 of UNCLOS provides for the general obligation for States to protect
and preserve the marine environment. This obligation applies everywhere in the
oceans.
 Article 194 further elaborates on the measures to be taken by States, individually
or jointly as appropriate, consistent with UNCLOS, to prevent, reduce and control
pollution of the marine environment from any source.
 States are also required, pursuant to article 197, to cooperate on a global basis
and, as appropriate, on a regional basis, directly or through competent
international organizations, in formulating and elaborating international rules,
standards and recommended practices and procedures consistent with UNCLOS,
for the protection and preservation of the marine environment. IMO is the
competent international organization to adopt rules and standards relating to
pollution from vessels and pollution by dumping.
 In accordance with article 211(6) of UNCLOS special mandatory requirements for
certain areas regarding the prevention of operational discharges of harmful
substances have been incorporated in Annexes I, II, IV and V of MARPOL 73/78.
 Also in accordance with article 211(6) of UNCLOS, the IMO Assembly, at its
twenty-fourth session, (November-December 2005), adopted revised Guidelines
for the Identification and Designation of Particularly Sensitive Sea Areas (PSSAs)
(resolution 982(24.
 Within the framework of articles 212(3) and 222 of UNCLOS, IMO is the
appropriate forum for States to establish regulation applicable to vessels to
 prevent, reduce and control pollution of the marine environment from or through
the atmosphere.
 Article 234 of UNCLOS refers to Ice-covered areas. Among many IMO initiatives
for appropriate navigational and environmental regulation for Arctic and Antarctic
shipping, arguably the most important is the development of a mandatory polar
code.
 Territorial Waters
Introduction: This section provides details of territorial waters of sea.

Territorial Seas: Extends to 12 nautical miles from the baseline.

The sovereignty of a coastal state extends to the air over the territorial sea as well as its
bed and subsoil. Foreign flag vessels have a right of innocent passage through it; right of
innocent passage can be suspended if it is essential for the protection of the coastal
state, its security or for weapon exercise.

Coastal state can exercise criminal jurisdiction in territorial Seas if the consequences of
crime extend to the coastal state if crime disturb the peace of the country or good order
of the sea, if zero diction is necessary to suppress traffic of narcotic drugs or if the agent
of flag state request the coastal state to exercise your jurisdiction.

TERRITORIAL SEA: They may extend to a maximum of 12 NM from the base

line.
1. It is a part of the territory of a coastal state but it differs from internal waters. Foreign
flag vessels have right of innocent passage through it.

2. This right can be suspended for security reasons like weapon exercise. Under such
conditions navigation warnings will be transmitted and this can be only temporary.

3. Vessels must ensure their innocence. e.g. non-innocent activities are mainly military
activities namely:
a) Spying
b) Threat or use of force against coastal state
c) Weapon practices
d) Intelligence gathering
e) Propaganda activities
f) Operation of aircraft
g) Breaches of customs, financial, sanitary laws of the coastal state
h) Act of willful and serious pollution
i) Unauthorized fishing
j) Landing or taking on board any military device
k) Research and survey activities – unauthorized
l) Interfering with communication and any other facility or installation of the coastal
state
m) Any other activity not having a direct bearing on the passage.

4. Vessel must also comply with legislation which may further effect the conduct of
innocent passage especially with regards to regulation dealing with safety of navigation,
protection of navigation aids, pipe line, submarine cables, collision regulations. etc.

5. In territorial seas the coastal states can only exercise the following circumstances:
a) If the result of the crime extended to the coastal state.
b) If a crime disturbs the peace of the country or the good order of the territorial sea.
c) On the request of master or agent of the Vessel.
d) To suppress illicit traffic of drugs.
6. Civil Jurisdiction can only be exercised within territorial seas, on vessels which are
passing through territorial seas after leaving the coastal state internal water.
a) Transit through international straits is allowed and the bordering state may not
impede the safe passage of vessels passing through them. Bordering states should
publicize navigational dangers. They may also maintain TSS and sea lanes which passing
vessels must observe.
b) Coastal states, bordering straits may enact regulations for pollution prevention, safety
of navigation, fishing, customs, immigration and sanitary arrangements and vessels
must comply with them when passing through straits; and if not then the flag state can
be held responsible. This is apart from strict compliance with international regulations
SOLAS, MARPOL, Colregs. etc.
 Continental shelf
Learning objectives: After reading this topic, you will be able to understand
continental shelf under UNCLOS.

Introduction: This section provides meanings of continental shelf and continental

margin.

Continental shelf: The continental shelf can be defined as the area whose outer limit
shall not exceed 350 nautical miles from the baseline or shall not exceed 100 nautical
miles from the 2500 meters isobaths (an imaginary line on map connecting points of
equal depth below water surface). The coastal state has exclusive rights for exploring
and exploiting its natural resources in this area. The coastal state has exclusive rights for
exploring and exploiting its natural resources in this area, the state also has the
Exclusive rights to authorize and regulation drilling on the shelf for all purposes

The Continental shelf means: 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.

