1.

Definition of Maritime Law

Maritime Law (also called Admiralty Law) is the body of laws, conventions, and treaties
that govern private maritime business and other nautical matters, such as shipping,
navigation, waters, insurance, and the transport of goods and passengers by sea.

2. Key Areas of Maritime Law

1. Shipping and Navigation

o Regulates sea transportation, ship registration, and operation.
o Ensures safety standards for vessels and crew.
2. Marine Contracts
o Covers contracts such as charter parties, marine insurance, and bills of
lading.
3. Carriage of Goods by Sea
o Deals with the rights and duties of shippers, carriers, and consignees.
o Ensures proper documentation and liability for lost or damaged goods.
4. Maritime Torts and Accidents
o Covers personal injury (e.g., to seafarers), collisions, and pollution at sea.
o Includes laws like the Jones Act (in the U.S.) that protect maritime workers.
5. Salvage and Treasure Recovery
o Governs the recovery of ships, cargo, or treasures lost at sea and the rights of
those who recover them.
6. Piracy and Maritime Crime
o Addresses issues like piracy, illegal fishing, and smuggling on international
waters.
7. Jurisdiction and Dispute Resolution
o Determines which country’s laws apply and which court can hear maritime
disputes.
8. Port and Harbor Regulations
o Covers the management and use of ports and loading/unloading rules.

3. Importance of Maritime Law

 Facilitates international trade.

 Protects maritime workers.
 Regulates environmental impacts on seas and oceans.
 Provides legal certainty in cross-border shipping.
 4. Sources of Maritime Law

1. International Conventions and Treaties

o Created by organizations like the International Maritime Organization
(IMO).
o Examples:
 UNCLOS – United Nations Convention on the Law of the Sea
 SOLAS – Safety of Life at Sea
 MARPOL – Marine Pollution Convention
 Hague-Visby Rules – Carriage of goods by sea
2. National Legislation
o Each country has its own maritime or admiralty laws.
o E.g., Ethiopia’s Maritime Code (1960) or the U.S. Jones Act
3. Customary International Law
o Long-standing practices accepted as legal obligations in maritime conduct.
o Example: The right of innocent passage.
4. Court Decisions (Case Law)
o Judicial interpretations by maritime courts form precedents.
o Especially influential in common law countries (like the UK or USA).
5. Contracts and Agreements
o Private agreements (charter parties, bills of lading, etc.) often govern
relationships between shipping parties.
6. Doctrine (Legal Writings)
o Scholarly commentary helps interpret unclear or evolving areas of maritime
law.

NB: Article 38 – ICJ Statute: Sources of Law

Article 38(1) lists the main sources of international law that the ICJ applies — and these
also guide the legal basis for decisions in maritime law:

According to Article 38(1), the ICJ applies:

1. International Conventions
o Treaties and agreements recognized by states.
o 👉 In maritime law: e.g., UNCLOS, SOLAS, MARPOL, etc.
2. International Custom
o General practice accepted as law.
o 👉 e.g., right of innocent passage, historic fishing rights.
3. General Principles of Law
o Common legal principles recognized by most national systems.
o 👉 e.g., equity, good faith, res judicata.
4. Judicial Decisions and Teachings (as subsidiary means)
o Court rulings and academic writings.
o 👉 e.g., past maritime boundary judgments, writings of international law
scholars.
Why It Matters in Maritime Law:

When countries bring maritime disputes (like boundaries or navigation rights) before the
ICJ, the court uses Article 38 as the legal foundation to decide cases fairly and according to
accepted international law.

UNCLOS – Short Summary

Full Name: United Nations Convention on the Law of the Sea

It opened for signature 10 Dec. 1982 in Montego Bay and

• Entered into force 16 Nov. 1994.

• UNCLOS consists of 320 articles divided into 17 parts, along with 9 annexes.

Purpose:

 To establish a comprehensive legal framework governing all ocean space, including

the use of marine resources, navigation rights, environmental protection, and
maritime boundaries.
 This Convention is created to define 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.

