Hogere Zeevaartschool

Antwerpen
Onderwijseenheid 2
Exploitatie en scheepstechniek

MARITIME
ADMINISTRATION
M. Uten
cursuscode: OE2-GN320
studiejaar: 3e Bach SW/MN
datum: januari 2012
1

Introduction
6 lessons of 2 hours
Course material
Power points (on Blackboard)
Rule Finder Lloyds (in the librabry)
Relevant IMO codes and conventions
Imo website

Examination: april/march

Contents

General Introduction
Registration of a ship
Load Lines and Tonnage Certificate
SOLAS certificates
Marpol Certificates/liability
STCW
Class Societies and Surveys
3

Introduction
Regulatory Matters
Definition of a ship
UNCLOS
Sale and Purchase
Registration

What does this ship need to be

allowed to sail?

Paper Work

Ships Certificates
Crew certificates
Ships equipment certificates
Manuals
Pland and documents
Publications

Without all these the ship is not allowed

on international voyages!!
6

The International
Certificates
All ships are required to carry certificates that establish
their seaworthiness, type of ship, competency of seafarers
and so on.
These certificates are provided by the flag State of the ship
and may be inspected by port State control officers.
Certificates to be carried on board ships are listed in
FAL.2/Circ.123;
MEPC.1/Circ.769
MSC.1/Circ.1409.

The Certificates and documents required under IMO

instruments
All certificates to be carried on board must be originals !!

subdivision of the
certificates
Certificates on board of ALL SHIPS independent of
the ships type
Certificates in function of the type of ship
A. Certificates and documents issued by a certifying
authority which could confirm that they have been issued
to a ship.
B. Documents and manuals that are necessary for the
operation of the ship. Some of these are issued by
authorities and the authority could confirm their issue.
However, they must be kept on board.
C. Documents recording various aspects of ship operation.
These must be kept on board.

List of documents
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.

All Ships
Add for passenger ships
Add for cargo ships
Add Ships carrying Noxious Liquid Chemical substances in bulk
Add Any chemical tanker
Add Gas carrier
Add High speed craft
Add Dangerous goods
Add Dangerous goods in packed form
Add INF cargo
Add Nuclear ships
Other certificates which are not mandatory

IMO instruments covered

Solas Convention
Tonnage Convention
Load Line Convention
STCW Convention
Marpol Convention
CLC Convention
STP agreement (special trade
passenger ships)
SSTP protocol (protocol on space
requirements for special trade
passenger ships)
BCH
IBC
GC
Codes
IGC
ISPS

Resolution A. 534 (13)

Resolution A. 673 (16)
Resolution A. 536 (13)
Resolution A. 373 (10)
Resolution A. 414 (11)
Resolution A. 468 (12)

List of certificates
IMO list of certificates can be found
on the IMO website
All ships
Special type of Ships

Other example produced by a

classification Society (GL)
Subdivided by the convention that is
applicable
11

12

13

14

Who makes the rules?

On an international Level
UNITED NATIONS with the IMO (International
Maritime Organisation)

On European Level
EMSA (European Maritime Safety Agency)

On National Level
Port State (port state control based on
international/regional agreements)
Flag State
15

International
level

United
nations
IMO
IAC
S

European
level

UNCLOS
Relevant codes
and conventions
Rules and
Regulations

European
comission
EMSA

National
level

Flag state
Port state

National legislation
MO
U

Coastal state

16

17

18

UN - UNCLOS
See maritime zone of jurisdiction

19

UNCLOS-IMO
UNLCOS is an umbrella convention
With provisions of a general kind
implemented through specific operative regulations in other
international agreements

UNCOS requires states to take account of, conform to,

give effect to or implement the relevant international
rules and standards developed by or through the
competent international organization (i.e. IMO).
(GAIRAS)
The latter are variously referred to as applicable
international rules and standards, internationally agreed
rules, standards, and recommended practices and
procedures,
(being SOLAS, Marpol, STCW,)
20

UNCLOS
UNCLOS = Jurisdictional Framework for the
implementation of safety rules and standards
IMO has a global mandate to adopt
international rules in this regard
Referring to the competent organisation = IMO

BUT!!
Enforcement of IMO regulations relies on the
exercise of Flag State Jurisdiction

BUT: evolution to the progressive

strenghtening of the Port state
jurisdiction

Wat Does IMO Do?