The Continental margin means: The continental margin comprises the submerged
prolongation of the land mass of the coastal State and consists of the seabed and subsoil
of the shelf, the slope and the rise. It does not include the deep ocean floor with its
oceanic ridges or the subsoil thereof.

1. Continental Shelf may extend well beyond 200 NM from the base
line up to a maximum of 350 NM as it depends upon the topography
and depth of the ocean bed in that area.
2. It does not form a territory of a coastal state. It is a resource zone
where a coastal state may prospect it for natural resources like
mineral oil and other non-living resources of the sea bed, with living
resources belonging to the `sedentary species' (plants, corals etc.).
3. The coastal state can build/maintain and operate artificial islands.
(oil rigs.) etc for exploitation of this zone and will exercise exclusive
jurisdiction over customs, financial, health, safety, and immigration
laws etc. over these artificial islands.
4. Safety zones of not more than 500 m around installations will be
marked for safety of navigation around these islands.
 Exclusive Economic Zone
Learning objectives: After reading this topic, you will be able to understand EEZ under
UNCLOS.

Introduction: This section provides details of EEZ and involvement of coastal state in
EEZ.

Exclusive economic zone (EEZ): The EEZ is another intermediary zone, lying between
the territorial sea (12 nautical miles) and the high seas to the maximum extent of 200
nautical miles from baseline Although high seas freedoms concerning general navigation
principles remain in place, in this zone the coastal state retains exclusive sovereignty
over exploring, exploiting and conserving all natural resources covering and managing
the weather living or non-living of the water adjacent and of the sea bed and its subsoil;
the state has jurisdiction with regards to installation Marine scientific research and
protection and preservation of the Marine environment, all other states enjoying the
freedom of navigation, laying of submarine cables and pipelines.

The coastal state therefore can take action to prevent infringement by third parties of its
economic assets in this area including, inter alia, fishing, bio-prospecting and wind-
farming.

Exclusive Economic Zone (EEZ): The Exclusive Economic Zone extends to not more
than 200 Nm seaward from the baseline from which the width of territorial sea is
measured. The coastal State has the sole right to exploit the natural resources within its
EEZ. Increasing disputes over fishing rights and oil reserves were the main reasons for
introducing the EEZ in UNCLOS.

EXCLUSIVE ECONOMIC ZONE

1. Can extend up to 200 NM from base line.

2. Within these the coastal states can claim rights and duties for natural resources.
3. Navigation is free as on the "high seas" however near offshore installations it may
be restricted.
4. If no EEZ has been declared then the high seas start where the territorial sea
ends.

Rights, jurisdiction and duties of the coastal state within the EEZ:
The coastal State has sovereign rights for the purpose of exploring and exploiting,
conserving and managing the natural resources, whether living or non-living, of the
waters adjacent 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.

The coastal State has jurisdiction in the EEZ:

 For establishment and use of artificial islands, installations and structures

 To conduct marine scientific research
 To protect and preserve the marine environment
 Territorial Sea and Contiguous Zone
Learning objectives: After reading this topic, you will be able to understand

 Territorial waters under UNCLOS.

 Contiguous zone under UNCLOS.

Introduction : This section provides details of territorial sea, contiguous

zone and meanings of passage & innocent passage.

The Territorial sea extends up to 12 NM seaward from the Baseline and

has a different judicial status from that of internal waters.

Well over 100 narrow straits around the world have lost their high seas
corridor after the territorial sea was extended to 12 Nm.

Foreign flag vessels can exercise the right of innocent passage through
the territorial waters of a coastal state.

The coastal state shall not exercise criminal jurisdiction over a ship within
its territorial waters except under the following circumstances:

1. Consequences of crime extend to the coastal state

2. If a crime disturbs the peace of a country or good order of the
territorial sea
3. If the Master of a foreign flag vessel requests intervention
4. Drug trafficking

For the purpose of exercising the right of innocent passage, the

convention has defined the terms involved as follows:
“Passage” means:

1. Passage means navigation through the territorial sea for the purpose of:
(a) Traversing that sea without entering internal waters or calling at a roadstead
or port facility outside internal waters; or
(b) Proceeding to or from internal waters or a call at such roadstead or port
facility.
2. Passage shall be continuous and expeditious. However, passage includes stopping
and anchoring, but only in so far as the same are incidental to ordinary
navigation or are rendered necessary by force majeure or distress or for the
purpose of rendering assistance to persons, ships or aircraft in danger or distress.