Key Zones Defined by UNCLOS:

1. Territorial Sea – Up to 12 nautical miles; full sovereignty of coastal state.

2. Contiguous Zone – 12–24 nautical miles; state can enforce laws on customs,
immigration, etc.
3. Exclusive Economic Zone (EEZ) – Up to 200 nautical miles; state has rights over
natural resources.
4. Continental Shelf – Seabed up to 200+ nautical miles; rights over seabed/mineral
resources.
5. High Seas – Beyond national jurisdiction; open to all states.

Important Provisions:

 Freedom of navigation and overflight

 Protection of marine environment
 Settlement of maritime disputes
 Rights of landlocked states
 Role of the International Seabed Authority
 International Maritime Organization (IMO) – Summary

 Established: 1948 (operational since 1959)

 Headquarters: London, United Kingdom
 UN Specialized Agency
 Ethiopia became member of the IMO on May 28, 1980.

Purpose:

To ensure safe, secure, and environmentally sound shipping on clean oceans.

Main Roles:

 Develops international maritime regulations

 Promotes maritime safety and navigation

 Prevents marine pollution from ships

 Supports technical cooperation and capacity building

Key Conventions Adopted by IMO:

1. SOLAS – Safety of Life at Sea

2. MARPOL – Marine Pollution

3. STCW – Standards of Training, Certification and Watchkeeping

4. ISM Code – Safety Management on Ships

Membership: 175+ member states (including Ethiopia)

The 4 IMO Pillar Conventions (Briefly Explained):

1. SOLAS (Safety of Life at Sea)

o Adopted: 1974

o Purpose: Sets safety standards for ship construction, equipment, and operation.

o Focus: Fire safety, life-saving appliances, navigation, and emergency systems.

2. MARPOL (Marine Pollution Convention)

o Adopted: 1973/78

o Purpose: Prevents pollution from ships (oil, chemicals, garbage, sewage, air
emissions).

o Focus: Environmental protection of oceans.

 3. STCW (Standards of Training, Certification and Watchkeeping)

o Adopted: 1978

o Purpose: Sets minimum standards for training and certification of seafarers.

o Focus: Ensures competent crew for safety and security.

4. MLC (Maritime Labour Convention)

o Adopted: 2006 by ILO, but supported by IMO

o Purpose: Protects seafarers’ rights and working conditions.

o Focus: Fair wages, working hours, health, safety, and welfare.

These conventions are binding on IMO member states and form the legal backbone of global
maritime governance.

The National Legal frameworks of Maritime Laws

• The 1960 Ethiopian Maritime Code

• Maritime sector Administration proclamation no 549/2007

• Directives by Transport Minister of Ethiopia and other ministry

Maritime Zones
1. Internal Waters

 Definition: Waters landward of the baseline (e.g., rivers, bays, ports).

 Sovereignty: Full control by the coastal state.

 Example: Lake Tana (Ethiopia – though not marine, similar in concept); Venice canals
(Italy).

2. Territorial Sea

 Limit: Up to 12 nautical miles from the baseline.

 Rights: Full sovereignty, but foreign vessels have right of innocent passage.

 Example: Kenya controls 12 nm off its coast in the Indian Ocean.

NB:- Territorial Sea (Articles 2–19, 21–25)

 Definition: Marine zone extending up to 12 nautical miles from the baseline.

 Sovereignty: Coastal state has full sovereignty over the waters, seabed, subsoil,
and airspace (Art. 2 & 3).
 Jurisdiction: The state has legislative and enforcement powers over people and
activities, unless international law limits it (Art. 2(3)).
 Right of Innocent Passage:

o Foreign vessels have a right to pass through peacefully (Art. 17–19).

o Innocent passage means non-threatening, non-violent transit.
o Passage of warships is debated — states may regulate or require
compliance, but often do not prohibit (Art. 21–22, 25).

Contiguous Zone (Part II continued)

 Definition: Extends 12 to 24 nautical miles from the baseline.

 Control: Coastal state may prevent or punish infringement of laws related to:
o Customs
o Immigration
o Fiscal
o Sanitation
 Purpose: This zone is an extension of enforcement powers, not full sovereignty.

Relationship Between the Two Zones

 Both are measured from the same baseline.

