I.

OVERVIEW

The United Nations Convention on the Law of the Sea (UNCLOS) is an

international treaty which was adopted and signed by 117 states in 1982 in Montego Bay
(Jamaica), at the end of almost ten years of negotiations (1973-1982). It replaced the four
Geneva Conventions of April, 1958, which respectively concerned the territorial sea and
the contiguous zone, the continental shelf, the high seas, fishing and conservation of
living resources on the high seas. UNCLOS came into force internationally on 16th Nov
1994.

Objectives of the UNCLOS

1. To promote the peaceful use of the seas and oceans;

2. To facilitate International Communications;
3. To enable equitable and efficient utilisation of ocean resources;
4. To protect and preserve the marine environment; and
5. To promote Maritime safety.

II. TERRITORIAL SEA

The territorial sea is the area of water 12 nautical miles seaward from its allowed
baseline. The normal baseline for measuring the breadth of the territorial sea is the low-
water line along the coast as marked on large-scale charts officially recognized by the

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coastal state. For localities where the coastline is deeply indented and cut into, or if there
is a fringe of islands along the coast in its immediate vicinity, the method of straight
baselines joining the outermost points in the coastline may be employed in drawing the
baseline from which the breadth of the territorial sea is measured.

Where the coasts of two States are opposite or adjacent to each other, neither of
the two States is entitled, failing agreement between them to the contrary, to extend its
territorial sea beyond the median line every point of which is equidistant from the nearest
points on the baselines from which the breadth of the territorial seas of each of the two
States is measured.

Features of Territorial Sea

1. The foreign flag would have a right to innocent passage through the territorial
waters.
2. An innocent passage can be suspended temporarily in specified areas for the coastal
States security or to conduct a weapon exercise.
3. Criminal jurisdiction can be exercised by the coastal state on foreign flag vessels in
a territorial sea.
4. Civil jurisdiction can only be exercised if the vessel is passing through the
territorial sea after leaving the internal waters.
5. Transit passage is allowed for Ship through the state.
6. States may enact legislation concerning the safety of navigation, pollution
prevention, uncontrolled fishing activities, customs, immigration, health and
sanitary arrangements.

III. CONTIGUOUS ZONE

Contiguous zone generally extends 12 nautical miles beyond the territorial sea
limit. The coastal states have limited jurisdiction over the contiguous zone in order to
prevent violations of its customs, fiscal, immigration, and sanitary laws within its territory
and territorial sea.

IV. EXCLUSIVE ECONOMIC ZONE (EEZ)

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

Rights of the coastal state in an EEZ

1. Sovereign rights for the purpose of exploring and exploiting, conserving and
managing the natural resources, whether living or non-living, of the waters super
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.

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 2. Can enact regulations on pollution and environmental protection.
3. Has exclusive right to construct artificial islands and security zones.
4. Has exclusive right to fishing and development of fish farms.
5. Can conduct scientific research and marine exploration.

Obligations of vessels in an EEZ

1. Freedom of navigation as in high seas.

2. Lay submarine cable/pipeline that is passing through EEZ.
3. Observe Pollution regulations as per the coastal state regulations.
4. Fishing gear if carried must be stored/secured condition. No fishing allowed.
5. Respect and comply with the security zones of the offshore installations, artificial
islands of the coastal state.

V. CONTINENTAL SHELF

The Continental shelf of a coastal state comprises of 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 200nm
from the baseline. Almost everywhere the shelves represent simply a continuation of the
continental landmass beneath the ocean margins. A coastal state shall establish the outer
edge of the continental margin wherever it extends 200 Nautical Miles by procedures
mentioned in the UNCLOS. The outer limit of the continental shelf shall not exceed 350
nautical miles from the baseline, from which the breadth of the territory is measured.

Rights of the coastal state in a continental shelf

The coastal state enjoys the right of exploitation of oil deposits and other
resources in the continental shelf. In case the continental shelf extends to the shores of
another state, or is shared with another state, the boundary shall be determined in
accordance with equitable principles.

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 VI. HIGH SEAS

High Seas represents all that sea area which is not capable of forming part of any
sovereign state and are not included in the Exclusive Economic Zone, the territorial
waters or internal waters of a coastal state or the archipelagic waters of the Archipelagic
state. The High Seas are open to all states whether coastal or landlocked. Freedom on the
high seas is exercised under the conditions laid down by the convention and by other
rules. The high seas shall be reserved for peaceful purposes.

