Territorial Waters and Maritime Zones (Amendment) Act, 2021

1. Territorial Sea Baseline (TSB)

International maritime law uses the territorial sea baseline to measure a coastal state's
territorial sea. The baseline defines a nation's territorial sea, an area of water next to its
coastline where the state has sovereignty, including the power to restrict ship
movement.

The United Nations Convention on the Law of the Sea (UNCLOS) says that,

The territorial sea is the area of water along the coast that goes out up to 12 nautical
miles (22.2 kilometers) from the baseline. This zone is controlled by the coastal state,
which has the only rights to explore and use natural resources in this area.

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2. Innocent passage + (Definition, Rights & Duties of coastal state, Offences at
territory sea + punishment for violation of innocent passage)

 Definition

Innocent passage refers to the non-threatening and non-prejudicial transit of a foreign

ship through the territorial sea.

It means that the ship can navigate through the territorial sea without engaging in any
activities that are prejudicial to the peace, good order, or security of the coastal state.

According to the section 3A(4)(a) of the Territorial Waters and Maritime Zones Act,
1974,

"Innocent Passage" means quick and continuous navigation through the Territorial Sea
to cross that sea without entering the Internal Waters as long as it doesn't hurt the
country's laws, safety, or peace.

or proceeding to or from the Internal Waters to stop at Bangladeshi ports facilities as

long as it doesn't hurt the country's laws, safety, or peace.

 Article 17 of the UNCLOS addresses the concept of innocent passage

"Subject to this Convention, ships of all States enjoy the right of innocent passage
through the territorial sea.

Passage is innocent so long as it is not prejudicial to the peace, good order, or security
of the coastal State.

Passage of a foreign ship will be considered to be prejudicial to the peace, good order,
or security of the coastal State if, in the territorial sea, it engages in any negative
activities.

The coastal State shall not stop or divert a foreign ship passing through the territorial
sea for the purpose of exercising the right of innocent passage unless there is clear
evidence that the passage is not innocent. In such a case, the coastal State shall give

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notice to the foreign ship to cease or alter its passage and render assistance if
necessary.

This clause does not exclude the coastal state from preventing unfair navigation in its
territorial waters.

The flag State shall bear the consequences of any loss or damage resulting from the
non-compliance by the master of a ship under its flag with the laws and regulations of
the coastal State.

 Rights of Innocent Passage in the Territorial Sea (3A)

(1) A foreign warship including a submarine and any other underwater warship may
enter or pass through the Territorial Sea after giving prior notice to the Government.

(2) If a submarine or other underwater vehicle, such as

 a Remotely Operated Underwater Vehicle,

 Autonomous Underwater Vehicle,
 Unmanned Underwater Vehicle, etc.,

Using its right of Innocent Passage through the Territorial Sea, it must stay on the
surface and fly its flag

(3) No aircraft shall enjoy the rights of Innocent Passage without the prior express
consent of the Government.

(4) The government may set rules and regulations for Innocent Passage through in the
Territorial Sea to ensure

 navigation safety, environmental protection, and compliance with customs, tax,

immigration, and sanitary legislation.

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 Rights & Duties of Coastal state

Rights of Coastal State

a. Right to Regulate

Coastal states have the right to adopt laws and regulations concerning innocent
passage through their territorial seas.

b. Right to Suspend Passage

If a foreign ship's passage is not innocent, the coastal state has the right to suspend
passage through its territorial sea.

However, the coastal state must provide clear evidence of the non-innocent nature of
the passage.

c. Notification and Diversion

If a coastal state believes that a foreign ship's passage is not innocent, it has the right
to give notice to the ship to alter its passage.

The coastal state may also divert the ship if necessary.

d. Prevention of Non-Innocent Passage

The coastal state has the right to take necessary steps to prevent the passage of a
foreign ship that is not innocent.

This is to ensure the peace, good order, and security of the coastal state.

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Duties of Coastal State

a. Duty to Allow Innocent Passage

Coastal states have a duty to allow innocent passage of foreign ships through their
territorial seas which is not prejudicial to the peace, good order, or security of the
coastal state.

b. Non-Interference with Innocent Passage

The coastal state shall not stop or divert a foreign ship passing through its territorial
sea for the purpose of exercising the right of innocent passage unless there is clear
evidence that the passage is not innocent.

c. Non-Prejudice to Right of Innocent Passage:

The coastal state's exercise of its rights and duties under UNCLOS should not
prejudice the general right of innocent passage through its territorial sea.