IMO adopts international shipping standards and
regulations
BUT: It is the responsibility of Governments to
implement them.
Implementation of IMO standards is crucial to
achieving IMOs objectives.
The flag State of the ship has the ultimate
responsibility for ensuring the ship meets
applicable standards and for issuing
certificates confirming the ship is seaworthy
and the crew properly trained.
Port State control exists to catch the ships that slip
through the flag State net of inspections and
surveys.
22

SOLAS

23

SOLAS

24

IMO devellops
international
regulations/conventions

Flag states incorporate

these rules into national
legislation

In line with
UNCLOS

Flag states effectively

implement these
regulation on board their
ships

Port State carries out

inspections on ships
entering their ports

Carry out
inspections and
surveys on
board their ship
Delegates
certain
inspections/surv
eys to a RO
(Class)

Issue of
certificates
Class or
Statutory

25

26

EMSA
The idea of a European Maritime Safety
Agency (EMSA) originated in the late 1990s,
along with a number of other important
European maritime safety initiatives.
EMSA was set up as the regulatory agency
that would provide a major source of
support to the Commission and the Member
States in the field of maritime safety and
prevention of pollution from ships.
The Agency was established by Regulation
(EC) 1406/2002

27

EMSA mission statement

The European Maritime Safety
Agency was established for the
purpose of ensuring
a high, uniform and effective level of
maritime safety, maritime security as
well as
prevention of and response to pollution
by ships within the EU.

28

EMSA TASKS: 4 areas

1. monitoring the implementation of EU legislation relating to
ship survey and certification
certification of marine equipment (MED)
ship security
the training of seafarers
Port State Control.
2. develops and operates maritime information capabilities at EU
level.
SafeSeaNet vessel tracking system, to enable the EU-wide
tracking of vessels and their cargoes, and incidents onboard;
the EU LRIT Data Centre, to ensure the identification and
tracking of EU flagged ships worldwide; and
THETIS, the information system to support the new port State
control regime.
29

Emsa Tasks: 4 areas

3. a marine pollution preparedness, detection and response
capability, which includes
a European Network of Stand-by Oil Spill Response
Vessels
a European satellite oil spill monitoring and vessel
detection service (CleanSeaNet),
4. provides technical and scientific advice to the Commission
in the field
of maritime safety and prevention of pollution by ships
in the updating and development of new legislation.

30

31

32

National Level
Flag State and Port State Authorities
BMI: Belgian Maritime Inspectorate
Port State Control

33

Merchant Ship
Ship is territory or not?
Ships flying a flag are a part of the
territory of the flag state
The laws of the flag state are valid
when in international waters
In territorial waters?
Unclos United Nations Convention on the
law of the sea (criminal jurisdiction, civil
jurisdiction, innocent passage)
34

Merchant Ship

UNCLOS PART 2: TERRITORIAL SEA AND CONTIGUOUS ZONE

SUBSECTION B. RULES APPLICABLE TO MERCHANT SHIPS AND
GOVERNMENT SHIPS OPERATED FOR COMMERCIAL PURPOSES
Article27 Criminal jurisdiction on board a foreign ship
1. The criminal jurisdiction of the coastal State should not be exercised on
board a foreign ship passing through the territorial sea to arrest any person
or to conduct any investigation in connection with any crime committed on
board the ship during its passage, save only in the following cases:
(a) if the consequences of the crime extend to the coastal State;
(b) if the crime is of a kind to disturb the peace of the country or the good
order of the territorial sea;
(c) if the assistance of the local authorities has been requested by the
master of the ship or by a diplomatic agent or consular officer of the flag
State; or
(d) if such measures are necessary for the suppression of illicit traffic in
narcotic drugs or psychotropic substances.