Rights of the coastal and landlocked states in high seas

1. Freedom of navigation
2. Freedom of over flight
3. Freedom of laying submarine cables and pipelines
4. Freedom to construct artificial islands and other installations permitted under
international law
5. Freedom of fishing, subject to the conditions
6. Freedom of scientific research

VII. ARCHIPELAGIC STATES AND ARCHIPELAGIC WATERS

An “archipelagic State” means a State constituted wholly by one or more

archipelagos and may include other islands. It is a designation used for island countries,
in which “archipelago” means a group of islands, including parts of islands,
interconnecting waters and other natural features which are so closely interrelated that
such islands, waters and other natural features form an intrinsic geographical, economic
and political entity, or which historically have been regarded as such.

Features of Archipelagic States and Archipelagic Waters

1. Archipelagic baselines determine the breadth of the territorial sea, contiguous zone
and EEZ for a given archipelagic state.
2. These waters are given special status by UNCLOS on account of their natural
resources, but the status is applicable only for mid-ocean states having more than
one or more archipelago.

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 3. The sovereignty of an archipelagic state extends to the waters enclosed by the
archipelagic baseline and are described as archipelagic waters, regardless of their
depth or distance from the coast.
4. This sovereignty extends to the airspace above and the subsoil below archipelagic
waters.
5. Ships of all states enjoy the right of innocent passage through archipelagic waters.
6. An archipelagic state may suspend this innocent passage if this is essential for the
protection of its security, such suspension shall take effect only after being duly
published.

VIII. RIGHT TO INNOCENT PASSAGE AND TRANSIT PASSAGE

Right to Innocent Passage

Ships of all states whether coastal or landlocked enjoy the right of innocent
passage through the territorial waters.

Passage means navigation through the territorial sea for the purpose of:

1. Traversing that sea without entering internal waters or calling at a roadstead or

port facility outside internal waters; or
2. Proceeding to or from internal waters or a call at such roadstead or port facility.

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.

Features of the Right to Innocent Passage

1. A 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 defence or
security of the coastal State;
d) any act of propaganda aimed at affecting the defence or security of the coastal
State;

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 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 wilful 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.

Right to Transit Passage (Strait Passage)

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

1. In straits, all ships and aircraft enjoy the right of transit passage, which shall not
be impeded; except that, if the strait is formed by an island of a State bordering
the strait and its mainland, transit passage shall not apply if there exists seaward of
the island a route through the high seas or through an exclusive economic zone of
similar convenience with respect to navigational and hydrographical
characteristics.
2. Transit passage means the exercise in of the freedom of navigation and overflight
solely for the purpose of a 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. However, the requirement of continuous
and expeditious transit does not preclude passage through the strait for the purpose
of entering, leaving or returning from a State bordering the strait, subject to the
conditions of entry to that State.
3. Any activity which is not an exercise of the right of transit passage through a strait
remains subject to the other applicable provisions of UNCLOS.

Duties of Ships and Aircraft during Transit

1. Ships and aircraft, while exercising the right of transit passage, shall:
a) proceed without delay through or over the strait;
b) refrain from any threat or use of force against the sovereignty, territorial integrity
or political independence of States bordering the strait, or in any other manner in
violation of the principles of international law embodied in the Charter of the
United Nations;
c) refrain from any activities other than those incidents to their normal modes of
continuous and expeditious transit unless rendered necessary by force majeure or
by distress;

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 d) comply with other relevant provisions of this Part.
2. Ships in transit passage shall:
a) comply with generally accepted international regulations, procedures and
practices for safety at sea, including the International Regulations for Preventing
Collisions at Sea;
b) comply with generally accepted international regulations, procedures and
practices for the prevention, reduction and control of pollution from ships.
3. Aircraft in transit passage shall:
a) observe the Rules of the Air established by the International Civil Aviation
Organization as they apply to civil aircraft; state aircraft will normally comply
with such safety measures and will at all times operate with due regard for the
safety of navigation;
b) at all times monitor the radio frequency assigned by the competent internationally
designated air traffic control authority or the appropriate international distress
radio frequency.

Right of Unimpeded Transit Passage

An unimpeded transit passage is freedom of navigation or passage solely for the

purpose of transiting a strait connecting one area of a High Seas to another are of High
Seas (or EEZ to EEZ). This does not preclude passage through the strait for the purpose
of entering a port or coastal state bordering the strait subject to conditions of entry of that
state.