 Punishment for violation of innocent passage (Sec. 15)

(1) The passage of a foreign vessel is not innocent and shall be considered as an
offence if the vessel, while in the Territorial Sea, engages in-

(a) any threat or use of force against

 the sovereignty, territorial integrity or political independence of Bangladesh or

 any other act which violates the principles of international law set out in the
Charter of the United Nations;

(b) any

 exercise or practice with weapons of any kind,

 any act aimed at collecting information, which would be harmful to the defense or
security of Bangladesh,
 any act of propaganda circulated to affect the defense or security of Bangladesh,

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 launching off and landing on any kind of aircraft from a ship; launching off and
landing on any kind of military device;

(c) loading or unloading any goods, currency, or people in a way that

 breaches customs, tax, immigration, or health laws of Bangladesh;

(d) any act of willful environment pollution

(e) any fishing activities or carrying out of research or surveying activities;

(f) any

 act designed to interfere with any system of communication or

 any other facility or installation in Bangladesh or
 any other activity not directly related to its passage

Which is prejudicial to the peace, good order and security of Bangladesh.

(2) Any person who commits an such offences will be

Punishable with

 imprisonment for 5 years or with fine of minimum taka 10 crore which may
extend to taka 40 crore or with both.

(3) Where the offence is continued after conviction, persons who were convicted, will
be liable to a double punishment.

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3. Exclusive Economic Zone (EEZ) + [ Rights & Duties, Prohibition on the
exploration or exploitation in the EEZ]

The Exclusive Economic Zone (EEZ) is a maritime zone defined by the United
Nations Convention on the Law of the Sea (UNCLOS).

It starts from the seaward limit of a coastal state's territorial sea, usually 12 nautical
miles from the baseline, to 200 nautical miles.

Coastal states have sovereign rights in the EEZ for the purpose of exploring and
exploiting, conserving, and managing natural resources, both living (such as fish) and
non-living (such as oil and gas).

 Rights and duties of the Exclusive Economic Zone (EEZ)

Resource Rights

The coastal state has sovereign rights for the purpose of exploring, exploiting,
conserving, and managing natural resources found within the EEZ.

This includes fish, oil, natural gas, and other marine resources.

Freedom of Navigation

Other states are free to fly over and navigate through the EEZ. They are also free to
install underwater wires and pipelines.

Duties of Coastal State:

While the coastal state has sovereign rights over resources, it also has a duty to ensure
that activities within its EEZ do not harm the marine environment.

Additionally, the coastal state must prevent and control marine pollution in the zone.

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Research and Environmental Protection:

The coastal state has the right to conduct scientific research in the EEZ and is
obligated to promote the protection and preservation of the marine environment.

 Rights and jurisdiction of Bangladesh

According to section 5 of the Territorial Waters and Maritime Zones Act, 1974,

In the EEZ, Bangladesh shall have,

(a) sovereign rights to explore, exploit, preserve, and manage living and non-
living natural resources, generate energy from waves, currents, and winds, navigate
vessels, and conduct business;

(b) exclusive rights and authority to build, maintain, and operate artificial
islands, marine terminals, installations, and other structures and devices for other
purposes;

(c) exclusive jurisdiction to authorize, regulate, and control maritime scientific

research, marine environment preservation, and marine pollution prevention;

(d) exclusive jurisdiction to enforce customs, fiscal, sanitary and immigration

laws over artificial islands, installations and structures; and

(e) such other rights as recognized by international law.

(3) Except for military exercises in the EEZ, other States may utilize the sea lawfully.

(4) For the purpose of this section, the Government may make rules-

(a) to prevent, mitigate and control of pollution in the EEZ;

(b) to determine the allowable catch of fish;

(c) to determine the usage, exploration, exploitation, preservation and

management of living and non-living resources;

(d) to board vessels;

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 (e) to declare the Designated Areas and Safety Zones in the EEZ;

areas of environmental protection such as ship to ship transfers of oil and other
commodities, laying of submarine cables and pipelines by other States; and

(f) to determine the military and other activities in the EEZ.

 Prohibition on the exploration or exploitation in the Exclusive Economic Zone

(EEZ), etc. (Section 5A)

According to the section 5A of the Territorial Waters and Maritime Zones Act, 1974

 The EEZ cannot be searched, dig up, or researched by anybody, including

foreign governments or international organizations.
Anyone may drill, build, maintain, or operate any artificial island, off-shore
terminal, facility, or other structure or equipment in the EEZ under a government
license or letter of permission.
 That will not affect the right of fishing in the EEZ by a citizen of Bangladesh
in accordance with the laws for the time being in force.

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4. Continental Shelf + (Definition, Rights & Duties, CS exists ipso facto & Ab
initio)

The continental shelf of a coastal state includes the seabed and subsoil of the
underwater areas that go beyond its territorial sea, along the natural extension of its
land territory, to the outer edge of the continental margin or 200 nautical miles (370.4
kilometers) from the baselines used to measure the breadth of the territorial sea,
whichever is greater.

