Maritime Law: Global Waters, Universal Rules?

International maritime law, also known as the Law of the Sea, is a set of laws, conventions, and treaties that govern international waters. It applies to activities on the high seas or areas of open ocean beyond any one country's waters, as well as a country's territorial waters (within 12 nautical miles of its baseline). It covers marine insurance, navigable waters, and land-based commercial maritime activities. The International Maritime Organization (IMO) is responsible for establishing and updating maritime laws and regulations for member countries.

Territorial waters

The United Nations Convention on the Law of the Sea (UNCLOS) outlines the rights and duties of vessels when passing through each area. UNCLOS is one of the most ratified treaties, and disputes are resolved at the ITLOS tribunal in Hamburg.

The baseline for territorial waters is usually the low-water line along the coast as marked on large-scale charts that the coastal state recognizes. This is typically the low-water mark closest to the shore, or an unlimited distance from permanently exposed land. Straight baselines can also be defined, connecting islands along a coast, across river mouths, or across bay mouths with certain restrictions.

Internal waters are landward of the baseline, and the coastal state has sovereignty over them. This includes lakes, rivers, and bays. Archipelagic states, such as Indonesia or the Philippines, also have internal waters, but they must allow innocent passage through them.

The territorial sea extends up to 12 nautical miles from the baseline of a coastal state. Foreign ships are allowed innocent passage through this area, or transit passage for straits. This sovereignty also extends to the airspace above and the seabed below. If the territorial sea of one state overlaps with another, the border is usually taken as the median point between their baselines, unless otherwise agreed upon.

The contiguous zone extends up to 24 nautical miles 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 and includes the contiguous zone. A coastal nation has control of all economic resources within its EEZ, including fishing, mining, and oil exploration rights. However, it cannot prohibit passage that complies with the laws and regulations adopted by the coastal state.

The continental shelf extends to the outer edge of the continental margin but must be at least 200 nautical miles from the baselines of the territorial sea if the continental margin does not stretch that far. Coastal states can explore and exploit the seabed and its resources, but other states may lay cables and pipelines if authorized.

In summary, territorial waters are an important aspect of international maritime law, providing sovereign states with jurisdiction over their internal waters, territorial sea, contiguous zone, exclusive economic zone, and continental shelf. These zones ensure the safety and security of maritime activities and help prevent conflicts between nations.

Navigable waters

Internal Waters

Internal waters include ship ports, rivers, bays, lakes, and streams that are found within the boundaries of a country. The laws of that country apply to any vessel, regardless of where it is registered, while navigating on these waters. For example, when a ship is docked in the Port of New York, all New York and U.S. laws apply to the vessel, its crew, and its passengers.

Territorial Waters

These are waters within twelve miles of a country's coast. All maritime laws of that nation apply here, regardless of a ship's registry. So, if a maritime worker has an accident onboard, they can seek compensation for their injuries under the applicable laws of that country.

Contiguous Zone Surface Waters

These waters extend from twelve to twenty-four miles off a country's coast. In these waters, a country has limited jurisdiction. These laws can be extended to a vessel, its crew, and any passengers on board. However, they only apply to the surface waters, not underground waters.

Continental Shelf Underground Waters

These waters apply to the land on the bottom of the seas that extend out from a country. The underground waters and land are protected under a nation's laws, and these are the same as the laws used for territorial waters.

Continental Shelf Surface Waters

The Continental Shelf surface waters have limited restrictions, similar to Contiguous Zone surface waters. In some cases, the territorial waters laws of the country would apply. In others, the Contiguous Zone laws of the country or the laws of the country where the ship was registered could apply.

Exclusive Economic Zone Waters

These waters are afforded specific protections under UNCLOS. A country has specific rights over the research, exploration, and acquisition of marine and natural resources, like oil. This zone extends 200 miles from the coastline of the country, although the surface waters beyond the Contiguous Zone would be considered international waters.

