10.4 - 10.

Maritime &
Fluvial
Jurisdiction
Veloria, Jasmin Mae
2C - Public International Law
 Maritime and Fluvial
10.4 Jurisdiction

The Contiguous Zone and the

10.5 Continental Shelf

The Patrimonial
10.6 Sea/Economic Zone

Table of 10.7 The Open Seas

Contents
MARITIME & FLUVIAL JURISDICTION

The exercise of
legislative, executive,
and judicial functions
over the sea and over
persons and things on
or under the sea.
 OVER INTERNAL WATERS

The same jurisdiction

as over the land area.
The coastal state
exercises jurisdiction
in civil matters in case
of foreign merchant
vessels docked in a
local port or bay.
Jurisdiction over
Crimes committed
on board a foreign
private vessel
anchored in a
coastal state
FLAG STATE

refers to the State whose

nationality the ship
possesses; for it is nationality
which gives the right to fly a
country’s flag.
 French rule
CRIMINAL JURISDICTION IS DTERMINED ACCORDING TO

Recognizes the jurisdiction of the flag state over crimes committed on board the vessel
except if the crime disturbs the peace, order and security of the host country.

English rule

The host country has jurisdiction over the crimes and offenses committed on board the
vessel except those which do not compromise the peace of the port.
Jurisdiction over archipelagic waters &
Jurisdiction over territorial sea

Same rule as the rule in internal waters apply in archipelagic waters. The sovereignty over the
territorial sea is subject to the right of innocent passage on the part of ships of all states.
Right of Innocent Passage

It means navigation through the territorial sea of a State for the

purpose of traversing the sea without entering internal waters,
or of proceeding to internal waters, or making for the high seas
from internal waters, as long as it is not prejudicial to the
peace, good order or security of the coastal State.
THE CONTIGUOUS ZONE AND THE
CONTINENTAL SHELF

The purpose of the

contiguous zone is to
allow a coastal state to
extend the reach of its
enforcement
jurisdiction for a range
of specified purposes
only.
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, or is shared
with another stat, the boundary shall be determined in
accordance with equitable principles.
 EXCLUSIVE ECONOMIC
ZONE
In the zone, a coastal state may
claim and hold the exclusive right to
the economic resources of the sea.

The rights that a coastal state possesses in the EEZ are

exclusive in the sense that other states are barred from
undertaking economic activities in the zone unless the
coastal state has given its consent.
Sea/Economic Zone
The Patrimonial
 01 Sovereign rights

Rights of
the coastal 02
Jurisdictional
rights

state in the Other rights and

EEZ
duties provided
03
for in the Law of
the Sea
Convention
EXCLUSIIVE ECONOMIC
ZONE

Proper conservation and management

measures

Promote the objective of “optimum

utilization” of the living resources
Primary obligations
 licensing of fishermen, fishing vessels determining the species which may be
and equipment, and the payment of caught and fixing the quotas to catch;

Regulation fishing;

Matters that the coastal state may regulation of seasons and areas of fixing the age and size of fish that may be
regulate in regard to fishing by the fishing, the types, sizes and amount of caught;
nationals of other states in the EEZ gear and fishing vessels that may be used

information required of fishing vessels, the conduct of fisheries research

including catch and effort statistics and programs
vessel position reports;

the placing of observers and trainees by the landing of the catch by foreign vessels
the coastal state on board foreign in the ports of the coastal state;
vessels;

the terms and conditions of joint ventures training of personnel and transfer of
or cooperative arrangements; fisheries technology;

enforcement procedures
 The Open Seas
The high seas are ‘all parts of the sea which are not included in
the EEZ, in the territorial sea or in the internal waters of a State,
or in the archipelagic waters of an archipelagic State’.
01 Navigation

02 Overflight

Freedom
03 To construct artificial islands and
other installations permitted under
international law

04 Fishing
on the high
05 Scientific research
seas
Res Communes
Territory not open to acquisition by any states but instead
available for the enjoyment of any member of the
international community.
 Although vessels enjoy
widespread freedom from
the jurisdiction of foreign
states on the high seas, a
number of exceptions do
exist.
Instances when a State
may exercise jurisdiction
on open seas

the ship is engaged in piracy;

the ship is engaged in the slave trade;

the ship is engaged in unauthorized broadcasting and the

flag state of the warship has jurisdiction under article
109;

the ship is without nationality;

or though flying a foreign flag or refusing to show its flag,

the ship is, in reality, of the same nationality as the
warship.
Lotus Case, PICJ,
Ser. A. No. 10, 1927,
Hudson, World Ct.
Rep 20
Could Turkey exercise its jurisdiction over this French national
under international law?
 First Principle
PRINCIPLES DISCUSSED

A State cannot exercise its jurisdiction outside its territory unless an international treaty or
customary law permits it to do so.

Second Principle

Within its territory, a State may exercise its jurisdiction, in any matter, even if there is no
specific rule of international law permitting it to do so. In these instances, States have a wide
measure of discretion, which is only limited by the prohibitive rules of international law.