Even though they are underwater, continental shelves are part of the continent. The
actual boundary of a continent is not its coastline, but the edge of the continental shelf.

According to section 7 of the Territorial Waters and Maritime Zones Act, 1974

The seabed and subsoil of Bangladesh's submarine areas extend beyond the Territorial
Sea along its natural land extension to the Continental Margin.

If the outer edge of the Continental Margin extends beyond 200 NM from the
Territorial Sea Baseline, the Government may establish the outer limits of the
Continental Shelf by rules based on the Convention's principles and methods.

The Government may regulate Designated Areas and Safety Zones and
submarine cable and pipeline laying by other States in the Continental Shelf.

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 Rights & Duties

Rights of Coastal States

a. Sovereign Rights for Exploration and Exploitation

Coastal states have sovereign rights over the continental shelf for the purpose of

 exploring and exploiting its natural resources, including oil, natural gas, and
minerals.
b. Exclusive Rights

The rights of coastal states over the continental shelf are exclusive, meaning that other
states do not have the right to exploit the resources of the continental shelf without the
consent of the coastal state.

c. Submission to the Commission on the Limits of the Continental Shelf (CLCS)

If the continental shelf extends beyond 200 nautical miles from the coastal baseline,
the coastal state has the right to submit information on the outer limits of its
continental shelf to the CLCS, a body established under UNCLOS.

d. Extension of Continental Shelf Beyond 200 Nautical Miles

It is possible for coastal states to extend their continental shelf beyond 200 nautical
miles if they can show that their land naturally goes beyond this distance using science
and technical data.

Duties of Coastal States

a. Prevention of Pollution:

Coastal states are obligated to take measures to prevent, reduce, and control pollution
of the marine environment from activities on the continental shelf.

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b. International Cooperation:

UNCLOS encourages coastal states to cooperate with each other and with other states
in the management and utilization of the living resources of the continental shelf that
are shared or migrate across boundaries.

c. Environmental Protection:

Coastal states have a duty to protect and preserve the marine environment on the
continental shelf and to conduct environmental impact assessments for certain
activities that may have adverse effects.

d. Non-Interference with Navigation and Other States:

Coastal states have exclusive rights over the continental shelf but must allow other
states' freedom of navigation and innocent passage across the superjacent water
column.

 Rights and jurisdiction in the Continental Shelf (Section 7A)

Bangladesh shall have the following sovereign rights and jurisdiction in the
Continental Shelf, namely

(a) exploration and exploitation of its natural resources;

(b) authorization and regulation of the construction, operation, maintenance and use of
artificial islands, off-shore terminals, installations and other structures and devices
including Designated Areas and Safety Zones, necessary for the exploration and
exploitation of the resources of the Continental Shelf or for the convenience of
shipping or for any other economic purposes;

(c) authorization and regulation of drilling for any purposes;

(d) authorization, regulation and control of marine scientific research;

(e) preservation and protection of marine environment;

(f) prevention and control of marine pollution; and

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(g) enforcement of customs, fiscal, sanitary and immigration laws with regard to
construction of artificial islands, installations and structures.

 CS exists ipso facto & Ab initio

Ipso Facto

The existence of a continental shelf is a natural consequence of the geographical

configuration of coastal areas.

Coastal states have ipso facto rights over the continental shelf by virtue of their
coastline without the need for specific legal recognition.

Ab Initio:

The rights over the continental shelf are considered to exist ab initio, meaning from
the beginning or outset.

These rights are recognized under international law, particularly the United Nations
Convention on the Law of the Sea (UNCLOS).

UNCLOS and Continental Shelf:

UNCLOS, adopted in 1982, establishes a comprehensive legal framework for the

rights and responsibilities of coastal states regarding their continental shelf.

It defines the outer limits of the continental shelf, delineating the rights of coastal
states over the shelf's resources.

Key UNCLOS Provisions:

Article 76

Provides criteria for establishing the outer limits of the continental shelf.

Article 77

Recognizes the sovereign rights of coastal states over the continental shelf for the
purpose of exploring and exploiting its resources.

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Article 83

Emphasizes the duty of coastal states to prevent pollution and take measures for the
conservation of the living resources on the continental shelf.

In summary, the continental shelf is a significant maritime feature, and the rights and
duties associated with it are defined by international law, particularly UNCLOS. The
existence of these rights is inherent in the geographical configuration of coastal areas
and is recognized ab initio and ipso facto.

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5. Provision as to the High Seas + (Six Freedoms)

The high seas denote all parts of the sea that are not included in the EEZ, territorial se
or internal waters of a State.

