Maritime Zones in the Law of the Sea

Exploring international law fundamentals, including treaties, international agreements, and global legal practices, with best practices and legal insights.

The United Nations Convention on the Law of the Sea (UNCLOS) delineates various maritime zones, each with specific legal implications for coastal states and international law. Understanding these zones is essential for exploring the rights and responsibilities associated with maritime areas.

1. Territorial Sea

The territorial sea extends up to 12 nautical miles from a state's baseline. This zone is under the sovereignty of the coastal state, meaning the state has full jurisdiction over the waters, air space, and seabed.

However, foreign vessels enjoy the right of innocent passage, which means they can traverse these waters as long as they do not threaten the peace, good order, or security of the coastal state.

Diagram of Territorial Sea

graph TD; A[Baseline] -->|12 Nautical Miles| B(Territorial Sea); B -->|Sovereignty| C[Coastal State]; B -->|Innocent Passage| D[Foreign Vessels];

2. Contiguous Zone

The contiguous zone extends from the outer limit of the territorial sea to 24 nautical miles from the baseline. In this zone, a coastal state can exercise control to prevent and punish violations of its customs, fiscal, immigration, or sanitary laws.

Distinction Between Territorial Sea and Contiguous Zone

While the territorial sea is fully sovereign, the contiguous zone allows for limited enforcement. The coastal state can only intervene if there is a breach of laws or regulations that occurs within its territory or territorial sea.

3. Exclusive Economic Zone (EEZ)

The EEZ extends 200 nautical miles from the baseline. In this zone, the coastal state has special rights to explore and exploit marine resources, including fishing and mineral extraction. However, it does not have full sovereignty over the zone.

Other states also have the freedom of navigation and overflight in the EEZ, along with the laying of submarine cables and pipelines. For an in-depth understanding, check out International Law and the Protection of the Marine Environment.

Legal Framework of the EEZ

Under UNCLOS, the rights of coastal states in the EEZ include:

  • Exploration and exploitation of natural resources.
  • Conservation of the marine environment.
  • Establishment of artificial islands and installations.

4. Continental Shelf

The continental shelf refers to the natural prolongation of a coastal state's land territory into the sea. It extends to the outer edge of the continental margin, or 200 nautical miles from the baseline, whichever is greater.

Coastal states have exclusive rights to explore and exploit the resources on the continental shelf, including oil and gas.

Diagram of Maritime Zones

graph TD; A[Baseline] -->|12 NM| B(Territorial Sea); B -->|12 NM| C(Contiguous Zone); C -->|200 NM| D(Exclusive Economic Zone); D -->|Variable| E(Continental Shelf);

Summary of Maritime Zones

Understanding the distinctions and legal implications of these maritime zones is crucial for recognizing the rights and duties of coastal states, as well as the freedoms afforded to other states.

5. High Seas

Beyond national jurisdictions, the high seas are a global commons where international rules apply. This area is vital for global trade, scientific research, and fishing industries.

The high seas are defined as all parts of the sea not included in the exclusive economic zone, territorial sea, and internal waters of a state. The high seas are open to all states, and no state may validly purport to subject any part of the high seas to its sovereignty.

Activities on the high seas include:

  • Navigation
  • Fishing
  • Scientific research
  • Marine resource exploitation

Legal Framework of the High Seas

Under international law, particularly UNCLOS, the freedom of the high seas includes:

  • Freedom of navigation.
  • Freedom of overflight.
  • Freedom to lay submarine cables and pipelines.
  • Freedom to construct artificial islands.

Diagram of High Seas

graph TD; A[Coastal State] -->|12 NM| B(Territorial Sea); B -->|24 NM| C(Contiguous Zone); C -->|200 NM| D(Exclusive Economic Zone); D -->|Beyond 200 NM| E(High Seas);

6. Rights and Duties of States in Maritime Zones

States have specific rights and duties based on the maritime zones. Understanding these can be crucial for legal practices and resolving disputes:

Coastal States

  • Must protect the marine environment within their zones.
  • Have the right to enforce laws within their territorial sea.
  • Can establish regulations for resource utilization in the EEZ.

Other States

  • Enjoy freedoms of navigation and overflight in the high seas and EEZ.
  • Must adhere to international regulations to ensure safety and environmental protection.

7. Maritime Boundary Disputes

Maritime boundary disputes can arise due to overlapping claims, particularly in the EEZ and continental shelf zones. These disputes can be resolved through:

  • Negotiation between states.
  • International arbitration.
  • Litigation in the International Court of Justice (ICJ).

Diagram of Maritime Disputes

graph TD; A[Coastal States] -->|Claim Overlapping Zones| B[Maritime Disputes]; B -->|Negotiation| C[Resolution]; B -->|Arbitration| D[Resolution]; B -->|ICJ| E[Resolution];

Conclusion

Understanding the legal framework surrounding maritime zones is essential for navigating the complexities of international maritime law. For further reading, consider exploring our articles on UNCLOS and Dispute Settlement in the Law of the Sea.

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