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INTERNATIONAL LAW OF THE SEA

1. What is law of the sea? ......................................................................................3

2. What are maritime zones? ................................................................................3

3. How is law of the sea different from maritime law? ......................................4

4. What are sources of law of the sea? .................................................................5

5. What is a coastal state? .....................................................................................5


6. How does a coastal state exercise its sovereignty over maritime zones? ......6
7. How to define territorial sea? ...........................................................................7

8. What is baseline? ...............................................................................................7


9. How is internal water distinguished from territorial sea? ............................8

10. How do coastal states exercise their sovereignty in the internal waters? .9

11. What is legal status of internal waters?......................................................10


12. What is legal status of territorial sea? ........................................................10

13. What is vessel? How is a vessel distinguished from a ship? .....................11


14. What is a warship under UNCLOS? ..........................................................12

15. What is government ship operating for non-commercial purposes? ......12

16. What is immunity of jurisdiction of warship and Government ships


operating for non-commercial purposes? ............................................................13

17. What is innocent passage? ...........................................................................14

18. How does "prejudicial to peace and security" mean? ..............................14


19. What does Article 19 UNCLOS say ............................................................15

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20. What is contiguous zone? How is contiguous zone defined? ....................17

21. What is the significance of the contiguous zone? ......................................17


22. What is exclusive economic zone? How is exclusive economic zone
defined under UNCLOS? ......................................................................................18

23. What are sovereign rights and jurisdiction of the coastal states in the
EEZ? ........................................................................................................................19

24. What are freedoms in the EEZ of other states? ........................................19


25. Do land-locked states and geographically disadvantageous states have
any rights in the EEZ of coastal states? ...............................................................20

26. What is continental shelf? ............................................................................21

27. How is continental shelf measured?............................................................22


28. What is the minimum limit of the continental shelf? ................................22
29. What is isobath line? What it is used for determining limits of the
continental shelf?....................................................................................................23
30. What is the 2.500 isobath line? ....................................................................23

31. What is legal status of the continental shelf? .............................................24


32. What are sovereign rights and jurisdictions of the coastal states in their
continental shelf?....................................................................................................25

33. What are freedoms of other states in the continental shelf of a coastal
states? ......................................................................................................................25

34. How is EEZ distinguished from continental shelf? ...................................26

35. What is the high seas? What is legal status of the high seas? ..................27

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1. What is law of the sea?
The Law of the Sea is a body of international law that governs the use and
management of the world's oceans and coastal areas. It establishes a framework for
the use, conservation, and management of marine resources, as well as for resolving
conflicts between states over ocean-related issues.

The United Nations Convention on the Law of the Sea (UNCLOS) is the primary
international treaty that sets out the legal framework for the use and management of
the world's oceans. UNCLOS was adopted in 1982 and has been ratified by over 160
countries, including all of the major maritime powers.

UNCLOS defines the rights and responsibilities of states in their use of the world's
oceans, establishing guidelines for maritime boundaries, territorial waters, exclusive
economic zones, and continental shelves. It also sets rules for the conservation and
management of marine resources, including fisheries, and establishes procedures for
resolving disputes between states over ocean-related issues.

The Law of the Sea is an important area of international law, as it establishes the
legal basis for much of the world's maritime commerce and resource extraction. It is
also crucial for the protection of the marine environment, as it provides a framework
for managing the impact of human activities on the oceans and coastal areas.

2. What are maritime zones?


Maritime zones refer to different areas of the ocean and coastal regions that are
subject to different legal regimes, based on the United Nations Convention on the
Law of the Sea (UNCLOS). In addition to internal water which is a part of the coastal
state’s territory, the following are the four main maritime zones:

• Territorial Sea: This is the area of water adjacent to a coastal state's land
territory, measured from the baseline of the coast. Under UNCLOS, coastal
states have sovereignty over their territorial sea, which extends up to 12
nautical miles (22.2 kilometers) from the baseline. Within this zone, coastal
states have exclusive rights to explore, exploit, conserve and manage the
natural resources, both living and non-living, in the waters, seabed and
subsoil.

• Contiguous Zone: This is the area adjacent to the territorial sea, extending up
to 24 nautical miles (44.4 kilometers) from the baseline. Within this zone,
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coastal states can enforce certain laws, such as customs, immigration, and
sanitation laws, to prevent or punish any infringement on their territorial sea.

• Exclusive Economic Zone (EEZ): This is the area of water beyond the
territorial sea, extending up to 200 nautical miles (370.4 kilometers) from the
baseline. Coastal states have sovereign rights to explore, exploit, conserve and
manage the natural resources, both living and non-living, in the waters, seabed
and subsoil within their EEZs. However, other states have freedom of
navigation and overflight rights in this zone, and may conduct scientific
research and lay submarine cables and pipelines without the coastal state's
permission.

• Continental Shelf: This is the area of seabed and subsoil adjacent to a coastal
state's land territory, extending beyond the territorial sea to the outer edge of
the continental margin or 200 nautical miles (370.4 kilometers) from the
baseline, whichever is greater. Coastal states have sovereign rights to explore
and exploit the natural resources, both living and non-living, in the continental
shelf beyond their territorial sea.

3. How is law of the sea different from maritime law?


The Law of the Sea and Maritime Law are two related but distinct areas of law that
govern different aspects of maritime activities.