Extended Continental Shelf Surface Waters/Underground Waters

These waters cover a twelve-mile area that begins at the baseline of a nation's coast and can include both territorial and Contiguous Zone waters. The applicable laws are determined by where an accident or incident occurred.

International Surface Waters

For vessels in international waters, no nation holds sovereignty over the seas. Instead, the laws of the country where the ship is registered apply. So, if a ship is registered in the United Kingdom, then UK laws would apply.

International Underground/Seabed Waters

The International Seabed Authority (ISA) regulates the laws in international underground and seabed waters. Their regulation is limited to research and exploration, including for the purpose of natural resource extraction. In cases where an accident or incident is unrelated to ISA regulations, the laws of the country where the vessel is registered would apply.

Marine insurance

The Marine Insurance Act of 1906 in the UK established a comprehensive framework for marine insurance, defining it as a contract where the insurer undertakes to indemnify the assured against marine losses. This act set out detailed provisions regarding insurable interests, warranties, disclosure, and the extent of the insurer's liability in various scenarios. It also introduced the concept of utmost good faith as a foundational principle in marine insurance contracts.

International Conventions:

International conventions play a pivotal role in standardising marine insurance practices globally. Notable conventions include the International Convention on Maritime Liens and Mortgages (1993) and the International Convention on the Arrest of Ships (1999), both adopted under the United Nations Conference on Trade and Development (UNCTAD) umbrella. These conventions provide legal frameworks for enforcing maritime claims and outline the rights and obligations of parties involved in marine insurance.

Uniformity in Marine Insurance:

The recognition of the need for uniformity in marine insurance laws is evident. Professors Healy and Sharpe noted the desirability of uniformity between UK and US marine insurance laws, and while some differences remain, a significant degree of harmony has been achieved. This harmony is essential for global trade, as it provides a more predictable and stable environment for marine ventures.

The Role of the International Maritime Organization (IMO):

The IMO, a specialised agency of the United Nations, plays a pivotal role in maintaining and developing international maritime conventions. It ensures that existing agreements remain up-to-date and facilitates the creation of new ones to address emerging needs in the maritime domain. The IMO's core conventions include 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.

Land-based commercial maritime activities

Loading and unloading cargo, shipbuilding and repair, and harbour operations are some of the land-based commercial maritime activities that fall under maritime law. These activities are considered critical parts of maritime commerce and often take place on or near bodies of water such as seas, lakes, rivers, and inland water bodies.

In addition, salvage and towage operations fall under maritime law due to the specialised knowledge required and the risks and expenses involved.

Maritime law also covers marine insurance policies, which protect against financial losses resulting from damage to or loss of a vessel, its cargo, or its crew.

International underground/seabed waters

International maritime law, also known as the Law of the Sea, refers to the laws used to govern international waters. It consists of a body of conventions, regulations, and treaties used to govern nautical issues and regulate maritime organizations.

The International Seabed Authority (ISA) regulates the laws in international underground and seabed waters. The ISA is a Kingston, Jamaica-based intergovernmental body of 167 member states and the European Union. It was established under the 1982 UN Convention on the Law of the Sea (UNCLOS) and its 1994 Agreement on Implementation. The ISA's dual mission is to authorize and control the development of mineral-related operations in the international seabed, which is considered the "common heritage of all mankind", and to protect the ecosystem of the seabed, ocean floor, and subsoil in "The Area" beyond national jurisdiction.

The ISA is responsible for safeguarding the international deep sea, defined as waters below 200 meters (656 feet), where photosynthesis is hampered by inadequate light. Governing approximately half of the total area of the world's oceans, the ISA oversees activities that might threaten biological diversity and harm the marine environment.

The ISA has approved over two dozen ocean floor mining exploration contracts in the Atlantic, Pacific, and Indian Oceans. However, it has not authorized any commercial mining contracts as it continues to deliberate over regulations amid global calls for a moratorium on deep-sea mining due to potential harm to the ocean and rare species.

In cases where an accident or incident occurs in international underground/seabed waters that is not related to ISA regulations, the laws of the country where the vessel is registered would apply.

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