Maritime Law: Navigating Legal Waters

The high seas are not lawless, but they are governed by a unique set of rules and regulations. The 'law of the sea' is a body of international law, customs, treaties, and agreements that govern maritime environments and the activities of seafarers, ships, companies, and countries on the high seas. This area of law covers navigational rights, sea mineral claims, coastal waters jurisdiction, and maritime issues such as the carriage of goods, rights of salvage, and marine insurance. The United Nations Convention on the Law of the Sea (UNCLOS), signed in 1982 and effective since 1994, is a key international agreement that outlines the rights and responsibilities of countries in their maritime zones. It defines territorial waters, exclusive economic zones (EEZs), and the freedoms and limitations of maritime nations and vessels.

Territorial waters

The United Nations Convention on the Law of the Sea (UNCLOS) outlines the different rights and duties of vessels when passing through each area. States cannot exercise their jurisdiction in waters beyond the exclusive economic zone, which are known as the high seas.

The baseline for the territorial sea is the low-water line along the coast as marked on large-scale charts that the coastal state recognizes. This is either the low-water mark closest to the shore or an unlimited distance from permanently exposed land. Straight baselines can be defined by connecting fringing islands along a coast, across the mouths of rivers, or with certain restrictions, across the mouths of bays. Internal waters are landward of the baseline, and the coastal state has sovereignty over them. Lakes, rivers, and bays are considered internal waters.

The territorial sea is a belt of coastal waters extending at most 12 nautical miles (22 km) from the baseline of a coastal state. This is sovereign territory, although foreign ships are allowed innocent passage through it. This sovereignty also extends to the airspace and seabed. A state can also choose to claim a smaller territorial sea.

The contiguous zone is a band of water extending up to 24 nautical miles (44.4 km) from the baseline. Within this zone, a state can exercise limited control to prevent or punish infringements of its customs, fiscal, immigration, or sanitary laws and regulations.

The exclusive economic zone (EEZ) extends from the baseline to almost 200 nautical miles (370.4 km) and includes the contiguous zone. A coastal nation has control of all economic resources inside its EEZ, including fishing, mining, and oil exploration. However, it cannot prohibit passage or loitering above, on, or under the surface of the sea, provided it complies with the laws and regulations adopted by the coastal state.

The "12-mile limit" has become almost universally accepted since the late 20th century. This gives maritime countries control over their territorial waters, with all their national laws applying within this zone.

Navigational rights

The right of innocent passage is a key aspect of navigational rights. Foreign vessels are allowed to traverse the territorial sea of a coastal state, provided they do not enter internal waters or stop at a port facility. This passage must be continuous and expeditious, with a set of restrictions on certain activities such as weapons testing, spying, and pollution. Innocent passage also applies to archipelagic waters and international straits used for navigation, with some variations in regulations.

Coastal states have the authority to regulate innocent passage in specific areas, including navigation safety, protection of navigational aids, conservation, and prevention of infringement of their laws. They cannot, however, impede the right of transit passage through international straits during peacetime.

The Law of the Sea also grants foreign vessels the freedom of navigation and overflight in exclusive economic zones (EEZs), which extend 200 nautical miles from the shore. Within the EEZ, the coastal state has exclusive rights to fisheries, minerals, and sea-floor deposits, as well as the authority to regulate scientific research.

The high seas, beyond the territorial waters and EEZs, are open to all nations for navigation and overflight, except for activities prohibited by international law. The bed of the high seas, known as the International Seabed Area or "the Area," is managed by the International Seabed Authority (ISA) under a detailed legal regime established by the Law of the Sea Convention.

Exclusive economic zones (EEZ)

The EEZ concept was formally adopted in 1982 through the United Nations Convention on the Law of the Sea. According to international law, within its defined EEZ, a coastal nation has sovereign rights for exploring, exploiting, conserving, and managing natural resources of the seabed, subsoil, and superjacent waters. This includes both living and non-living resources. The coastal nation also has jurisdiction over the establishment and use of artificial islands, installations, and structures, as well as marine scientific research and the protection of the marine environment.