The Law of the Sea is a body of international law that governs the use and
management of the world's oceans and coastal areas. It establishes a framework for
the use, conservation, and management of marine resources, as well as for resolving
conflicts between states over ocean-related issues. The primary international treaty
that sets out the legal framework for the Law of the Sea is the United Nations
Convention on the Law of the Sea (UNCLOS).
Maritime Law, on the other hand, is a body of law that regulates activities and
transactions that occur on the high seas, inland waters, and ports. It deals with a wide
range of issues, including contracts of carriage, shipping, marine insurance, salvage,
and maritime liens. Maritime law is primarily based on the common law and
statutory law of individual countries, and its principles are generally enforced by
national courts.

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In summary, the Law of the Sea governs the use and management of the world's
oceans and coastal areas, while Maritime Law governs the activities and transactions
that occur on the high seas, inland waters, and ports.

4. What are sources of law of the sea?


The primary source of the Law of the Sea is the United Nations Convention on the
Law of the Sea (UNCLOS), which was adopted in 1982 and entered into force in
1994. UNCLOS is widely regarded as the most comprehensive treaty governing the
use and management of the world's oceans and coastal areas, and it provides a
framework for the management of marine resources and the settlement of disputes
between states over ocean-related issues.

Other sources of the Law of the Sea include customary international law, which is
the unwritten and generally accepted practices and norms among states that govern
their behavior in relation to the oceans. Customary international law is recognized
as a source of law by the International Court of Justice and is an important
supplement to UNCLOS.

Other international agreements, such as regional treaties, also contribute to the


development of the Law of the Sea. For example, the International Convention for
the Safety of Life at Sea (SOLAS) and the International Convention on Standards of
Training, Certification, and Watchkeeping for Seafarers (STCW) are two important
international agreements that regulate safety and training standards for maritime
activities.

In addition, domestic laws of individual countries may also play a role in the
development and enforcement of the Law of the Sea, particularly in relation to issues
such as marine pollution, fisheries management, and maritime security.

5. What is a coastal state?


A coastal state is a state that has a coastline bordering the ocean or a sea. The United
Nations Convention on the Law of the Sea (UNCLOS) defines a coastal state as a
state with a coastline, including both mainland and islands, and with sovereignty
over the waters adjacent to its coast.

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Coastal states have a range of rights and responsibilities under international law.
They have sovereignty over their territorial sea, which extends up to 12 nautical
miles (22.2 kilometers) from their coastline, and they have exclusive rights to
explore, exploit, conserve and manage the natural resources, both living and non-
living, in the waters, seabed and subsoil within this zone.
In addition, coastal states have certain rights and responsibilities in the contiguous
zone, exclusive economic zone (EEZ), and continental shelf, as defined by
UNCLOS. These rights and responsibilities include the authority to regulate
maritime activities, such as fishing, shipping, and exploration for natural resources,
within their respective maritime zones. They also have the responsibility to protect
the marine environment, promote scientific research, and prevent or mitigate
pollution from ships and other sources.

6. How does a coastal state exercise its sovereignty over maritime


zones?
A coastal state exercises its sovereignty over maritime zones by implementing and
enforcing laws and regulations that govern maritime activities in those zones.

In the territorial sea, which extends up to 12 nautical miles (22.2 kilometers) from
the coastline, a coastal state has complete sovereignty, including over the airspace
above and the seabed and subsoil beneath it. The coastal state may establish laws
and regulations on shipping, fishing, and other activities within its territorial sea, and
it may enforce those laws through its own law enforcement agencies or through the
courts.
In the contiguous zone, which extends an additional 12 nautical miles (22.2
kilometers) beyond the territorial sea, the coastal state has certain limited powers to
enforce its customs, fiscal, immigration, and sanitary laws and regulations.
In the exclusive economic zone (EEZ), which extends up to 200 nautical miles
(370.4 kilometers) from the coastline, the coastal state has exclusive rights to
explore, exploit, conserve, and manage the natural resources, both living and non-
living, in the waters, seabed, and subsoil within this zone. However, other states
enjoy the freedom of navigation and overflight, and the right to lay submarine cables
and pipelines in the EEZ, subject to the coastal state's regulations.

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In the continental shelf, which extends beyond the EEZ, the coastal state has
exclusive rights to explore and exploit the natural resources of the seabed and subsoil
beneath the continental shelf.

In summary, a coastal state exercises its sovereignty over maritime zones by


establishing laws and regulations that govern maritime activities, and by enforcing
those laws through its own law enforcement agencies or through the courts.

7. How to define territorial sea?


The territorial sea is a belt of coastal waters extending up to 12 nautical miles (22.2
kilometers) from a state's baseline, which is the low-water mark along its coast. The
territorial sea is considered part of a coastal state's sovereign territory, and the state
has complete sovereignty over it, including the airspace above and the seabed and
subsoil beneath it.
The United Nations Convention on the Law of the Sea (UNCLOS) provides the
international legal framework for the territorial sea, and it establishes the rules and
principles for the exercise of coastal state sovereignty in this zone. UNCLOS defines
the territorial sea as "the belt of sea extending twelve nautical miles from the baseline
and measured seaward from the low-water line of the coast."

The territorial sea is an important zone for coastal states because it provides a buffer
zone for national security, allows for the exercise of control over shipping and
fishing activities, and gives the state exclusive rights to the natural resources, both
living and non-living, in the waters, seabed, and subsoil within this zone. However,
other states enjoy the freedom of navigation and overflight, and the right to lay
submarine cables and pipelines in the territorial sea, subject to the coastal state's
regulations.

8. What is baseline?
A baseline is the line along the coast from which the extent of a state's territorial sea,
contiguous zone, and exclusive economic zone are measured. The baseline is
typically the low-water mark along the coast, which is the point where the land and
sea meet at low tide.