According to section 7C of the Territorial Waters and Maritime Zones Act, 1974

(1) Bangladesh shall, subject to the other provisions of this Act and to the
international laws, enjoy the following rights on the High Seas in water columns
beyond 200 NM of the Exclusive Economic Zone, namely,

(a) freedom of navigation;

(b) freedom of overflight;

(c) freedom to lay submarine cables and pipelines;

(d) freedom to construct artificial islands and other installations permitted under
international laws;

(e) freedom of fishing; and

(f) freedom of marine scientific research.

(2) Bangladesh shall have the right to sail ships flying its flag on the High Seas.

(3) The Government shall, by notification in the official Gazette, determine the
conditions for the grant of its nationality to ships, for the registration of ships in its
territory and the rights to fly the flag.

(4) Ships shall fly their State’s flags on the condition that they have to have genuine
link with that State.

(5) Unless otherwise provided in the international treaties or Convention, ships flying
Bangladeshi flag shall be subject to the exclusive jurisdiction of Bangladesh on the
High Seas.

(6) Nothing in this section shall prejudice the rights of navigation of the ships
employed on the official service of the United Nations or its specialized organizations

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or International Atomic Energy Agency (IAEA)or ships flying flags of such
organizations.

(7) The Government shall maintain a register for name and other details of its ships
and effectively exercise its jurisdiction and control in administrative, technical and
social matters over each ship and its master as flag State.

(8) Warships and military aircrafts of Bangladesh shall enjoy complete immunity in
the High Seas from the jurisdiction of any other foreign State.

(9) If any vessel collides with another vessel on the High Seas or suffers accident or
punitive and disciplinary measures need to be taken against the master or any other
person on board the ship for such incidents, no other authority except the juridical or
administrative authority of the flag state or the states of such nationals shall take any
punitive or disciplinary measures.

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7. Sea Bed governance + (International sea bed authorities -ISBA)

According to section 2(15) of the Territorial Waters and Maritime Zones Act, 1974

“Seabed” means the top of the surface layer of the sand, rock, mud or other material
lying at the bottom of the sea and immediately above the subsoil;

According to section 2D of the Territorial Waters and Maritime Zones Act, 1974

The sovereignty of Bangladesh extends beyond its land territory to the water column,
the seabed and its subsoil, and the air space over the Internal Waters.

The Government may suspend the movement of any vessel and warship in the Internal
Waters.

United Nations Convention on the Law of the Sea (UNCLOS)

UNCLOS is the primary international legal framework that governs activities related
to the sea bed.

Part XI of UNCLOS specifically addresses the regime for the Area, which refers to
the seabed and ocean floor and subsoil thereof beyond the limits of national
jurisdiction.

UNCLOS establishes the International Seabed Authority (ISA) to regulate seabed

mining activities in the Area and ensure the effective protection of the marine
environment.

International Seabed Authority (ISBA)

The ISA is an international organization established under UNCLOS to organize,

regulate, and control activities related to seabed mining in the Area.

The ISA issues licenses for exploration and exploitation of mineral resources in the
international seabed area.

It also sets environmental standards to prevent, reduce, and control any potential
adverse effects of seabed mining.

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8. Establishment of Maritime tribunal (Constitution + Jurisdiction)

The establishment of maritime tribunals is typically aimed at resolving disputes

related to maritime law and issues arising from activities at sea.

The process for establishing a maritime tribunal may vary from country to country,
but generally involves the following steps:

Legislation:

The first step is the enactment of legislation that grants the legal authority to establish
a maritime tribunal. This legislation outlines the jurisdiction, powers, and procedures
of the tribunal. It may also specify the types of cases that fall under the tribunal's
purview.

Appointment of Judges:

Once the legal framework is in place, judges or arbitrators with expertise in maritime
law are appointed to serve on the tribunal. These individuals should have a deep
understanding of the complexities and nuances of maritime issues.

Rules and Procedures:

The tribunal establishes rules and procedures to govern its operations. These rules
cover matters such as filing procedures, evidence submission, timelines, and the
conduct of hearings. Clear and well-defined rules are essential for ensuring a fair and
efficient resolution process.

Facilities and Resources:

Adequate facilities and resources, such as a physical location for hearings,

administrative support staff, and technology for virtual hearings, are necessary for the
tribunal to function effectively.

International Cooperation:

In cases where the tribunal may handle international maritime disputes, cooperation
with other countries and adherence to international conventions may be essential. This
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helps ensure that decisions made by the tribunal are recognized and enforceable
internationally.

Training and Education:

Judges and staff involved with the tribunal may undergo specialized training in
maritime law to enhance their understanding of the industry and its legal complexities.

9. Bay of Bengal Maritime Boundary Arbitration between Bangladesh and India.

(Case)

6. Right & Duties of flag state (BD law + International Law)

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