 Both involve sovereign rights, but the territorial sea grants full sovereignty, while
the contiguous zone allows limited control.
 Separate but overlapping regimes.

3. Contiguous Zone

 Limit: 12–24 nautical miles from the baseline.

 Rights: Coastal state can enforce laws on customs, immigration, sanitation.

 Example: Somalia may inspect foreign vessels up to 24 nm from its coast.

NB:- Contiguous Zone

 The Contiguous Zone is a maritime area next to the Territorial Sea, extending up to 24
nautical miles from the baseline (Article 33(2)).

 The coastal State may exercise control in this zone to:

o Prevent and punish violations of its customs, fiscal, immigration, or sanitary

laws committed within its territory or territorial sea (Article 33(1)).

 The Contiguous Zone may be considered:

o Part of the EEZ (if claimed by the coastal State), or

o Part of the high seas (if no EEZ is declared).

4. Exclusive Economic Zone (EEZ)

 Limit: Up to 200 nautical miles from the baseline.

  Rights: Sovereign rights for exploring, exploiting, conserving, and managing natural
resources (fish, oil, gas).

 Example: Nigeria controls oil drilling in its EEZ in the Gulf of Guinea.

NB:- Exclusive Economic Zone (EEZ)

 The EEZ is a maritime zone beyond the territorial sea, extending up to 200
nautical miles from the baseline (Articles 55 & 57).
 A coastal State must declare the EEZ to claim rights over it.

Coastal State Rights in the EEZ (Article 56):

 Sovereign rights for:

o Exploring, exploiting, conserving, and managing natural resources (living
and non-living).
o Economic activities like energy production from water, currents, and wind.
 These rights apply to:
o The water column, seabed, subsoil, and airspace above the EEZ.
 Rights over the seabed and subsoil follow continental shelf rules (Article 56(3)).

Freedoms of Other States in the EEZ (Article 58):

 All states (coastal or landlocked) may enjoy:

o Navigation
o Overflight
o Laying submarine cables and pipelines
o Other lawful uses related to these freedoms (Article 87)

Important Note:

 The coastal State’s rights in the EEZ are not full sovereignty, but limited sovereign
rights for economic purposes only.
 This is different from the comprehensive sovereignty in the territorial sea.

5. Continental Shelf

 Limit: Up to 200 nm or beyond (if natural shelf extends further).

 Rights: Rights to seabed and subsoil resources (not the water).

 Example: Norway extracts gas from the North Sea continental shelf.

NB: Continental Shelf

 The continental shelf is the seabed and subsoil of the submarine areas that extend
beyond the territorial sea, starting from its outer limit (Article 76(1)).
 It includes the underwater landmass adjacent to the coast, but excludes the water
above.
 Legal Definition:

 The landward limit of the continental shelf is the seaward limit of the territorial
sea.
 A coastal State may claim the continental shelf up to:
o 200 nautical miles automatically, or
o Beyond 200 nautical miles if the natural shelf extends further (based on
geological criteria in Article 76).

Coastal State Rights:

 Sovereign rights for exploring and exploiting mineral and other non-living
resources of the seabed and subsoil.

6. High Seas

 Definition: Areas beyond any national jurisdiction.

 Rights: Open to all states for navigation, overflight, fishing, and research.

 Example: Middle of the Atlantic Ocean.

NB:- High Seas – (Article 86)

 The high seas are all parts of the ocean not included in:
o The territorial sea
o The exclusive economic zone (EEZ)
o Or internal waters of any state.
 The starting point of the high seas depends on whether the coastal State has declared
its EEZ:
o If EEZ claimed → high seas begin beyond 200 nm.
o If no EEZ → high seas begin beyond 12 nm (territorial sea).

Key Legal Principles:

1. Freedom of the High Seas (Article 87, 89)

o No State may claim sovereignty over any part of the high seas (Art. 89).
o All States have equal freedom to:
 Navigate
 Fish
 Lay submarine cables
 Conduct scientific research
 Fly over
2. Flag State Jurisdiction (Article 92)
o Ships on the high seas are under the exclusive jurisdiction of the State whose
flag they fly.
o Only that State can regulate and enforce law on those vessels.
 UNCLOS & Ethiopia as a Landlocked States
• Ethiopia is a landlocked State since 1992.