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The United Nations Convention on the Law of the Sea (UNCLOS) defines the
baseline as "the low-water line along the coast as marked on large-scale charts
officially recognized by the coastal State." UNCLOS allows states to draw straight
baselines in certain circumstances, such as where the coastline is deeply indented or
has fringing islands, provided that the straight baselines are consistent with
international law.

The baseline serves as the starting point for measuring the extent of a state's maritime
zones, including the territorial sea, contiguous zone, and exclusive economic zone.
The territorial sea extends up to 12 nautical miles (22.2 kilometers) from the
baseline, while the contiguous zone extends an additional 12 nautical miles (22.2
kilometers) beyond the territorial sea. The exclusive economic zone extends up to
200 nautical miles (370.4 kilometers) from the baseline, or beyond that if the
continental shelf extends further.

In summary, the baseline is the line along the coast from which a state's maritime
zones are measured, and it is typically the low-water mark along the coast.

9. How is internal water distinguished from territorial sea?


Internal waters and territorial sea are two distinct maritime zones, and they are
distinguished by their legal status and the extent of coastal state sovereignty over
them.
Internal waters are the waters landward of the baseline, which are considered part of
a coastal state's sovereign territory. The coastal state has complete sovereignty over
its internal waters, and it can establish laws and regulations that apply to all activities
within these waters, including navigation, fishing, and other activities. Foreign ships
and aircraft have no right of innocent passage through internal waters, and the coastal
state may require prior notification or authorization for foreign vessels to enter its
internal waters.

In contrast, the territorial sea is a zone of coastal waters extending up to 12 nautical


miles (22.2 kilometers) from the baseline, which is considered part of a coastal state's
sovereign territory. However, the coastal state's sovereignty over the territorial sea
is subject to certain rights of innocent passage by foreign ships, which means that
foreign vessels have the right to navigate through the territorial sea in a continuous
and expeditious manner, without engaging in any activities that are prejudicial to the
peace, good order, or security of the coastal state.

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In summary, the key distinction between internal waters and the territorial sea is that
the coastal state has complete sovereignty over its internal waters, while its
sovereignty over the territorial sea is subject to certain limitations on the rights of
innocent passage by foreign ships.

10. How do coastal states exercise their sovereignty in the


internal waters?
Coastal states exercise their sovereignty over their internal waters by establishing
laws and regulations that apply to all activities within these waters, including
navigation, fishing, and other activities. The coastal state has the power to enforce
these laws and regulations within its internal waters and to take measures to prevent
or punish violations of its laws.
Some of the ways in which coastal states exercise their sovereignty in their internal
waters include:

• Regulating navigation: Coastal states can establish rules and regulations that
govern navigation within their internal waters, such as speed limits, traffic
separation schemes, and rules for the use of navigational aids.

• Regulating fishing: Coastal states can establish laws and regulations that
govern fishing within their internal waters, such as licensing requirements,
gear restrictions, and catch limits.

• Regulating other activities: Coastal states can regulate other activities within
their internal waters, such as the construction and operation of ports and
harbors, the installation of offshore structures, and the discharge of waste and
pollutants.

• Law enforcement: Coastal states have the power to enforce their laws and
regulations within their internal waters, including through the use of police
and coast guard patrols, inspections, and surveillance.

• Sovereign immunity: Coastal states have the right to exercise sovereign


immunity within their internal waters, which means that foreign ships and
aircraft are not allowed to exercise jurisdiction within these waters without
the permission of the coastal state.

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In summary, coastal states exercise their sovereignty over their internal waters
through the establishment and enforcement of laws and regulations, as well as
through the exercise of their inherent powers to protect their national interests and
maintain security within their borders.

11. What is legal status of internal waters?


Internal waters have a unique legal status, as they are considered part of the
sovereign territory of the coastal state. This means that a coastal state has complete
sovereignty over its internal waters, and it can establish laws and regulations that
apply to all activities within these waters, including navigation, fishing, and other
activities.

The United Nations Convention on the Law of the Sea (UNCLOS) defines internal
waters as "the waters on the landward side of the baseline of the territorial sea," and
it recognizes the coastal state's right to exercise jurisdiction over its internal waters
in accordance with its national laws and regulations.
Foreign ships and aircraft have no right of innocent passage through internal waters,
and the coastal state may require prior notification or authorization for foreign
vessels to enter its internal waters. The coastal state also has the power to enforce its
laws and regulations within its internal waters and to take measures to prevent or
punish violations of its laws.
In summary, internal waters have a unique legal status as part of the sovereign
territory of the coastal state, and the coastal state has complete sovereignty over these
waters, including the power to establish and enforce laws and regulations and to
control access by foreign vessels and aircraft.

12. What is legal status of territorial sea?


The territorial sea has a distinct legal status under international law, as it is
considered to be part of the sovereign territory of the coastal state, subject to certain
rights of innocent passage by foreign ships. The United Nations Convention on the
Law of the Sea (UNCLOS) defines the territorial sea as a zone of maritime waters
extending up to 12 nautical miles (22.2 kilometers) from the baseline, which is the
line that marks the low-water line along the coast.

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The coastal state has the right to exercise full sovereignty over its territorial sea,
including the right to regulate and control all activities within the territorial sea. The
coastal state may establish laws and regulations concerning, among other things,
navigation, fishing, and scientific research in its territorial sea. The coastal state may
also take measures to protect its security, public order, and environment within its
territorial sea.