Innocent Passage Means:

 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 in the territorial sea it engages in any of
the following activities:

1. 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
2. Any exercise or practice with weapons of any kind
3. Any act aimed at collecting information to the prejudice of the defence or security
of the coastal State
4. Any act of propaganda aimed at affecting the defence or security of the coastal
State
5. The launching, landing or taking on board of any aircraft
6. The launching, landing or taking on board of any military device
7. 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
8. Any act of wilful and serious pollution contrary to this Convention
9. Any fishing activities
10. The carrying out of research or survey activities
11. Any act aimed at interfering with any systems of communication or any other
facilities or installations of the coastal State
12. Any other activity not having a direct bearing on passage

Duties of the coastal States:

1. The coastal State shall not hamper the innocent passage of a foreign flag ship in
its territorial waters.
2. The coastal State shall not impose any requirements on foreign flag ships which
have the practical effect of denying or impairing the right of innocent passage.
3. The coastal State shall not discriminate against the ships of any particular State
or against ships carrying particular cargoes to, from or on behalf of any State.
4. The coastal State shall broadcast information on any danger to navigation, of
which it is aware of, within its territorial sea.

Contiguous Zone: The Contiguous Zone extends not more than 24 Nm from
the Baseline seaward. The coastal State reserves jurisdiction of a
combination of revenue and public health or quarantine. The coastal State
can exercise control over foreign flag ships in its contiguous zone if it has
reasonable grounds to act on the following:

1. To prevent infringement of its customs, fiscal, immigration or sanitary laws and

regulations within its territory or territorial sea
2. To punish infringement of the above laws and regulations committed within its
territory or territorial sea.

The Contiguous Zone is an intermediary zone between the territorial sea

and the high seas extending enforcement jurisdiction of the coastal state
to a maximum of 24 nautical miles from baselines for the purposes of
preventing or punishing violations of customs, fiscal, immigration or
sanitary (and thus residual national security) legislation. Extends 12
nautical miles beyond the territorial sea limit. Vessel carrying noxious or
dangerous substance or waste be turned away on public health or
environmental grounds.

Define International Straits

Learning objectives: After reading this topic, you will be able to understand

 International straits under UNCLOS.

Introduction : This section provides details of international straits and rules for ships in
transit.

International Straits:
The international straits are those narrow water ways 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.

All ships and aircraft enjoy the right of transit passage through the international straits,
which shall not be impeded subject to the conditions provided in this Convention.

The exercise of the freedom of navigation and over-flight solely for the purpose of
continuous and expeditious transit of the strait between one part of the high seas or an
exclusive economic zone and another part of the high seas or an exclusive economic
zone is known as a Transit Passage.

The requirement of continuous and expeditious transit does not preclude ships entering,
leaving or returning from a state along the border of the strait subject to the conditions
to enter that state.

Ships in transit passage shall:

 Proceed without delay through or over the strait

 Not use any force against the sovereignty and refrain from issuing any threat to
territorial integrity or political independence of States bordering the strait. The
ship should not in any other manner violate the principles of international law
embodied in the Charter of the United Nations.
 Should not indulge in activities other than those incident to their normal modes of
continuous and expeditious transit unless rendered necessary by force measure
or by distress.
 Comply with all relevant provisions of the UNCLOS.
 Abide by generally accepted international regulations, procedures and practices
for safety at sea, which includes the International Regulations for Preventing
Collisions at sea.
 Comply with procedures and practices for the prevention, reduction and control of
pollution from ships.

Duties of States bordering straits:

States which are bordering the strait shall not hamper the transit passage of a ship and
shall broadcast information on any danger to navigation or over-flight within or over the
strait of which they are aware of. There shall be no suspension of transit passage.
 High seas
Learning objectives: After reading this topic, you will be able to
understand:

 High seas under UNCLOS.

Introduction : This section provides details of various freedoms at high

seas.

Under the UNCLOS convention, the term “High Seas” refers 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.

High seas: It is the part of the sea which are not included in the Exclusive economic
zone in the territorial sea, or the internal waters of a coastal state or archipelagic
quarters of an archipelagic state. High Seas are open to all states for freedom of
navigation, freedom of overflight, freedom of construction artificial Island installation,
freedom of fishing and freedom of scientific research. High Seas are reserved for
peaceful navigation through International waters however regulations have been made
to avoid prevention of slave trade, piracy, seizure of ships, illicit narcotics trafficking and
unauthorized broadcasting. The Convention establishes freedom of activity in six
spheres: Navigation, Overflight, Laying of cables and pipelines, Artificial islands and
installations, Fishing, Marine scientific research.

The Convention declares the high seas open to all states irrespective of whether they are
coastal or land-locked. The States can exercise the Freedom of the High Seas under the
conditions laid down in this Convention.

