LAW OF THE SEA

● SEA;● Covers more than 70% of the surface of

the globe.● Divided into 3 different zones;1. Internal waters2. Territorial sea3. High seas● Each of zones are subject to different

rules.● Nowadays, law of the sea was codified

by the United Nations Convention of Law of the Sea ( UNCLOS 1982).

INTRODUCTION

TERRITORIAL SEA

● THREE stages of development (Law of the Sea);

TERRITORIAL WATER (otherwise known as);● Territorial sea● Maritime belt● ‘An area of water not exceeding 12 nautical miles in

width is measured seaward from the territorial baseline’.● Article 2(1) of 1982 Convention; ● ‘The coastal state exercises sovereignty over its territorial

water’.

● INNOCENT PASSAGE;● Article 9;● ‘Passage is innocent so long as it is not

prejudicial (or harmful) to the peace, good order and security’.

● Fishing vessels must comply with laws enacted by the coastal state to prevent them from fishing.

● Submarines must navigate on the surface and show their flag.

● Article 19(2); ● ‘the coastal state have a right to suspend innocent passage in

specified areas of its territorial sea for security reason’.BUT,● Article 24;● ‘The coastal state shall not hamper the innocent passage of

foreign ships through the territorial sea’.● Article 24(2);● ‘…must give warning of known dangers to navigation in the

territorial sea’.● E.g.- ‘Corfu Channel case (1946- 1948)’.

The IMMUNITY of the crew of foreign warships.

THE RIGHT OF THE COASTAL STATE OVER THE

TERRITORIAL SEA.

● The coastal state’s sovereignty over the territorial sea includes the following rights;

1. Exclusive right to fish and to exploit the resources of the seabed & subsoil of the territorial sea.

2. Exclusive enjoyment of the air space above the territorial sea.

3. Exclusive right to transport goods and passengers.4. War time, coastal state- ‘neutral’, belligerent states may

not capture merchant ships, in the coastal state’s territorial sea.

5. Coastal state may enact regulations concerning navigation…

6. Coastal state has certain powers of arrest.

THE WIDTH OF TERRITORIAL SEA

The rules for measuring the territorial sea;● …has been codified in;● Article 5 to Article 11,● Article 13 & Article 14 of the 1982 Convention.

THE LINE FROM WHICH

THE TERRITORIAL

SEA IS MEASURED.