35

36

37

International Maritime Law:

Zones of jurisdiction
3 important periods
1. Mare Liberum (H. Grotius 17th
century)
2. Qualified freedom of the sea
(Unclos I)
3. Legalized use of the sea (Unclos III
entered into force 1994)
38

Mare Liberum
17th century
The sea cannot be
occupied and no
monarch or state
can have exclusive
legal rights
One believed that
the natural
resources were
inexhaustible
39

UNCLOS I
International Law Comission (ILC) prepared a
text for the codification of the Law of the Sea
In 1956, the UN first Conference on the Law of
the Sea (UNCLOS I) at Geneva, Switzerland.
Resulted in four treaties concluded in 1958:
Convention on the Territorial Sea and Contiguous
Zone, entry into force: 10 September 1964
Convention on the Continental Shelf, entry into
force: 10 June 1964
Convention on the High Seas, entry into force: 30
September 1962
Convention on Fishing and Conservation of Living
Resources of the High Seas, entry into force: 20
March 1966

No decision on important issue of breadth of

territorial waters.
40

UNCLOS II
1960
Fiasco, flop, bummer
Also no agreement on the breadth of
the territorial sea
unilateral actions of the coastal
states

41

UNCLOS III
United Nations Convention on the Law
Of the Seas Montego Bay
Why ?
Technological reasons
New ship types, bigger ships, new fishing
techniques, offshore industry

Political reasons
Decolonisation (more states participate to
the conference) (86-137 parties)

Economical reasons
Importance of the natural resources (oil, gas
fish, mineral wealth)
42

UNCLOS III
1967: Issue of varying claims of territorial
waters (Some countries claimed 3nm, while others claimed a lot more) plus
the issue of the seabed and its resources
1973: Decision to write a new treaty
covering the oceans (New York 3th U.N.
conference on the law of the sea)
1982: UNCLOS III opened for signature
(Montego Bay)
1994: Convention entered into force
43

UNCLOS III
Most comprehensive and important multilateral
agreement so far agreed in the framework of the UN.
Comprises 17 parts, 320 articles and 9 annexes
The convention introduced a number of provisions.
The most significant issues covered were;
o Demarcation of maritime zones of jurisdiction
o Protection and preservation of the marine
environment
o Scientific Research
o Development and transfer of marine technology
o Settlement of disputes

44

Demarcation of maritime
zones

45

UNCLOS
Unclos is ratified by 166 parties
(Belgium signed in 1984 and ratified
the convention on 13/11/1998)
Entry into force 16 nov 1994

47

UNCLOS III
Also contains provisions on the establishment of
three new institutions:
International Sea Bed Authority, Jamaica
Commission on the limits of the Continental shelf, New York
International Tribunal on the Law of the Sea, Hamburg
(ITLOS)
The International Tribunal for the Law of the Sea is an
independent judicial body established by the Convention to
adjudicate disputes arising out of the interpretation and
application of the Convention.
The Tribunal is composed of 21 independent members, elected
from among persons enjoying the highest reputation for
fairness and integrity and of recognized competence in the
field of the law of the sea.

48

49

Arctic Sunrise
Icebreaker, flag netherlands, greenpeace
The Arctic Sunrise was being used by Greenpeace
International to stage a protest directed against the
offshore ice-resistant fixed platform Prirazlomnaya
in the Barents Sea. (gazprom) (within the EEZ)
19/09/2013 - Boarded by coastgaurd officials
Crew and vessel detained in Murmansk
The Netherlands claim that the arrest and detention
of the Arctic Sunrise and its crew took place in
violation of the provisions of the Convention.
ITLOS
50

51

52

53

UNCLOS III
The entry into force of the Convention, together
with extended jurisdiction, new fields of activity
and increased uses of the oceans, will continue
to confront all States with important challenges.