The Freedom of the High Seas comprises of:

 Freedom of navigation
 Freedom of over-flight
 Freedom to lay submarine cables and pipelines
 Freedom of fishing
 Freedom of scientific research

The above listed are subject to the conditions of the relevant parts of this
Convention and other international law.
 UNCLOS on Marine Pollution
Learning objectives: After reading this topic, you will be able to understand

 The controls on marine pollution under UNCLOS:

Introduction: This section provides details of:

1. Article 194 of UNCLOS to prevent, reduce and control marine

pollution.
2. Flag state and port state responsibilities on UNCLOS.

Before getting into UNCLOS on marine Pollution, Recalling the UNCLOS

requirements for member States to register ships flagged with
them:
1. The United Nations convention on the Law of the sea (UNCLOS) provides every nation
with rights and obligations with regard to ship registration and freedom of passage both
over the high seas and through coastal waters of any other nation.
(a) A State of registration shall establish a register of ships flying its flag, which register
shall be maintained in a manner determined by that State and in conformity with the
relevant provisions of this Convention. Ships entitled by the laws and regulations of a
State to fly its flag shall be entered in this register in the name of the owner or owners
or, where national laws and regulations so provide, the bareboat charterer. The State of
registration shall issue documentation as evidence of the registration of the ship.

2. Such register shall, inter alia, record the following:

(a) the name of the ship and the previous name and registry if any,
(b) the place or port of registration or home port and the official number or mark of
identification of the ship
(c) the international call sign of the ship, if assigned,
(d) the name of the builders, place of build and year of building of the ship)
(e) the description of the main technical characteristics of the ship
(f) the name, address and, as appropriate, the nationality of the owner or of each of the
owners, and, unless recorded in another public document readily accessible to the
Registrar in the flag State
(g) the date of deletion or suspension of the previous registration of the ship
(h) the name, address and, as appropriate, the nationality of the bareboat charterer,
where national laws and regulations provide for the registration of ships bareboat
chartered-in
(i) the particulars of any mortgages or other similar charges upon the ship as stipulated
by national laws and regulations

3. Furthermore, such register should also record

(a) if there is more than one owner, the proportion of the ship owned by each
(b) the name, address and, as appropriate, the nationality of the operator, when the
operator is not the owner or the bareboat charterer.

4. Before entering a ship in its register of ships a State should assure itself that the
previous registration, if any, is deleted.

5. In the case of a ship bareboat chartered-in a State should assure itself that right to fly
the flag of the former flag State is suspended. Such registration shall be effected on
production of evidence, indicating suspension of previous registration as regards the
nationality of the ship under the former flag State and indicating particulars of any
registered encumbrances.

6. Log-books should be kept on all ships and retained for a reasonable period after the
date of the last entry, notwithstanding any change in a ship's name, and should be
available for inspection and copying by persons having a legitimate interest in obtaining
such information, in accordance with the laws and regulations of the flag State. In the
event of a ship being sold and its registration being changed to another State, log-books
relating to the period before such sale should be retained and should be available for
inspection and copying by persons having a legitimate interest in obtaining such
information, in accordance with the laws and regulations of the former flag State.

7. A State should ensure that direct contact between owners of ships flying its flag and
its government authorities is not restricted.

The 1982 United Nations Convention on the Laws of the Sea (UNCLOS) is an
international agreement that resulted from the third UN Conference on the Law of Sea
(UNCLOS III). This convention came into force as ratification of an earlier United Nations
convention i.e. the Geneva Convention of 1958. (UN. Org 2012). The rights and
responsibilities of the nations in their use of world‘s oceans and managing marine
resources, the freedom of Navigation, the concept of flag states and its responsibilities
are among the important features of the convention.

1982 United Nations Convention on the Law of the Sea (UNCLOS). is sometimes referred
to as a “constitution of the oceans” because it is so comprehensive in scope; virtually all
uses of the oceans are addressed in the treaty. Numerous provisions address the
conservation of the marine environment and the protection of marine wildlife.

As per UNCLOS "pollution of the marine environment" defined as “the introduction by

man, directly or indirectly, of substances or energy into the marine environment,
including estuaries, which results or is likely to result in such deleterious effects as harm
to living resources and marine life, hazards to human health, hindrance to marine
activities, including fishing and other legitimate uses of the sea, impairment of quality for
use of sea water and reduction of amenities”.

Part XII of UNCLOS is entitled “Protection and Preservation of the Marine Environment”
and includes both general and specific obligations of state parties to prevent, reduce,
and control pollution.

To curb marine pollution and regulate the use of the world’s oceans by individual States,
the nations of the world have come together to form two major conventions: one on
dumping of wastes at sea (Convention on the Dumping of Wastes at Sea, to be replaced
by the 1996 Protocol) and the other laying down rights and responsibilities of States in
use of the oceans and their resources (United Nations Convention on Law of the Sea or
UNCLOS).

