Introduction: Law of the Sea
The Law of the Sea is a crucial branch of Public International Law that regulates the use of the world’s oceans and seas, delineating rights and obligations of states over maritime spaces. It encompasses territorial waters, exclusive economic zones (EEZs), continental shelves, high seas, and the deep seabed, aiming to ensure peaceful navigation, resource management, environmental protection, and conflict resolution.
The United Nations Convention on the Law of the Sea (UNCLOS, 1982) is the cornerstone treaty governing these principles, ratified by over 160 countries. The Law of the Sea also incorporates customary international law, previous treaties, and judicial decisions by bodies like the International Court of Justice (ICJ) and International Tribunal for the Law of the Sea (ITLOS).
1. Historical Development
- Freedom of the Seas (Mare Liberum, 1609) – Hugo Grotius argued that seas were open to all nations for navigation and trade.
- Closed Seas (Mare Clausum, 1635) – John Selden advocated for national control over coastal waters.
- Trends in the 20th Century
- States began asserting sovereignty over territorial waters, initially limited to 3 nautical miles.
- Expansion to 12 nautical miles (territorial sea) and creation of 200 nautical mile EEZs for resource rights.
- UNCLOS (1982) – Codified modern law, addressing territorial waters, navigation, EEZ, continental shelf, deep seabed mining, environmental protection, and dispute settlement mechanisms.
2. Maritime Zones under UNCLOS
- Territorial Sea (0–12 nautical miles)
- Coastal state exercises sovereignty including airspace, water, seabed, and subsoil.
- Foreign ships have right of innocent passage.
- Example: ICJ Corfu Channel Case (1949) emphasized respect for territorial sovereignty.
- Contiguous Zone (12–24 nautical miles)
- Coastal state can enforce customs, immigration, and pollution laws.
- Exclusive Economic Zone (EEZ, 200 nautical miles)
- Coastal state has sovereign rights over natural resources, both living and non-living.
- Other states have freedom of navigation and overflight.
- Example: South China Sea arbitration (Philippines v. China, 2016) – PCA Link
- Continental Shelf
- Submerged prolongation of land territory up to 200 nautical miles or more if scientifically proven.
- Coastal state has exclusive rights to exploit seabed resources.
- Example: North Sea Continental Shelf Cases (1969, ICJ) – delineated principles for continental shelf delimitation.
- High Seas
- Beyond EEZs and continental shelves; freedom of navigation, fishing, and scientific research.
- Governed by customary law and UNCLOS Part VII.
- Deep Seabed / Area (Beyond National Jurisdiction)
- Resources belong to common heritage of mankind.
- Managed by International Seabed Authority (ISA).
3. Principles of Law of the Sea
- Freedom of Navigation – All states can navigate international waters peacefully.
- Peaceful Uses of the Sea – Military activities in EEZs are limited to prevent conflict.
- Sovereign Rights vs. International Rights – Coastal states have rights to resources but must respect navigation freedoms.
- Environmental Protection – States must prevent marine pollution, per UNCLOS Articles 192–237.
- Equitable Resource Sharing – Deep seabed resources are managed for benefit of all mankind.
4. Jurisdiction in Maritime Zones
- Territorial Waters – Full criminal, civil, and administrative jurisdiction.
- EEZ – Sovereign rights limited to natural resources, cannot interfere with other states’ navigation rights.
- High Seas – Jurisdiction primarily of flag state; universal jurisdiction applies to piracy and other serious crimes.
- Contiguous Zone – Enforcement for customs, fiscal, immigration, and sanitary laws.
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5. Case Laws and Examples
- Corfu Channel Case (UK v. Albania, 1949) – ICJ Link
- Emphasized territorial sovereignty and right of innocent passage.
- North Sea Continental Shelf Cases (Germany v. Denmark; Germany v. Netherlands, 1969) – ICJ Link
- Set principles for equitable continental shelf delimitation.
- Philippines v. China (South China Sea Arbitration, 2016) – PCA Link
- Clarified EEZ entitlements and invalidated excessive maritime claims.
- Southern Bluefin Tuna Cases (Australia & New Zealand v. Japan, 1999)
- Addressed conservation obligations and sustainable fishing rights under international law.
6. Dispute Settlement Mechanisms
- International Court of Justice (ICJ) – Settles state-to-state maritime disputes.
- International Tribunal for the Law of the Sea (ITLOS) – Specialized tribunal under UNCLOS.
- Arbitration (UNCLOS Annex VII) – Alternative method if parties do not consent to ITLOS.
- Mediation and Negotiation – Bilateral and regional agreements to resolve disputes.
7. Contemporary Issues
- Maritime Boundary Disputes – India-Bangladesh, India-Pakistan, South China Sea.
- Piracy and Maritime Security – Off Somalia, Gulf of Guinea.
- Climate Change and Rising Sea Levels – Threat to low-lying island states’ sovereignty.
- Deep Seabed Mining – Governance of mineral extraction under ISA.
8. Conclusion
The Law of the Sea balances coastal state rights and international freedoms, providing a structured legal framework for managing maritime resources, navigation, and environmental protection. UNCLOS, along with customary international law and judicial decisions, ensures peaceful coexistence and equitable utilization of the seas.
As maritime disputes increase with geopolitical tensions, resource competition, and environmental concerns, understanding the Law of the Sea is essential for diplomats, lawyers, and policymakers.