Right to Innocent Passage vs. Right to Unimpeded Transit Passage

Right to Innocent Passage Right to Unimpeded Transit Passage

1. may be suspended by the coastal state on 1. can never be suspended in times of peace
account of its own security. or war.
2. submarines transiting territorial waters 2. submarines may transit submerged and no
have to do so on the surface and show their need to show their flag.
flag.
3. warships transiting the territorial waters of 3. No such thing applies within straits.
another state may be subject to provisions of
prior notification or permission.
4. does not apply to airspace above it. 4. right to passage for aircraft using airspace
over it.

IX. SETTLEMENT OF DISPUTES

Part XV of the UNCLOS on the Law of the Sea requires States to settle peacefully
any dispute concerning the Convention. Failing a bilateral sttelement, Article 286
provides that any dispute shall be submitted for compulsory sttelement to one of the

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tribunals having jurisdiction. These include the International Tribunal for the Law of the
Sea (ITLOS), the International Court of Justice, and arbitral or special arbitral tribunals
constituted under the UNCLOS.

The ITLOS is composed of 21 independent members elected by the States Parties

to the UNCLOS from among persons with recognized competence in the field of the law
of the sea and representing the principal legal systems of the world.

Jurisdiction of ITLOS

The ITLOS has jurisdiction over all disputes and applications submitted to it in
line with the UNCLOS and other treaties. It has jurisdiction over both disputes
(contentious jurisdiction) and legal queries (advisory jurisdiction).

Piracy

Piracy is defined as:

1. any illegal acts of violence or detention, or any act of depredation committed for
private ends by the crew or the passengers of a private ship or a private aircraft
and directed:
a. on the high seas, against another ship or aircraft, or against persons or
property on board such ship or aircraft;
b. against a ship, aircraft, persons or property in a place outside the
jurisdiction of any State;
2. any act of voluntary participation in the operation of a ship or of an aircraft with
knowledge of facts making it a pirate ship or aircraft;
3. any act of inciting or of intentionally facilitating an act described above.

A ship or aircraft is considered a pirate ship or aircraft if it is intended by the

persons in dominant control to be used for the purpose of committing one of the acts
referred above. The same applies if the ship or aircraft has been used to commit any such
act, so long as it remains under the control of the persons guilty of that act.

A ship or aircraft may retain its nationality although it has become a pirate ship or
aircraft. The retention or loss of nationality is determined by the law of the State from
which such nationality was derived.

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

All States shall cooperate to the fullest possible extent for repression of piracy on
the high seas or in another place outside the jurisdiction of any state.

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 Where the seizure of a ship or aircraft on suspicion of piracy has been effected
without adequate grounds, the State making the seizure shall be liable to the State the
nationality of which is possessed by the ship or aircraft for any loss or damage caused by
the seizure.

A seizure on account of piracy may be carried out only by warships or military

aircraft, or other ships or aircraft clearly marked and identifiable as being on government
service and authorized to that effect.

All States shall cooperate in the suppression of illicit traffic in narcotic drugs and
psychotropic substances engaged in by ships on the high seas contrary to international
conventions.

All States shall cooperate in the suppression of unauthorized broadcasting from

the high seas.

Right of Hot Pursuit

1. The hot pursuit of a foreign ship may be undertaken when the competent
authorities of the coastal State have good reason to believe that the ship has
violated the laws and regulations of that State.
a) Such pursuit must be commenced when the foreign ship or one of its boats
is within the internal waters, the archipelagic waters, the territorial sea or
the contiguous zone of the pursuing State, and may only be continued
outside the territorial sea or the contiguous zone if the pursuit has not been
interrupted. It is not necessary that, at the time when the foreign ship
within the territorial sea or the contiguous zone receives the order to stop,
the ship giving the order should likewise be within the territorial sea or the
contiguous zone.
b) If the foreign ship is within a contiguous zone, the pursuit may only be
undertaken if there has been a violation of the rights for the protection of
which the zone was established.
2. The right of hot pursuit shall apply mutatis mutandis to violations in the
exclusive economic zone or on the continental shelf, including safety zones
around continental shelf installations, of the laws and regulations of the coastal
State applicable in accordance with this Convention to the exclusive economic
zone or the continental shelf, including such safety zones.
3. The right of hot pursuit ceases as soon as the ship pursued enters the territorial
sea of its own State or of a third State.

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X. REFERENCES

1. Nachura, A. E. B. & Gatdula, J. (2017). Outline Introduction to Public

International Law. Quezon City, Philippines: Rex Book Store.

2. United Nations Convention on the Law of the Sea dated April 1982

3. UNCLOS – Salient Features, Objectives, Maritime Zones, Passages and Duties.

Web. <https://cultofsea.com/maritime-law/unclos-salient-features-objectives-
maritime-zones-passages-and-duties/>

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