However, the sovereignty of the coastal state over its territorial sea is subject to the
rights of innocent passage by foreign ships. Under the principle of innocent passage,
foreign ships have the right to navigate through the territorial sea in a continuous
and expeditious manner, without engaging in any activities that are prejudicial to the
peace, good order, or security of the coastal state.

In summary, the territorial sea has a unique legal status as part of the sovereign
territory of the coastal state, subject to the rights of innocent passage by foreign
ships. The coastal state has full sovereignty over its territorial sea, subject to the
limitations imposed by the rights of innocent passage.

13. What is vessel? How is a vessel distinguished from a ship?


A vessel is a term used to refer to any watercraft that is designed to travel on water,
including boats, ships, and other floating structures. A vessel can be powered by
wind, oars, engines, or other means.
The terms "vessel" and "ship" are often used interchangeably, but there is a technical
distinction between the two. In general, a ship is a larger vessel that is used for
transportation or other commercial purposes, while a boat is a smaller vessel that is
typically used for recreational or personal use. However, there is no clear line
between a ship and a boat, and the terms are often used interchangeably.
Under international law, the term "vessel" is generally used to refer to any watercraft,
regardless of its size or purpose. The United Nations Convention on the Law of the
Sea (UNCLOS) defines a vessel as "every description of watercraft, including non-
displacement craft and seaplanes, used or capable of being used as a means of
transportation on water."

In summary, a vessel is a term used to refer to any watercraft, while a ship is a larger
vessel that is typically used for transportation or commercial purposes. However, the
terms are often used interchangeably, and there is no clear distinction between the
two.
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14. What is a warship under UNCLOS?
Under the United Nations Convention on the Law of the Sea (UNCLOS), a warship
is a vessel that is owned or operated by a state and is used for military purposes.
Warships are exempt from many of the rights and duties that apply to other vessels
under UNCLOS, due to the principle of sovereign immunity.

According to UNCLOS, warships are subject to the following rules:

• Warships have complete immunity from the jurisdiction of any state other
than the state whose flag the warship is flying.

• Warships have the right of innocent passage through the territorial sea of other
states, but must comply with the rules and regulations of the coastal state while
in its territorial sea.

• Warships have the right of transit passage through international straits, which
are defined as narrow passages of water that connect two areas of the high
seas or that lie within the territorial sea of a coastal state.

• Warships must take all necessary steps to avoid any interference with the
peaceful use of the sea by other vessels.

• Warships are prohibited from carrying out any activities that are prejudicial
to the peace, good order, or security of other states.
In summary, warships are vessels that are owned or operated by a state and are used
for military purposes. Warships are subject to certain rules and exceptions under
UNCLOS, including immunity from the jurisdiction of other states and the right of
innocent passage through the territorial sea of other states.

15. What is government ship operating for non-commercial


purposes?
Under the United Nations Convention on the Law of the Sea (UNCLOS), a
government ship operating for non-commercial purposes is a vessel that is owned or
operated by a government and is engaged in activities that are not of a commercial

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nature. This includes, but is not limited to, vessels operated by a government for
military, scientific, or humanitarian purposes.
Government ships operating for non-commercial purposes are subject to certain
rules and exceptions under UNCLOS. In particular, they are generally entitled to the
same rights and freedoms as other vessels, including the right of innocent passage
through the territorial sea of other states. However, government ships are also subject
to certain limitations and responsibilities, such as the obligation to comply with the
laws and regulations of the coastal state while in its territorial sea.

It is worth noting that UNCLOS does not provide a precise definition of what
constitutes a "government ship operating for non-commercial purposes." However,
the term is generally understood to refer to any vessel that is owned or operated by
a government and is engaged in activities that are not of a commercial nature.

16. What is immunity of jurisdiction of warship and


Government ships operating for non-commercial purposes?
Under the United Nations Convention on the Law of the Sea (UNCLOS), warships
and government ships operating for non-commercial purposes are immune from the
jurisdiction of other states in certain circumstances.

In general, warships and government ships enjoy complete immunity from the
jurisdiction of any state other than the state whose flag the ship is flying. This means
that they cannot be boarded, inspected, or detained by foreign authorities, except in
certain limited circumstances.

However, there are some exceptions to this principle of immunity. For example, a
coastal state may exercise its jurisdiction over a warship or government ship if the
ship engages in activities that are not consistent with the principles of innocent
passage or if the ship poses a threat to the coastal state's security. In addition,
warships and government ships may be subject to the jurisdiction of an international
court or tribunal, such as the International Court of Justice or an arbitral tribunal
established under UNCLOS.

It is also worth noting that while warships and government ships are immune from
the jurisdiction of other states, they are still subject to the law of the flag state. This
means that the flag state is responsible for ensuring that its warships and government
ships comply with international law and UNCLOS while operating on the high seas
or in foreign waters.
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17. What is innocent passage?
Innocent passage is a legal concept under the United Nations Convention on the Law
of the Sea (UNCLOS) that allows foreign vessels to navigate through the territorial
sea of another state, subject to certain conditions and limitations. The concept of
innocent passage applies only to vessels that are not engaged in any threat or use of
force against the coastal state or its interests.

According to UNCLOS, foreign vessels are entitled to innocent passage through the
territorial sea of another state, provided that they:

• Move continuously and expeditiously through the territorial sea;

• Do not engage in any activities that are prejudicial to the peace, good order,
or security of the coastal state;

• Comply with the laws and regulations of the coastal state, including those
relating to navigation and the prevention of pollution; and

• Do not carry out any military activities, including exercises, weapons testing,
or intelligence gathering.