‘Dumping’ here does not cover wastes derived from the exploration and exploitation of
sea-bed mineral resources. 1996 Protocol, which became effective on March 24, 2006,
replaces the 1972 Convention. It brings a major change in approach regarding the use of
the sea as a place for dumping of waste materials.

The beginning of UNCLOS to the ‘freedom of the seas’ concept of the seventeenth
century which limited national rights to a belt of water extending from the coastlines of a
nation. This was usually three nautical miles as laid down by the ‘cannon shot’ rule
evolved by Cornelius Bynkershoek, a Dutch jurist. All waters that were beyond national
boundaries were ‘international waters’.
In 1945, US President Truman extended the US’ control to all-natural resources of its
continental shelf. In the five years that followed, Argentina, Peru, Chile and Ecuador
extended their rights to 200 nautical miles. Other countries extended their territorial
seas up to 12 nautical miles.

The United Nations Convention on the Law of the Sea governs all aspects of ocean
space. It gives special attention to protection and preservation of the marine
environment (part XII, articles 192- 237). It covers six main sources of ocean pollution:
land-based and coastal activities, continental shelf drilling, potential seabed mining,
ocean dumping, vessel-source pollution and pollution from or through the atmosphere.

The UNCLOS lays down the basic obligation of all countries to protect the marine
environment and preserve it. All States are asked to cooperate, globally and regionally,
to set up rules and standards and measures for this purpose.

 Currently all states agree on their meeting MARPOL standards.

 Coastal states may have own regulations in their Exclusive Economic Zone-EEZ.
 In territorial seas/TSS sea lanes for dangerous cargo can be established.
 Coastal states may allow entry to island water and harbors only if additional
regulations on pollution are met.

UNCLOS ON MARINE POLLUTION

 Currently all states agree on meeting MARPOL standards.

 Coastal states may have own regulations in their Exclusive Economic Zone-EEZ.
 In territorial seas/ TSS or sea lanes for dangerous cargo can be established.
 Coastal states may allow entry to island water and harbors only if additional
regulations on pollution are met.

Measures to prevent, reduce and control pollution of the marine environment-

Article 194 of UNCLOS
1. States shall take, individually or jointly as appropriate, all measures consistent with
this Convention that are necessary to prevent, reduce and control pollution of the marine
environment from any source, using for this purpose the best practicable means at their
disposal and in accordance with their capabilities, and they shall endeavour to harmonize
their policies in this connection.

2. States shall take all measures necessary to ensure that activities under their
jurisdiction or control are so conducted as not to cause damage by pollution to other
States and their environment, and that pollution arising from incidents or activities under
their jurisdiction or control does not spread beyond the areas where they exercise
sovereign rights in accordance with this Convention.

3. The measures taken pursuant to this Part shall deal with all sources of pollution of the
marine environment. These measures shall include, inter alia, those designed to
minimize to the fullest possible extent:
(a) the release of toxic, harmful or noxious substances, especially those which are
persistent, from land-based sources, from or through the atmosphere or by dumping;
(b) pollution from vessels, in particular measures for preventing accidents and dealing
with emergencies, ensuring the safety of operations at sea, preventing intentional and
unintentional discharges, and regulating the design, construction, equipment, operation
and manning of vessels;
(c) pollution from installations and devices used in exploration or exploitation of the
natural resources of the seabed and subsoil, in particular measures for preventing
accidents and dealing with emergencies, ensuring the safety of operations at sea, and
regulating the design, construction, equipment, operation and manning of such
installations or devices;
(d) pollution from other installations and devices operating in the marine environment, in
particular measures for preventing accidents and dealing with emergencies, ensuring the
safety of operations at sea, and regulating the design, construction, equipment,
operation and manning of such installations or devices.

4. In taking measures to prevent, reduce or control pollution of the marine environment,

States shall refrain from unjustifiable interference with activities carried out by other
States in the exercise of their rights and in pursuance of their duties in conformity with
this Convention.

5. The measures taken in accordance with this Part shall include those necessary to
protect and preserve rare or fragile ecosystems as well as the habitat of depleted,
threatened or endangered species and other forms of marine life.

Flag State and Port State responsibilities

Coastal States have sovereign rights in a 200-nautical mile exclusive economic zone
(EEZ) with regard to natural resources and some economic activities. It has rights to
exercise jurisdiction over marine science research and environmental protection. Such
jurisdiction allows coastal States to control and prevent marine pollution as a result of
dumping, land-based sources or seabed activities subject to national jurisdiction or from
the atmosphere where marine pollution from foreign vessels is concerned.

Coastal States can exercise jurisdiction only for the enforcement of laws and regulations
adopted in accordance with the UNCLOS or those that relate to “accepted international
rules and standards” adopted through a competent international organization—the
International Maritime Organization (IMO).