These challenges will include

how to apply the new provisions in
accordance with the letter and spirit of the
Convention
how to harmonize national legislation with it
and
how to fulfill the obligations incumbent upon
States under the Convention.
54

UNCLOS at 30
1982 2012
http://www.un.org/Depts/los/index.ht
m
video

55

Maritime zones of
jurisdiction
National waters
Inland waters
Territorial Sea
Archipelagic waters

International waters (functional

zones)
Contiguous Zone
EEZ
High Sea
56

57

Maritime zones of
jurisdiction
TERRITORIAL
SEA

INTERNAL
WATERS
BASELINE

CONTIGUOUS
ZONE

EEZ

HIGH SEAS

12
NM

24
NM

200
NM

58

59

Internal Waters
Article 8 Internal waters
waters on the landward side of the
baseline of the territorial sea form part of
the internal waters of the State
Part of the territory of the coastal state
Under the jurisdiction of the coastal state
(unlimited sovereignity of the coastal
state) (territorial sovereignity)
60

Baseline
Essential to the delimitation of the maritime zones
of jurisdiction
2 possibilities
Article5 Normal baseline
Except where otherwise provided in this
Convention, the normal baseline for measuring the
breadth of the territorial sea is the low-water line
along the coast as marked on large-scale charts
officially recognized by the coastal State.
Exceptional baseline

Reefs (Art. 6)
Straight baselines (Art. 7)
Mouths of rivers (Art. 9)
Bays (Art. 10)
Archipelagic States (Art. 46-54)
61

Low-water line as depicted on

an
Admiralty
chart
Land above
Land that dries
MHWS

Low water line

(LAT)

62

63

STRAIGHT BASELINES
BASELINE

INDENTED COASTLINE

BASELINE

FRINGING ISLANDS
64

LEGAL BAYS

BA
SE
L

IN
E

NO
BAY

NO
BAY

BAY

SEMI-CIRCLE
TEST
< or = 24NM ACROSS
AREA BAY > AREA SEMICIRCLE

65

HISTORIC BAYS
MEDITERRANEAN SEA
TRIPOLI

32 DEG 30 MIN

GULF OF SIDRA

LIBYA

BENGHAZI

100NM
66

67

68

Maritime zones of
jurisdiction
TERRITORIAL
SEA

INTERNAL
WATERS
BASELINE

CONTIGUOUS
ZONE

EEZ

HIGH SEAS

12
NM

24
NM

200
NM

69

Territorial Sea: history

In ancient history the idea that a state has
jurisdiction over certain parts of the sea was
established to allow state to
Fight piracy
And criminal acts commited at sea
Mare adjacens: the state was the master over the
area of the sea in direct connection with its
territory
Over the centuries this evolved into the concept
of territorial sea

70

Territorial sea: history

Breadth of the Territorial Sea
Bynkershoek: basic idea is that a state can only
enforce jurisdiction over an area it can physically
control
The reach of a canon ball (varying from 1 to 4
miles)
The sighting of a coast from the mast of a ship
This resulted in the three miles rule that sets the
limit at three miles
But this evolved into the the 12 miles that has been
established internationally by UNCLOS (1982)
71

Territorial Sea
Article 2 Legal status of the territorial sea,
of the air space over the territorial sea and
of its bed and subsoil
1. The sovereignty of a coastal State extends,
beyond its land territory and internal waters and
to an adjacent belt of sea, described as the
territorial sea.
2. This sovereignty extends to the air space over
the territorial sea as well as to its bed and subsoil.
3. The sovereignty over the territorial sea is
exercised subject to this Convention and to other
rules of international law.
72

Limits of the Territorial Sea

Article3 (part 2) Breadth of the territorial sea
Every State has the right to establish the breadth
of its territorial sea up to a limit not exceeding
12nautical miles, measured from baselines
determined in accordance with this Convention.
Contains not only the sea in se, but also
the seabed
subsoil
the airspace above it