• Innocent passage is a limited right, and coastal states have the right to take
certain measures to protect their security and other legitimate interests. For
example, a coastal state may require foreign vessels to notify its authorities in
advance of their intention to enter its territorial sea, or may regulate the size
and frequency of foreign naval exercises within its territorial sea.
In summary, innocent passage is a legal concept that allows foreign vessels to
navigate through the territorial sea of another state, subject to certain conditions and
limitations. The concept is intended to balance the interests of coastal states in
protecting their security and sovereignty with the interests of other states in ensuring
freedom of navigation and the right of innocent passage.

18. How does "prejudicial to peace and security" mean?


Under the United Nations Convention on the Law of the Sea (UNCLOS), foreign
vessels are entitled to innocent passage through the territorial sea of another state,

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subject to the condition that they do not engage in any activities that are prejudicial
to the peace, good order, or security of the coastal state.
The concept of what activities may be considered "prejudicial to the peace, good
order, or security" of the coastal state is not defined in detail in UNCLOS and is
subject to interpretation based on the specific circumstances of each case. However,
UNCLOS does provide some guidance on what activities might be considered
prejudicial, including:

• Activities that threaten the use or functioning of coastal state facilities or


installations, including military bases or infrastructure;

• Activities that involve the discharge of weapons or the use of force against the
coastal state or its interests;

• Activities that interfere with the coastal state's territorial waters, including
fisheries or other economic resources;

• Activities that are related to smuggling, piracy, or other criminal activities;

• Activities that pose a threat to public health, safety, or the environment; and

• Activities that are contrary to the laws and regulations of the coastal state.

In summary, the term "prejudicial to the peace, good order, or security" is intended
to capture a wide range of activities that could potentially threaten the interests of
the coastal state. The precise meaning of this term will depend on the specific
circumstances of each case, and may be subject to interpretation by national courts
or international tribunals.

19. What does Article 19 UNCLOS say


Article 19 of the United Nations Convention on the Law of the Sea (UNCLOS) deals
with innocent passage through the territorial sea. It states:

"Passage is innocent so long as it is not prejudicial to the peace, good order or


security of the coastal State. Such passage shall take place in conformity with this
Convention and with other rules of international law.

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Passage of a foreign ship shall 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 of the
following activities:

• any threat or use of force against the sovereignty, territorial integrity or


political independence of the coastal State, or in any other manner in violation
of the principles of international law embodied in the Charter of the United
Nations;

• any exercise or practice with weapons of any kind;

• any act aimed at collecting information to the prejudice of the defence or


security of the coastal State;

• any act of propaganda aimed at affecting the defence or security of the coastal
State;

• the launching, landing or taking on board of any aircraft;

• the launching, landing or taking on board of any military device;

• the loading or unloading of any commodity, currency or person contrary to


the customs, fiscal, immigration or sanitary laws and regulations of the coastal
State;

• any act of wilful and serious pollution contrary to this Convention;

• any fishing activities;

• the carrying out of research or survey activities;

• any act aimed at interfering with any systems of communication or any other
facilities or installations of the coastal State;

• any other activity not having a direct bearing on passage."


In summary, Article 19 sets out the conditions for innocent passage through the
territorial sea, and provides a list of activities that may be considered prejudicial to
the peace, good order, or security of the coastal state.

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20. What is contiguous zone? How is contiguous zone
defined?
A contiguous zone is a maritime zone extending beyond a coastal state's territorial
sea, which allows the coastal state to exercise limited control over certain activities
in that zone.

Under the United Nations Convention on the Law of the Sea (UNCLOS), a
contiguous zone is defined as a zone adjacent to the territorial sea that extends up to
24 nautical miles (nm) from the baselines from which the breadth of the territorial
sea is measured. In the contiguous zone, the coastal state may exercise control to
prevent or punish infringement of its customs, fiscal, immigration or sanitary laws
and regulations within its territory or territorial sea.

In the contiguous zone, the coastal state may also take necessary measures to prevent
or punish activities that are considered to be a threat to its security, such as
smuggling or illegal immigration. However, the coastal state's authority in the
contiguous zone is limited compared to its authority in the territorial sea, as it does
not have the same level of control over other activities such as innocent passage.
It's important to note that not all coastal states claim a contiguous zone. In addition,
the legal status and extent of a coastal state's contiguous zone may be subject to
dispute or interpretation in specific cases.

21. What is the significance of the contiguous zone?


The contiguous zone has significant legal and practical significance for coastal
states. Here are a few key points:

• Legal jurisdiction: The contiguous zone provides coastal states with an


extended area of legal jurisdiction beyond their territorial sea, enabling them
to enforce certain laws and regulations related to customs, immigration, and
sanitation.

• Security: The contiguous zone allows coastal states to take measures to


prevent and punish certain activities that are considered to be a threat to their
security, such as smuggling, drug trafficking, or illegal immigration.

• Resource management: The contiguous zone can be used by coastal states to


regulate certain activities related to natural resources, such as fishing or oil
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and gas exploration, particularly if those activities affect the environment or
the interests of the coastal state.

• Diplomacy: The contiguous zone can also be a source of diplomatic tension


or cooperation between neighboring states, particularly if their claims or
activities in the zone overlap or conflict with each other.

Overall, the contiguous zone provides coastal states with a legal framework and a
practical tool to protect their interests and assert their sovereignty beyond their
territorial sea, while also respecting the rights and interests of other states in the
international maritime domain.