• Ethiopia use almost 85 percent of Djibouti port

• The bilateral agreement of Ethiopia and Djibouti helps Ethiopia to enjoy the port of
Djibouti and other related services.

• Article 125(2) UNCLOS provides about the terms and modalities for exercising freedom
of transit shall be agreed between the land-locked States and transit States concerned
through bilateral, sub-regional or regional agreements.

• Article 90 Right of navigation

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

• Article 69 provides right of land-locked States related with EEZ.

• Landlocked states have the right to exploit living resources of the EEZ of coastal states,
However, this right is not straightforward and is subject to conformity to specific
UNCLOS articles.

• PART 10 UNCLOS

• RIGHT OF ACCESS OF LAND-LOCKED STATES TO AND FROM THE SEA AND

FREEDOM OF TRANSIT

• Art 124(1)(a) define the term landlocked

• A landlocked State means a State which has no sea coast

• Article 125 provides for right of access to and from the sea and freedom of transit. As a
land-locked State we have the right of access to and from the sea for the purpose of
exercising the rights provided for in the Convention including those relating to the
freedom of the high seas and the common heritage of mankind.

• Land-locked States enjoy freedom of transit through the territory of transit States by all
means of transport.
NB:- UNCLOS & Ethiopia as a Landlocked State

 Ethiopia has been a landlocked State since 1992.

 It relies heavily on the Port of Djibouti (about 85% of its import/export activities).
 A bilateral agreement with Djibouti allows Ethiopia access to port services and
transit facilities.

UNCLOS Provisions for Landlocked States

1. Definition
o Article 124(1)(a): A landlocked State is one without a sea coast.
2. Right of Access & Transit
o Article 125: Landlocked States have the right of access to and from the sea
for exercising UNCLOS rights (e.g., use of the high seas).
o Transit must be agreed through bilateral, regional, or sub-regional
agreements with transit states.
o Landlocked States enjoy freedom of transit by all means of transport.
3. Freedom of Navigation
o Article 90: All States, including landlocked ones, have the right to sail ships
flying their flag on the high seas.
4. Rights Related to EEZ
o Article 69: Landlocked States may have rights to exploit living resources in
the EEZs of coastal States, subject to agreements and specific conditions.

Relevant UNCLOS Section:

 Part X of UNCLOS focuses on the "Right of Access of Land-Locked States to and

from the Sea and Freedom of Transit".

Additional

1. Right of Access to and from the Sea (Article 125)

 Ethiopia has the right to access the sea for trade, navigation, and other marine-
related rights.
 This access must be facilitated through bilateral or regional agreements with
coastal neighbors.
 Ethiopia currently exercises this right mainly through a bilateral agreement with
Djibouti.

2. Right of Freedom of Transit (Articles 125–127)

 Ethiopia has the right to freely transit goods and people through Djibouti, Eritrea,
or Somalia, by road, rail, or pipeline.
 Transit states (like Djibouti) must not impede or unreasonably delay this access.
 Agreements determine customs, duties, and administrative procedures.

3. Right of Navigation on High Seas (Article 90)

  Ethiopia has the right to register ships under its flag and sail them on the high seas,
just like coastal states.

4. Rights in the EEZ of Neighboring Coastal States (Article 69)

 Ethiopia may request access to living marine resources in the Exclusive Economic
Zones (EEZs) of Djibouti, Somalia, and Eritrea.
 Such access must be:
o Agreed upon through mutual negotiations,
o Subject to coastal state regulations,
o Non-discriminatory compared to other non-neighboring landlocked states.