Delimitation between 2 neighbouring countries

By agreement
Axis of symmetry at equal distance of the respective
baselines
Deviations on historical grounds

73

74

Territorial Sea

75

76

Sovereignity in the
territorial sea
What does this mean?
The rights of the coastal state over the territorial
sea do not differ in nature from its rights of
sovereignity which the state exercises over the
other parts of its territory
Fishery, safety, defense, custom, fiscal, navigation,
civil and criminal jurisdiction, sovereign rights for the
exploitation of the soil and subsoil,

BUT: innocent passage!!

77

Right of innocent passage

Article17 Right of innocent passage

ships of all States enjoy the right of innocent passage
through the territorial sea

Article18 Meaning of passage

1. Passage means navigation through the territorial sea for
the purpose of:
(a) traversing that sea without entering internal waters or calling
at a roadstead or port facility outside internal waters; or
(b) proceeding to or from internal waters or a call at such
roadstead or port facility.

2. Passage shall be continuous and expeditious. However,

passage includes stopping and anchoring, but only in so far
as the same are incidental to ordinary navigation or are
rendered necessary by forcemajeure or distress or for the
purpose of rendering assistance to persons, ships or aircraft
in danger or distress.
78

Innocent passage
Article19 Meaning of innocent passage
Passage is innocent so long as it is not
prejudicial to the peace, good order or security of
the coastal State
Negative examples: military activities, any act of
wilful and serious pollution, any fishing activities,
and the carrying out of research or survey
activities.

79

Duties/Rights of the coastal

state
Article24 Duties of the coastal State
The coastal State shall give appropriate publicity to any
danger to navigation, of which it has knowledge, within its
territorial sea
Article25 Rights of protection of the coastal State
1. The coastal State may take the necessary steps in its
territorial sea to prevent passage which is not innocent.
2. In the case of ships proceeding to internal waters or a call
at a port facility outside internal waters, the coastal State
also has the right to take the necessary steps to prevent any
breach of the conditions to which admission of those ships to
internal waters or such a call is subject.
3. The coastal State may suspend temporarily in specified
areas of its territorial sea the innocent passage of foreign
ships
80

Merchant Ship
Ship is territory or not?
Ships flying a flag are a part of the
territory of the flag state
The laws of the flag state are valid
when in international waters
In territorial waters?
Unclos United Nations Convention on the
law of the sea (criminal jurisdiction, civil
jurisdiction, innocent passage)
81

Merchant Ship

UNCLOS PART 2: TERRITORIAL SEA AND CONTIGUOUS ZONE

SUBSECTION B. RULES APPLICABLE TO MERCHANT SHIPS AND
GOVERNMENT SHIPS OPERATED FOR COMMERCIAL PURPOSES
Article27 Criminal jurisdiction on board a foreign ship
1. The criminal jurisdiction of the coastal State should not be exercised on
board a foreign ship passing through the territorial sea to arrest any person
or to conduct any investigation in connection with any crime committed on
board the ship during its passage, save only in the following cases:
(a) if the consequences of the crime extend to the coastal State;
(b) if the crime is of a kind to disturb the peace of the country or the good
order of the territorial sea;
(c) if the assistance of the local authorities has been requested by the
master of the ship or by a diplomatic agent or consular officer of the flag
State; or
(d) if such measures are necessary for the suppression of illicit traffic in
narcotic drugs or psychotropic substances.

82

83

Maritime zones of
jurisdiction
TERRITORIAL
SEA

INTERNAL
WATERS
BASELINE

CONTIGUOUS
ZONE

EEZ

HIGH SEAS

12
NM

24
NM

200
NM

84

Contiguous Zone
Article33 Contiguous zone
1. In a zone contiguous to its territorial sea,
described as the contiguous zone, the coastal
State may exercise the control necessary to:
(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.
2. The contiguous zone may not extend beyond
24nautical miles from the baselines from which
the breadth of the territorial sea is measured.
85

Contiguous Zone
The contiguous zone extends an additional
12 nautical miles beyond the 12 nautical
mile territorial sea (totalling 24 miles from
shore).