It is the ‘flag State’—the State, where a ship is registered and whose flag it flies—which
must enforce the rule adopted for marine pollution from their vessels. This is especially a
safeguard on the high seas—waters beyond the national jurisdiction of States.

The UNCLOS allows enforcement powers to the ‘port State’—the State which is a ship’s
destination. The port State can enforce any type of international rule or national
regulations adopted in accordance with the Convention or applicable international rules
as a condition for the foreign vessels entering into their waters or their ports.

When a vessel is voluntarily within a port or at an offshore installation, the port state
may, supported by evidence, proceed against the vessel indulging in pollution e.g.
MARPOL violation. Another state where a discharge violation has occurred or a flag state
may request another port state to investigate on behalf where there is clear evidence
that a vessel in territorial seas has violated UNCLOS regulations or applicable pollution
regulations. The coastal state may inspect/ institute proceedings including detention.

Part XII of UNCLOS as regarding the protection and precaution of marine

environment.
Article 217 of 1982 UNCLOS as a whole, coupled with its place in the convention
reaffirms the rule that the primary responsibility for enforcement of vessel-source
pollution rests with the flag State.

Under Article 217(1), the flag State is to ensure compliance by vessels registered under
its flag with applicable international rules and standards, which here particularly refer to
MARPOL 73/78. Flag States are also to ensure under Article 217(3) that vessels flying
their flag carry on board the appropriate certificates and that the vessels are duly
periodically inspected to verify that the vessels are in conformity with the relevant
certificates on board.

Article 217(8), modelled on the relevant provisions of MARPOL 73/78 requires penalties
provided by the flag State to be “adequate in severity to discourage violations wherever
they occur.” Thus, the flag State must have in place an effective enforcement regime for
vessels registered under its flag.

The important highlights of UNCLOS with respect to environment

protection: UNCLOS is often regarded as a framework convention: It sets up
institutions and balances the rights and obligations of states with the interests of the
international community. It is supplemented by other International Conventions and
Protocols such as IMO. One of the function of UNCLOS is to allocate responsibility to
State for setting same standard and enforcing the same standard in various Maritime
zones to reduce / control the source of pollution. There are six main sources of ocean
pollution addressed in the United Nations Convention on the Law of the Sea (1982):

1. Land-based and coastal activities: The release of toxic, harmful or noxious

substances, especially those which are persistent, from land-based sources, river
from and shall take measures to minimize the release of such substances.
2. Vessel-source pollution: Pollution from vessels, in particular measures for
preventing accidents and dealing with emergencies, ensuring the safety of
operations at sea, preventing intentional and unintentional discharges, and
regulating the design, construction, equipment, operation and manning of
vessels; This deals with the pollution of sea by discharge of oily water and also
more harmful pollution caused by sewage, garbage, insecticides, herbicides,
untreated ballast water etc.
3. Continental-shelf drilling: Pollution from installations and devices and drills
used in exploration or exploitation of the natural resources of the Continental
shelf, in particular measures for preventing accidents and dealing with
emergencies, ensuring the safety of operations at sea, and regulating the design,
construction, equipment, operation and manning of such installations or devices;
4. Potential seabed mining: Coastal States shall adopt laws and regulations to
prevent, reduce and control pollution of the marine environment arising from or
in connection with seabed and subsoil. activities subject to their jurisdiction and
from artificial islands, installations and structures under their jurisdiction,
pursuant to articles 60 and 80 of UNCLOS.
5. Ocean dumping: Dumping of any waste product or mining residues within the
territorial sea and the exclusive economic zone or onto the continental shelf shall
not be carried out without the express prior approval of the coastal State, which
has the right to permit, regulate and control such dumping after due
consideration of the matter with other States which by reason of their
geographical situation may be adversely affected thereby.
6. Pollution from or through the atmosphere: States shall adopt laws and
regulations to prevent, reduce and control pollution of the marine environment
from or through the atmosphere, applicable to the air space under their
sovereignty and to vessels flying their flag or vessels or aircraft of their registry,
taking into account internationally agreed rules, standards and recommended
practices and procedures and the safety of air navigation.
 The Law of the Seas as implemented in India
Learning objectives: After reading this topic, you will be able to understand

 The laws of sea implemented in India under UNCLOS.

Introduction : This section provides details of Act 1976 as applicable to

India.

The Territorial Waters, Continental Shelf, Exclusive Economic

Zones and Maritime Zones Act, 1976

The Law of the Seas as implemented in India: The activities within the
maritime zones of India are being managed by many Union Government
ministries like Ministry of Shipping, Road Transport and Highways,
External Affairs, Defence, Earth Sciences, Law and Justice, etc., each
having differing rights, interests, mandates and responsibilities.