The EEZ is not to be confused with territorial waters. While the EEZ confers sovereign rights to the coastal state, territorial waters confer full sovereignty over the waters. The surface waters within the EEZ are considered international waters, and the coastal nation cannot prevent foreign ships, aircraft, and other vessels from passing through or over them.

The exact extent of EEZs is often a source of conflict between states, and there have been several disputes and agreements regarding overlapping EEZs. For example, the Dominican Republic and the United Kingdom signed an agreement in 1996 to establish a simplified equidistant boundary between their respective territories, but neither party ratified the agreement. Instead, the Dominican Republic declared itself an archipelagic state in 2007, claiming sovereignty over a portion of the EEZ claimed by the United States in relation to Puerto Rico.

The United States, which has one of the largest EEZs in the world, claimed its 200-nautical-mile EEZ in 1983. This zone includes Puerto Rico, Guam, American Samoa, the U.S. Virgin Islands, and the Northern Mariana Islands. The U.S. EEZ covers over 3.4 million square nautical miles of ocean, larger than the combined land area of all 50 states.

The concept of EEZs has evolved over time, with the idea of granting nations more control over maritime affairs outside their territorial limits gaining acceptance in the late 20th century. Initially, a country's sovereign territorial waters extended only 3 nautical miles beyond the shore, but this has since increased to 12 nautical miles. The adoption of the EEZ concept in 1982 marked a significant shift in how nations manage and exploit the resources within their maritime zones.

Maritime law

Today, maritime law covers a wide range of issues, including shipping, navigation, commerce, towage, recreational boating, and piracy. It applies to both natural and man-made navigable waters, such as rivers and canals, and covers persons and contracts related to maritime activities, such as seamen, shipping insurance contracts, and maritime liens.

In most developed countries, maritime law follows a separate code and is an independent jurisdiction from national laws. The International Maritime Organization (IMO), a specialized agency of the United Nations, plays a crucial role in maintaining and developing international maritime conventions. The IMO ensures that existing conventions are kept up to date and develops new agreements when needed.

One of the core functions of the IMO is to establish a framework and regulations for the safety, security, and environmental performance of shipping on a universal level. The organization has developed several important conventions, including the International Convention for the Safety of Life at Sea, the International Convention for the Prevention of Pollution from Ships, and the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers.

In addition to the IMO, other intergovernmental organizations also play a role in enforcing maritime law. These include the United Nations Food and Agriculture Organization (UN FAO) regional fishery bodies and arrangements, as well as UNEP regional seas conventions and action plans.

International law

UNCLOS defines several maritime zones with specific rights and responsibilities for coastal countries. The first zone is the territorial sea, extending up to 12 nautical miles from the coastline. Within this zone, the coastal country has full control and can enforce its laws, regulate navigation, and exploit natural resources. The second zone is the contiguous zone, which extends a further 12 nautical miles from the territorial sea. Here, the coastal country has limited jurisdiction, including the ability to enforce customs, fiscal, immigration, and sanitary laws. The third zone is the exclusive economic zone (EEZ), stretching 200 nautical miles from the coastline. In this zone, the coastal country has special rights to explore and exploit natural resources, such as fish, oil, and gas, while foreign vessels and aircraft are allowed to move through freely.

Beyond the EEZ lies the high seas, which are not lawless. They are governed by maritime law, ensuring that no single nation can claim ownership. Maritime law includes a range of international agreements and conventions that regulate activities such as navigation, shipping, seafarer welfare, piracy, fishing, and marine pollution. The freedom of the high seas is a key principle, guaranteeing all countries the right to use the oceans for navigation and fishing without interference.

The law of the sea also addresses issues such as navigational rights, sea mineral claims, and coastal waters jurisdiction. It covers marine environmental law and maritime law, which pertains to private maritime issues like the carriage of goods, rights of salvage, ship collisions, and marine insurance. The United Nations, through specialised agencies like the International Maritime Organization, plays a crucial role in monitoring and enforcing certain provisions of the law of the sea.

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