86

Straits used for International navigation:

Longstanding International Conventions
Strait of Gibraltar (Morocco/Spain)
Oresund (Denmark/Sweden)
Bosporus (Turkey)
Right of transit passage (to pass from one part of
the high seas or EEZ to another)
Freedom of navigation and over flight solely for
the purpose of continuous and expeditious
transit of the strait
Research or survey activities only with the prior
authorization of the states bordering straits
Right of innocent passage (in other straits)
87

Archipelic States

Philippines
Indonesia
Mauritius
Fiji
Bahamas

88

Maritime zones of
jurisdiction
TERRITORIAL
SEA

INTERNAL
WATERS
BASELINE

CONTIGUOUS
ZONE

EEZ

HIGH SEAS

12
NM

24
NM

200
NM

89

Exclusive Economic Zone

Article 55 Specific legal regime of the
exclusive economic zone
The exclusive economic zone is an area beyond and
adjacent to the territorial sea, subject to the specific
legal regime established in this Part, under which the
rights and jurisdiction of the coastal State and the
rights and freedoms of other States are governed by
the relevant provisions of this Convention
Article 57 Breadth of the exclusive economic
zone
The exclusive economic zone shall not extend
beyond 200nautical miles from the baselines from
which the breadth of the territorial sea is measured
90

91

Exclusive Economic Zone

Article 56 Rights, jurisdiction and duties of the coastal State in the
exclusive economic zone
1. In the exclusive economic zone, the coastal State has:
(a) sovereign rights for the purpose of exploring and exploiting,
conserving and managing the natural resources of the waters
superjacent to the seabed AND of the seabed and its subsoil, and with
regard to other activities for the economic exploitation and exploration of
the zone, such as the production of energy from the water, currents and
winds;
(b) jurisdiction as provided for in the relevant provisions of this
Convention with regard to:
(i) the establishment and use of artificial islands, installations and
structures;
(ii) marine scientific research;
(iii) the protection and preservation of the marine environment;
Freedom of navigation is the same as on the high seas!
92

Exclusive Economic Zone

About 90 per cent of living marine
resources are caught with 200 miles off
the coast.
The EEZ is optional and its existence
depends upon an actual claim.
More than 100 coastal States (out of
~140) claimed an exclusive economic
zone.

93

94

EEZ
Article73 Enforcement of laws and regulations of the
coastal State
1. The coastal State may, in the exercise of its sovereign rights
to explore, exploit, conserve and manage the living resources in
the exclusive economic zone, take such measures, including
boarding, inspection, arrest and judicial proceedings, as may be
necessary to ensure compliance with the laws and regulations
adopted by it in conformity with this Convention.
2. Arrested vessels and their crews shall be promptly released
upon the posting of reasonable bond or other security.
3. Coastal State penalties for violations of fisheries laws and
regulations in the exclusive economic zone may not include
imprisonment, in the absence of agreements to the contrary by
the States concerned, or any other form of corporal
punishment.
95

Maritime zones of
jurisdiction
TERRITORIAL
SEA

INTERNAL
WATERS
BASELINE

CONTIGUOUS
ZONE

EEZ

HIGH SEAS

12
NM

24
NM

200
NM

96

Continental Shelf
The continental shelf is a part of the
continental margin
Continental shelf
Continental slope Continental
Continental rise margin