In the past, territorial waters and continental shelf were proclaimed and
governed by the President of India. In 1976, following the adoption of
UNCLOS-III in a conference held in Geneva by the International maritime
nations, “The Territorial Waters, Continental Shelf, Exclusive Economic
Zones and Maritime Zones Act, 1976” was enacted in India.

The Act prescribes the limits of the territorial waters, continental shelf,
EEZ and other maritime zones of the country categorically. The Union of
India has vested with itself the land, minerals and other resources,
underlying the ocean, within the territorial waters, the continental shelf or
the Exclusive Economic Zone.

The Act provides a legal framework clearly specifying the scope, nature
and extent of the country’s rights, control and jurisdiction over the
different maritime zones. It also specifies maritime boundaries with the
neighboring countries including the exploration, exploitation,
management and conservation of natural resources within its maritime
zones.

Moreover, the Act also proposes to enact separate legislation to deal with
the regulation of exploration and exploitation of particular resources
within its maritime zones in future as and when required. This Act can be
seen as umbrella legislation for maritime issues in the country.

The effectiveness of any international convention depends on how well it

can be effectively implemented and enforced in the signatory nations.
“The Territorial Waters, Continental Shelf, Exclusive Economic Zones and
Maritime Zones Act, 1976” is an effort to implement and enforce the
provisions of UNCLOS-III in India while at the same time without
compromising on national security and to safeguard its continental shelf.

As per Article 5 of UNCLOS the National Maritime Administration

(D.G. Shipping) ensures:

1. Applicable international rules and standards concerning, in

particular, the safety of ships and persons on board and the
prevention of pollution of the marine environment.
2. The DG Shipping ensures:

(a) That ships flying the Indian flag comply with its laws and regulations
concerning registration of ships and with applicable international rules and
standards concerning, in particular, the safety of ships and persons on
board and the prevention of pollution of the marine environment,
(b) That Indian flag are periodically surveyed by its authorized surveyors
in order to ensure compliance with applicable international rules and
standards,
(c) That all Indian ships carry on board documents, in particular those
evidencing the right to fly its flag and other valid relevant documents,
including those required by international conventions to which the India is
a Party,
(d) Article 6 - Identification and accountability
(e) Article 8 - Ownership of ships
(f) Article 9 - Manning of ships
(g) Article 10 – Responsibilities in respect of the management of ship
owning companies and ships

Compliance of provisions of UNCLOS by India:

Registration of a ship
1. Registration of any sea going ship or coastal ship is laid down in
various national and international IMS ACT 1958, as amended part 5
section 22.
2. Registration of a ship in India gives the ship the nationality of India
whose flag they are entitled to fly.
3. As per MS ACT 1958 as amended every Indian ship other than of 15 MT
and above and sailing on coast of India must be registered.
4. The basic steps are :

a). Application for registry – for registry of the ship an application for
the registry shall be made by an individual, joint owner or company or
society. The owner makes a proposal to the GOI. The application should
be accompanied by
i. Declaration of ownership
ii. Builder’s certificate. – True account of price and tonnage of ship estimated by
builder.
iii. Instrument of sale. – If second hand ship.
b). Name of the ship – the owner or his agent shall give to registrar at the port of
registry note of the name proposed for the ship at least 14 days before the date on
which he decides to affect the registry.
i. At least 3 names should be proposed.
ii. The names should be approved by DGS.
iii. The registrar of receipt of application applies to DGS for allotment of an official
number.

c). Survey and measurement – After registrar is satisfied with evidence of ownership,
arrangement for the surveyor to survey the ship and her tonnage is made. Later the
surveyor grants the certificate of survey to the ship

d). Carving and marking note – once official number has been allotted, name of the
ship approved by DGS and certificate of survey is granted by surveyor, the registrar shall
issue to owner a carving and marking note which shall be return to the registrar after
carving and marking is done and checked by the surveyor.

e). Issue of certificate of registry – after competition of above process the registrar
shall enter the following particular in respect of the ship.
i. The name of the ship and the port where she belongs
ii. The ship identification number.
iii. The particular of her origin as mentioned in declaration of ownership.
iv. The name and description of here registered owner and number of shares (if any)
v. On competition the registrar retains the following documents:

1. The surveyor’s certificate.

2. The builder’s certificate.
3. Any instrument of sale.
4. All declaration of ownership.

vi. On competition of registry of an Indian ship the registrar grants a certificate of

registry containing particulars as insured in the register book with the name of her
master.

vii. Fees of permanent registry will be as per gross tonnage and for provisional registry is
1100 INR.

Part XII of UNCLOS as regarding the protection and precaution of marine

environment. The government of India is signatory and has ratified to international
convention such as SOLAS, MARPOL for control of pollution of maritime environment and
other factors.