22. What is exclusive economic zone? How is exclusive


economic zone defined under UNCLOS?
An exclusive economic zone (EEZ) is a maritime zone established by the United
Nations Convention on the Law of the Sea (UNCLOS) that extends beyond a coastal
state's territorial sea and gives the coastal state special rights to explore, exploit, and
manage the natural resources in the adjacent waters.
Under UNCLOS, the EEZ is defined as a zone that extends up to 200 nautical miles
(nm) from the baselines from which the breadth of the territorial sea is measured. In
the EEZ, the coastal state has special rights to explore, exploit, conserve, and manage
the natural resources, including fish stocks, oil and gas reserves, and minerals, both
on and under the seabed.
In the EEZ, the coastal state also has the right to regulate and manage other activities,
such as marine research, environmental protection, and the construction and
operation of artificial islands, installations, and structures.
It's important to note that although the coastal state has exclusive rights to the natural
resources in the EEZ, other states also have certain rights and freedoms, such as the
right of innocent passage for ships and the freedom of navigation and overflight for
aircraft. In addition, the EEZ does not extend the coastal state's sovereignty over the
waters, but only its sovereign rights and jurisdiction over the natural resources in the
waters.

The establishment and delimitation of the EEZ can be a complex and contentious
issue, particularly in cases where there are overlapping or disputed claims between

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neighboring states. UNCLOS provides a framework for resolving such disputes
through negotiation, mediation, or international arbitration.

23. What are sovereign rights and jurisdiction of the coastal


states in the EEZ?
Under UNCLOS, a coastal state has "sovereign rights" over the natural resources in
its EEZ. This means that the coastal state has the exclusive right to explore, exploit,
conserve, and manage the living and non-living resources, both on and under the
seabed, in the waters of its EEZ.

In addition to sovereign rights, the coastal state also has "jurisdiction" over certain
activities in the EEZ. This includes the right to regulate and manage activities such
as marine research, environmental protection, and the construction and operation of
artificial islands, installations, and structures. The coastal state also has the right to
enforce laws and regulations related to these activities, and to take measures to
prevent or stop activities that are considered to be a threat to its security or economic
interests.
However, it's important to note that the coastal state's jurisdiction in the EEZ is
subject to certain limitations and conditions. For example, other states have the right
of innocent passage for ships and the freedom of navigation and overflight for
aircraft in the EEZ. The coastal state also has the duty to respect and protect the
rights and interests of other states in the international maritime domain, and to
prevent or mitigate any adverse impact of its activities in the EEZ on the marine
environment or on the rights of other states.
Overall, the sovereign rights and jurisdiction of the coastal state in the EEZ provide
a legal framework for the exploration, exploitation, and management of the natural
resources in the adjacent waters, while also recognizing the interests and rights of
other states in the international maritime domain.

24. What are freedoms in the EEZ of other states?


While a coastal state has sovereign rights and jurisdiction over the natural resources
in its exclusive economic zone (EEZ), UNCLOS also recognizes certain "freedoms"
that are available to other states in the EEZ. These freedoms are:

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• Freedom of navigation: This is the right of ships to navigate through the
waters of the EEZ without interference from the coastal state.

• Freedom of overflight: This is the right of aircraft to fly over the EEZ without
interference from the coastal state.

• Freedom to lay submarine cables and pipelines: This is the right of states to
lay submarine cables and pipelines on the seabed of the EEZ for purposes such
as communication, transport, or the exploration and exploitation of natural
resources.

• Freedom to construct artificial islands, installations, and structures: This is the


right of states to construct artificial islands, installations, and structures in the
EEZ for purposes such as scientific research or the exploration and
exploitation of natural resources.
It's important to note that while these freedoms are available to other states, they are
subject to certain conditions and limitations. For example, the exercise of these
freedoms must be in accordance with the rights and duties of the coastal state under
UNCLOS, and must not interfere with the coastal state's sovereign rights and
jurisdiction over the natural resources in the EEZ.

25. Do land-locked states and geographically


disadvantageous states have any rights in the EEZ of coastal
states?
UNCLOS recognizes that landlocked states and geographically disadvantaged states
have a right to access and use the sea and its resources, including those in the EEZ
of coastal states. This right is established in Part IX of UNCLOS, which recognizes
the special needs and interests of landlocked and geographically disadvantaged
states in the development and use of the resources of the sea.

Specifically, UNCLOS states that landlocked and geographically disadvantaged


states have the right to participate on an equitable basis in the exploitation of an
equitable share of the living resources in the EEZ of a coastal state, taking into
account the needs of that coastal state and the other states sharing the same fishery
resources. This means that coastal states are required to take into account the
interests of landlocked and geographically disadvantaged states in managing and
conserving the living resources in their EEZs.

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Additionally, UNCLOS provides for the establishment of cooperative arrangements
between coastal states and landlocked and geographically disadvantaged states to
promote the development and utilization of the resources of the sea. These
arrangements may include the provision of access to ports and the use of maritime
facilities and services on a non-discriminatory basis, as well as the sharing of
scientific and technical information related to the management and conservation of
marine resources.
Overall, while landlocked and geographically disadvantaged states do not have the
same rights as coastal states in the EEZ, UNCLOS recognizes their special needs
and interests in the development and use of the resources of the sea, and provides
for cooperative arrangements between these states and coastal states to ensure that
their interests are taken into account.