Zone wich links the geographical

caracteristics and maritime law issues
Geological term
97

Sketch of geological principles

Continental margin

Sediments

l
ta
en
n e
ti lop
on s
C

Continental Shelf

Mid - oceanic

Foot of slope

ridge

Continental
Deep ocean floor
rise
6-15 Km

30 - 50 Km

Oceanic crust

Krystallinsk kontinental skorpe

Crystalline continental crust

Earth's mantle

MHe

13.12.99

Melted
mantle

98RL9909003/6

unclos
But in unclos the term continental shelf
is used as a juridical term
Juridical continental shelf
Article77 Rights of the coastal State
over the continental shelf
The coastal State exercises over the
continental shelf sovereign rights for
the purpose of exploring it and
exploiting its natural resources
99

Definition of Continental
Shelf
Article76 Definition of the continental shelf
1. The continental shelf of a coastal State comprises the
seabed and subsoil of the submarine areas that extend
beyond its territorial sea throughout the natural
prolongation of its land territory to the outer edge of the
continental margin, or to a distance of 200nautical miles
from the baselines from which the breadth of the
territorial sea is measured where the outer edge of the
continental margin does not extend up to that distance.
Continental margin < 200nm: to 200nm
Continental margin > 200nm: To the outer edge of the
continental margin
The seas above the continental shelf remain High seas or EEZ!!

100

Continental margin <

200nm
Exclusive Economic
Zone
Coastal State
Sea Surface
Shelf

Land mass

Sl
op
e

Foot of slope
Rise

Deep ocean floor

Continental margin
200 nm

101

Continental margin >

200nm
In the absence of evidence to the contrary, the
foot of the continental slope shall be determined as
the point of maximum change in gradient at its
base.
(i) a line delineated by reference to the outermost
fixed points at each of which the thickness of
sedimentary rocks is at least 1percent of the
shortest distance from such point to the foot of the
continental slope; or
(ii) a line delineated by reference to fixed points
not more than 60nautical miles from the foot of
the continental slope.
102

Baseline
2500 m
isobath

Maximum 2

Maximum 1

Maximum limits of the

continental shelf
100M
Foot of
slope

Sediments

60M

1 % of distance
to foot of slope

Crystalline continental crust

100

200

Oceanic crust

300

350

400

Nautical mile( M )

103

Continental margin >

200nm
Unclos Sets the maximum extent of
the continental shelf to be either:
350 nautical miles from the
baselines or:
100 nautical miles from the 2,500
meters depth contour

104

105

106

107

108

High Sea - Definition

Article86 = Negative definition
all parts of the sea that are not
included in the exclusive economic
zone, in the territorial sea or in the
internal waters of a State, or in the
archipelagic waters of an
archipelagic State

109

Freedom of High Seas

Article87 Freedom of the high seas
1. The high seas are open to all States. This
comprises, interalia, both for coastal and land-locked
States:

(a) freedom of navigation;

(b) freedom of overflight;
(c) freedom to lay submarine cables and pipelines, subject to
(d) freedom to construct artificial islands and other
installations permitted under international law
(e) freedom of fishing
(f) freedom of scientific research

110

High Seas
The high seas shall be reserved for
peaceful purposes.
No State may validly purport to
subject any part of the high seas to
its sovereignty.
Every State, whether coastal or landlocked, has the right to sail ships
flying its flag on the high seas.
111

Conclusion
A coastal nation has

control

total

over its internal waters,

slightly less control over territorial
waters, ostensibly even less control over
waters within the contiguous zone, and
supposedly no control whatsoever over an
ocean beyond them (although it also
has some rights concerning resources
within its exclusive economic zone)
112

The Area (sea-bed)

Unclaimed sea-bed;
Developed for the benefit of mankind;
Administered by the International Seabed
Authority who organises and controls all
activities in the area
www.isa.org.jm

113

The Area (sea-bed)

Article136 of UNCLOS : Common heritage of
mankind
The Area and its resources are the common heritage of
mankind
Article137 of UNLCOS Legal status of the Area and
its resources
1. No State shall claim or exercise sovereignty or
sovereign rights over any part of the Area or its
resources, nor shall any State or natural or juridical
person appropriate any part thereof
2. All rights in the resources of the Area are vested in
mankind as a whole, on whose behalf the Authority
shall act
114

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