1. India has enforced pollution regulations in our own EEZ.

2. In our territorial sea additional navigational restrictions such as traffic separation
is imposed on ships with dangerous and hazardous cargo.
3. India is also exercising PSC on following flagged vessels and regular flag state
inspections are carried out to prevent pollution and protect the environment.
4. The safety aspect is taken care by SOLAS under which the necessary statutory
certificates are issued to the vessel of Indian flag satisfactory survey.
5. For smaller vessels < 500 GRT the GOI has made different rules under the MS
ACT 1958 for safety and pollution prevention.
Civil and social aspect

1. GOI has ratified MLC which came in force on august 2013 consequently the GOI
has developed maritime labor rules for Indian flagged vessels taking into account
the culture of the country.
2. Collective bargaining agreement (CBA) of a MUI and NUSI are taken into account
while implementing such rules.
3. The GOI can exercise criminal jurisdiction and civil jurisdiction onboard foreign
ships as per the provisions described in the UNCLOS

Pollution control mechanism and responsibility (emergency preparedness,

response, containment and clean up of spill) is given to Coast Guard, we are signatory to
OPEC

1. ICG (Indian Coast Guard) to protect the marine environment by raising

awareness surveying and enforcing law pertaining to marine pollution in
Indian water.
2. In order to respond to maritime disaster such as large scale oil spill from tankers
or fire on board vessels the coast guards are well equipped for disaster
prevention such as oil recovery devices and oil fences in far flung locations across
the nation and remains in a constant state of preparedness.

Follow the link to access the full text of the Act.

The Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime
Zones
 ACT-1976 as amended
Learning objectives: After reading this topic, you will be able to understand

 Act-1976 amendment

Introduction: This section provides details of amended act-1976 for

maritime zones.

The Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime
Zones Act, 1976, Act No. 80 of 28 May 1976

This Act may be called the Territorial Waters, Continental Shelf, Exclusive Economic Zone
and other Maritime Zones Act, 1976.

Sections 5 and 7 shall come into force on such date or on such different dates as the
Central Government may, by notification in the Official Gazette, appoint; and the
remaining provisions of this Act shall come into force at once.

Definitions
In this Act, "limit" in relation to the territorial waters,..., the exclusive economic zone or
any other maritime zone of India, means the limit of such waters, shelf or zone with
reference to the mainland of India as well as the individual or composite group or groups
of islands constituting part of the territory of India.

Limits

1. The sovereignty of India extends and has always extended to the territorial
waters of India (hereinafter referred to as the territorial waters) and to the
seabed and subsoil underlying, and the airspace over, such waters.
2. The limit of the territorial waters is the line every point of which is at a distance of
twelve nautical miles from the nearest point of the appropriate baseline.
3. Notwithstanding anything contained in subsection (2), the Central Government
may, whenever it considers necessary so to do having regard to international law
and State practice, alter, by notification in the Official Gazette, the limit of the
territorial waters.
4. No notification shall be issued under subsection (3) unless resolutions approving
the issue of such notification are passed by both Houses of Parliament.
 OTHER MARITIME ZONES
Learning objectives: After reading this topic, you will be able to
understand.

 Zones of archipelagic, contiguous and fisheries.

Introduction: This section provides details of archipelagic waters,

contiguous zone and fisheries zone..

Other Maritime Zones include:

ARCHIPELAGIC WATERS
These are given special status by UNCLOS due to their natural resources, but this status
is only applicable for "Mid-Ocean" states, having one or more archipelago e.g. Fiji,
Lakshwadeep etc.

They are considered same as the territorial sea of a nation with respect to power of
coastal state. But the coastal state has additional duties regarding access to fishing
grounds and other legal activities, like laying, maintenance of submarine cables.

To include the natural flora & fauna in these waters, the base line may be extended thus
including the internal waters of the archipelago state.

Foreign flag Vessels have the right to innocent passage through archipelagic waters.

CONTIGUOUS ZONES

1. These can be established by a coastal state beyond the 12 NM limit of territorial

sea, in case of public health/revenue or quarantine interest up to a maximum of
24 NM.
2. Vessels can be detained in this zone if there is evidence that the ship is violating
or about to violate customs or health regulations. e.g. Smuggling of drugs, illegal
immigrants, etc, into the coastal state. Similarly vessels carrying noxious
(poisonous), Nuclear or dangerous substances or waste may be turned away. In
all other cases foreign Vessels have a right of innocent passage through
contiguous zones.

FISHERIES ZONES

1. The traditional fishery zone called the "Inland fishery zone" can extend up to 12
NM. from the base line. (Not mentioned UNCLOS).
2. As per UNCLOS this can extend up to 200 NM in which a coastal state may
exercise exclusive fishing rights (EFZ = Extended Fishing Zone)
3. Vessels transiting EFZ must observe the local fishing regulations in force.