In Practice (Current Status):

Country Access or Cooperation with Ethiopia Country Access or Cooperation with Ethiopia

Djibouti Active transit agreement and port access Djibouti Active transit agreement and port access

No formal maritime transit (due to political No formal maritime transit (due to political
Eritrea Eritrea
tension, though improving in recent years) tension, though improving in recent years)

Limited or no formal access, though possible Limited or no formal access, though possible
Somalia Somalia
through regional cooperation (e.g., IGAD) through regional cooperation (e.g., IGAD)

Conclusion:

Under UNCLOS, Ethiopia:

 Has legal rights to sea access, navigation, and limited marine resource use.
 Must negotiate agreements with neighbors (like Djibouti, Eritrea, and Somalia) to
exercise these rights effectively.
 Can benefit more through peaceful regional cooperation and bilateral treaties.
  Can Ethiopia Enforce Its Maritime Rights Without a Bilateral or Multilateral
Agreement?
 Is Ethiopia Legally Permitted Under UNCLOS to Enforce Its Rights of Sea Access,
Transit, and Resource Utilization Without Entering Into Bilateral or Multilateral
Agreements With Coastal States Such as Djibouti, Eritrea, or Somalia?

UNCLOS Requires Agreement Between States

1. Freedom of Transit – Requires Agreement

 Article 125(2) of UNCLOS:

“The terms and modalities for exercising freedom of transit shall be agreed
between the land-locked States and transit States concerned through bilateral,
subregional or regional agreements.”

🔹 Ethiopia must have a formal agreement with Djibouti, Eritrea, or Somalia to legally
access their territory, ports, or infrastructure.

2. Access to EEZ Resources – Requires Coastal State Consent

 Article 69 of UNCLOS gives landlocked states like Ethiopia the right to participate
in exploiting marine resources in neighboring EEZs only:
o If the coastal state consents, and
o Through negotiated terms.

🔹 Ethiopia cannot claim or use marine resources in Djibouti’s, Eritrea’s, or Somalia’s EEZ
without permission.

🚫 No Enforcement Without Agreement

 UNCLOS does not grant enforcement rights to landlocked states over transit or
EEZ use.
 If Ethiopia tried to force access or use without agreement, it would violate
international law and risk political or legal retaliation.
 Disputes must be resolved peacefully, possibly through international arbitration or
ICJ, but not unilaterally enforced.
Can a coastal state restrict the maritime rights of Ethiopia (a landlocked state) like
Eritrea, Somalia, or Djibouti?

 Ethiopia, as a landlocked state, does not have sovereign rights over maritime zones
like coastal states do.
 Under UNCLOS (United Nations Convention on the Law of the Sea), landlocked
states have the right of access to and from the sea, including freedom of transit
through the territory of transit states by all means of transport.
 Coastal states cannot restrict Ethiopia’s right of access to the sea under
international law, but Ethiopia’s maritime rights depend on agreements with
coastal neighbors (such as Djibouti, Eritrea, or Somalia).
 If Ethiopia wants to use ports or maritime facilities of these coastal states, it must rely
on bilateral or multilateral agreements.
 However, coastal states do have sovereign rights over their maritime zones
(territorial sea, EEZ, continental shelf) and can restrict activities within these zones —
but these restrictions apply to all states, not just Ethiopia.
 Therefore, Ethiopia cannot be restricted in its access to the sea per se, but its
maritime activities are subject to the laws and agreements of the coastal states it
uses.

Summary: Coastal states cannot legally restrict Ethiopia’s fundamental right of access to the
sea, but Ethiopia’s maritime rights and activities depend heavily on agreements with coastal
neighbors.

Question Forms: Ethiopia’s Rights under UNCLOS

1. What rights does Ethiopia have under UNCLOS as a landlocked State?
2. How does UNCLOS ensure Ethiopia’s access to and from the sea?
3. Does Ethiopia have the right to navigate the high seas under UNCLOS?
4. What provisions of UNCLOS guarantee Ethiopia’s freedom of transit through
neighboring coastal states?
5. Can Ethiopia exploit living marine resources in the EEZs of coastal states under
UNCLOS?
6. What is the legal basis for Ethiopia's use of Djibouti’s port under international
maritime law?
7. Under what conditions can Ethiopia access and benefit from the sea without having a
coastline?
8. To what extent does Part X of UNCLOS protect the maritime interests of Ethiopia as
a landlocked state?
9. What are Ethiopia’s navigation and shipping rights under Articles 87 and 90 of
UNCLOS?
10. How must Ethiopia cooperate with coastal states like Eritrea, Djibouti, or Somalia to
exercise its maritime rights under UNCLOS?