26. What is continental shelf?


The continental shelf is the underwater extension of a coastal state's land territory,
which extends beyond its territorial sea and gradually slopes down to the deep ocean
floor. It is an area of the seabed and subsoil that lies adjacent to the coastal state's
land territory, and it can extend out to a distance of 200 nautical miles from the coast
or beyond, depending on the specific geological and geomorphological
characteristics of the area.
Under the United Nations Convention on the Law of the Sea (UNCLOS), coastal
states have sovereign rights over the exploration and exploitation of the natural
resources of the continental shelf, including oil and gas deposits, minerals, and living
organisms such as fish and shellfish. These rights are based on the coastal state's
exclusive right to explore and exploit the natural resources of its land territory, which
extends to the continental shelf.

UNCLOS also provides for the establishment of a continental shelf beyond 200
nautical miles from the coast, where the coastal state can demonstrate that the
continental shelf extends beyond that distance. In these cases, the coastal state can
extend its sovereign rights over the natural resources of the extended continental
shelf, subject to certain conditions and procedures set out in UNCLOS.

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27. How is continental shelf measured?
The measurement of the continental shelf is determined by geological and
geomorphological criteria, as well as the principles of the United Nations
Convention on the Law of the Sea (UNCLOS).
Under UNCLOS, the outer limit of the continental shelf is defined by a combination
of two methods: the natural prolongation method and the equidistance method. The
natural prolongation method is used when the continental margin is a natural
extension of the land territory of the coastal state, and is based on the
geomorphological and geological characteristics of the seabed. The equidistance
method is used when the continental margin is not a natural extension of the land
territory of the coastal state, and is based on a median line between the coastal state
and neighboring states.
To determine the outer limit of the continental shelf, coastal states are required to
submit data and information to the Commission on the Limits of the Continental
Shelf, a scientific and technical body established under UNCLOS. The Commission
evaluates the data and information submitted by the coastal state and makes
recommendations on the outer limit of the continental shelf, which is then
established by the coastal state through a process of negotiation or, if necessary,
adjudication.

Overall, the measurement of the continental shelf is a complex process that involves
a combination of geological, geomorphological, and legal criteria, and requires a
significant amount of scientific and technical expertise to determine.

28. What is the minimum limit of the continental shelf?


The minimum limit of the continental shelf is defined as the point at which the slope
of the continental margin becomes significantly steeper and marks the transition to
the deep ocean floor. This point is known as the "foot of the slope" and is used to
determine the outer limit of the continental shelf.
Under the United Nations Convention on the Law of the Sea (UNCLOS), the
minimum limit of the continental shelf is set at a distance of 200 nautical miles from
the coastal baseline of the coastal state.

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29. What is isobath line? What it is used for determining
limits of the continental shelf?
An isobath line is a line on a map that connects points of equal depth below the sea
level. In the context of determining the limits of the continental shelf, isobath lines
are used to delineate the outer edge of the continental margin.

To determine the outer limits of the continental shelf, coastal states are required to
submit data and information to the Commission on the Limits of the Continental
Shelf, a scientific and technical body established under the United Nations
Convention on the Law of the Sea (UNCLOS). This data includes bathymetric data,
which is used to create maps that show the depth of the seafloor.

Using the bathymetric data, the Commission identifies the 2,000-meter isobath line,
which is a line connecting points on the seafloor at a depth of 2,000 meters. The
2,000-meter isobath line is used as a starting point for determining the outer limits
of the continental shelf, as it represents the approximate point at which the
continental shelf ends and the deep ocean floor begins.
From there, the Commission may consider other factors, such as the slope of the
continental margin, the thickness of sedimentary rock layers, and the presence of
underwater features like ridges and seamounts, to determine the outer limits of the
continental shelf. The resulting boundary is then agreed upon through negotiation
or, if necessary, adjudication between the coastal state and any neighboring states
that may have overlapping claims.

30. What is the 2.500 isobath line?


The 2,500-meter isobath line is a line connecting points on the seafloor at a depth of
2,500 meters below sea level. In the context of the law of the sea, the 2,500-meter
isobath line is important because it is used as a reference point for determining the
limits of the extended continental shelf beyond 200 nautical miles from a coastal
state's baselines.

According to the United Nations Convention on the Law of the Sea (UNCLOS), a
coastal state may claim an extended continental shelf beyond 200 nautical miles
from its baselines if it can demonstrate that the shelf is a natural prolongation of its
land territory and meets certain geological and geomorphological criteria. One of
these criteria is that the outer limit of the continental shelf must not exceed 350

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nautical miles from the baselines or 100 nautical miles from the 2,500-meter isobath
line, whichever is greater. This means that if the 2,500-meter isobath line extends
beyond 350 nautical miles from a coastal state's baselines, the outer limit of its
extended continental shelf may be set at 100 nautical miles from the isobath line
instead.
It's worth noting that the 2,500-meter isobath line is not a hard and fast rule for
determining the outer limits of the extended continental shelf. The Commission on
the Limits of the Continental Shelf, a body established by UNCLOS to consider and
make recommendations on submissions by coastal states, may take into account
other factors in addition to the 2,500-meter isobath line when determining the limits
of the extended continental shelf.

31. What is legal status of the continental shelf?


Under the United Nations Convention on the Law of the Sea (UNCLOS), the
continental shelf is a natural prolongation of a coastal state's land territory into the
adjacent seabed and subsoil. Coastal states enjoy sovereign rights over the
continental shelf for the purpose of exploring and exploiting its natural resources,
including oil, gas, and minerals.

