Law of Seas Assignment

1. An Indian ship named Bharti lost oil in area known as the Greater Barrier Reef.
Great Barrier Reef is a marine park, situated in territorial sea of Australia.
Australia wishes to prohibit ships like Bharti from passing through its marine
park. Is Australia allowed to take these measures as per UNCLOS? Explain.
Yes. Australia can restrict and prohibit the passage of ships such as Bharti in order to protect
the marine flora and fauna of its Territorial Sea.
Article 21 of the UNCLOS provides that the coastal states can make laws in relation to
innocent passage. If the oil leak violates the principle of innocent passage, Coastal States are
empowered under Article 25 of the Convention to prevent passage which is not innocent.
2. What are the rights and responsibilities of coastal states over contiguous zone?
Coastal States can exercise the following rights under Article 33 of the UNCLOS over
contiguous zone:
(a) Prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations
within its territory or territorial sea;
(b) Punish infringement of the above laws and regulations committed within its territory or
territorial sea.
Additionally, their responsibilities include:
1. All States party to UNCLOS are obliged to protect the marine environment and the
resources in the contiguous zones
2. There is an obligation for the coastal State to provide vessels passing through its
contiguous zone with adequate charting and maritime safety information.\
3. Can a naval exercise ship from Pakistan be restricted to cross Indian territorial
waters while heading towards Bangladesh? Explain.
Article 17 of the UNCLOS provides:
‘ships of all states, whether coastal or land-locked, enjoy the right of innocent passage
through the territorial sea’.
If this Naval ship passing from Indian Territorial Waters infringes the right of innocent
passage or falls under any of the categories mentioned under Article 19(2), India can restrict
the passage of this ship.
In the present case, if the Naval Ship does not breach the right of innocent passage, India
cannot restrict its passage as per Article 24 of UNCLOS.
4. What are rights of coastal states over continental shelf?
Article 77 of UNCLOS provides the rights of Coastal States over its Continental Shelf:
(i) A state exercises sovereign control over its continental shelf for the purpose of
exploring and exploiting its natural resources.
(ii) If the Coastal State does not exercise its right as mentioned in clause (i), no other
State can explore or exploit those natural resources without the consent of the Coastal
State.
(iii) The rights of the coastal State over the continental shelf do not depend on
occupation, effective or notional, or on any express proclamation.
Furthermore, Coastal States also have the rights to lay cables and pipelines in their
Continental Shelf and has exclusive rights permit drilling for any purpose.