The legal status of the continental shelf is different from that of the high seas or the
exclusive economic zone (EEZ). While the high seas are open to all states and
subject to the freedoms of navigation and overflight, and the EEZ is subject to both
the sovereign rights of the coastal state and the freedoms of other states, the
continental shelf is subject solely to the sovereign rights of the coastal state.
However, the coastal state's sovereign rights over the continental shelf are not
absolute. According to UNCLOS, the coastal state has an obligation to protect and
preserve the marine environment on the continental shelf, and its rights must be
exercised in a manner that is not prejudicial to the rights of other states or the general
principles of international law. In addition, the Commission on the Limits of the
Continental Shelf, a body established by UNCLOS to consider and make
recommendations on submissions by coastal states, may delimit the outer limits of
the continental shelf beyond 200 nautical miles from the baselines of the coastal
state, taking into account both the geological and geomorphological characteristics
of the continental shelf and the principles of equity and fairness.

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32. What are sovereign rights and jurisdictions of the coastal
states in their continental shelf?
Under the United Nations Convention on the Law of the Sea (UNCLOS), coastal
states enjoy sovereign rights over the continental shelf for the purpose of exploring
and exploiting its natural resources, including oil, gas, and minerals. These sovereign
rights encompass the following:

• The right to explore and exploit the natural resources of the continental shelf,
including living and non-living resources.

• The right to authorize and regulate drilling, mining, and other activities on the
continental shelf.

• The right to construct and maintain installations and structures on the


continental shelf, such as oil rigs and pipelines.

• The right to regulate marine scientific research on the continental shelf.

• The right to establish and enforce safety and environmental regulations for
activities on the continental shelf.

In addition to these sovereign rights, the coastal state also has jurisdiction over the
continental shelf for the purpose of exercising its rights and fulfilling its obligations.
This jurisdiction extends to the protection and preservation of the marine
environment on the continental shelf, the enforcement of safety and environmental
regulations, and the settlement of disputes related to activities on the continental
shelf. However, the coastal state's jurisdiction over the continental shelf is not
exclusive, and other states may exercise their rights and freedoms, such as the right
of innocent passage through the waters above the continental shelf.

33. What are freedoms of other states in the continental shelf


of a coastal states?
Under the United Nations Convention on the Law of the Sea (UNCLOS), other states
enjoy certain freedoms in the continental shelf of a coastal state. These freedoms
include:

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• The freedom of navigation and overflight, which allows ships and aircraft of
all states to pass through and over the continental shelf without the coastal
state's permission, subject to certain conditions.

• The freedom to lay submarine cables and pipelines on and under the
continental shelf, subject to the coastal state's consent and certain conditions.

• The freedom to construct artificial islands, installations, and structures on the


continental shelf, subject to the coastal state's consent and certain conditions.

• The freedom to conduct marine scientific research on the continental shelf,


subject to the coastal state's consent and certain conditions.

These freedoms are subject to certain conditions and limitations, including the
obligation to respect the coastal state's sovereign rights over the natural resources of
the continental shelf, to comply with its environmental and safety regulations, and
to refrain from activities that may interfere with the exercise of the coastal state's
rights and jurisdiction.

34. How is EEZ distinguished from continental shelf?


The exclusive economic zone (EEZ) and continental shelf are both maritime zones
under the law of the sea, but they have different legal regimes and characteristics.
Here are some ways in which they are distinguished from each other:

• Legal basis: The EEZ is based on the concept of coastal state sovereignty,
while the continental shelf is based on the concept of geological and
geomorphological continuity.

• Purpose: The purpose of the EEZ is to allow coastal states to exercise


sovereign rights over the exploration, exploitation, conservation, and
management of natural resources in the waters adjacent to their territorial sea,
while the purpose of the continental shelf is to allow coastal states to exercise
sovereign rights over the natural resources of the seabed and subsoil beyond
their territorial sea.

• Limits: The outer limit of the EEZ is generally 200 nautical miles from the
baselines of the coastal state, while the outer limit of the continental shelf can
extend beyond the EEZ, up to a maximum of 350 nautical miles or 100
nautical miles from the 2,500-meter isobath, whichever is greater.
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• Legal rights: In the EEZ, the coastal state has sovereign rights over the natural
resources, living and non-living, in the water column and on the seabed, as
well as jurisdiction to regulate and manage activities such as fishing, pollution
control, and marine scientific research. In the continental shelf, the coastal
state has sovereign rights over the natural resources of the seabed and subsoil,
including minerals and hydrocarbons, and the exclusive right to explore and
exploit them.

• Legal obligations: In both the EEZ and continental shelf, the coastal state has
a duty to ensure the protection and preservation of the marine environment,
and to take measures to prevent or control pollution, overfishing, and other
activities that may harm the marine ecosystem.
Overall, while the EEZ and continental shelf are both important maritime zones, they
have distinct legal and functional characteristics that reflect their different purposes
and legal regimes.

35. What is the high seas? What is legal status of the high
seas?
The high seas refer to those parts of the ocean that are beyond the limits of any
national jurisdiction. According to the United Nations Convention on the Law of the
Sea (UNCLOS), the high seas are open to all states, and no state can claim
sovereignty over them.

The legal status of the high seas is that they are considered to be a common heritage
of all mankind. This means that all states have the right to use and enjoy the high
seas for peaceful purposes, and that they are responsible for ensuring that their
activities on the high seas do not harm the marine environment or the rights and
freedoms of other states.

While the high seas are open to all states, UNCLOS also provides for certain rights
and obligations of states in relation to the high seas. For example, all states have the
right to freedom of navigation, fishing, and scientific research on the high seas,
subject to certain conditions and limitations. States also have an obligation to
cooperate in the conservation and management of the living resources of the high
seas, and to prevent pollution of the marine environment.

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