Law of the sea

GENESIS OF LAW OF THE SEA

◈ Grotius also known as the father of the modern International law, led to the formulation maritime law which is one
of the recently developed branches of International Law. During the 17th century, the regulation of sea usage was
dependent upon the doctrine of “freedom-of-the-seas-doctrine, according to it the seas “were free to all nations but
belonged to none of them.”
◈ Over a series of discussions and conferences, four convention on the law of seas evolved in 1958, namely called
Geneva convention on the law of sea developed.
◈ In 1982, the third UN conference adopted the Convention on the Law of the Sea (UNCLOS) consisting of 320
articles and 9 Annexes, along with 4 resolution. Its significant feature are:
◈ It expanded the scope regarding the matters of the new legal regime of deep seabed and economic zones.
·   The territorial sea now extended up to 12 nautical miles limit.
·   In cases of dispute, the convention provides compulsory judicial settlement at the request of one of the parties.
·   The convention also describes the formation of an International tribunal of the law of the sea for helping in
settlements of disputes.
·   The convention also deals with the regime of archipelagic states, the waters between the islands are declared
archipelagic waters, where ships of all States enjoy the right of innocent passage.
 MAJOR MARITIME ZONES ALONG WITH
THE RIGHT AND DUTIES PROVIDED UNDER
SPECIFIC ZONES

1. Territorial sea
2. Contiguous Zone
3. Exclusive Economic
Zone
4. Continental Shelf
5. High Seas and Deep
oceans
 TERRITORIAL SEA
◈ It is that part of the sea which is directly next to the coastline and bounded by the high seas. Article 2 of the Geneva
Convention on the Territorial Sea and UNCLOS Article 3 both express that states exercise sovereignty over this zone
subject to the provisions of the respective conventions and other rules of international law.
◈ According to UNCLOS, it is believed that every coastal state has a Territorial sea. The sovereignty of the coastal state
extends to the seabed and subsoil of the territorial sea and the airspace above it.
◈ Width of the territorial sea:
Article 3 of the 1982 Convention, however, notes that all states have the right to establish the breadth of the territorial sea
up to a limit not exceeding 12 nautical miles from the baselines.
It was the Anglo Norwegian Fisheries case which propounded the principle regarding determination of the baseline w.r.t
geographical realities. In this case the method applied by the Norwegians affected the fishing interest of UK because the
straight baseline method applied then created a chance to cover those parts of the sea which belonged to High sea zone.
◈ The Right of Innocent Passage :
The right of foreign merchant ships (as distinct from warships) to pass unhindered through the territorial sea of a coast
has long been an accepted principle in customary international law, the sovereignty of the coast state notwithstanding.
UNCLOS  in its Article 19 provides for an exhaustive list of activities for which the passage is considered as innocent, the
main factor to keep in mind is peace, good order, or security of the coastal State.
 CONTIGUOUS SEA
◈ It is that part of the sea which is located beyond and adjacent to the territorial waters of the
coastal states.
◈ The development of this zone arose due to the need of the state to strengthen their regulation
over the territorial sea.
◈ It extends up to 12 nautical miles from the territorial sea, the object of this zone is only for
certain purposes as provided in the article 24 of the convention like to prevent infringement
of customs, immigration or sanitary laws of the coastal state, or to conserve fishing stocks in
a particular area, or to enable the coastal state to have exclusive or principal rights to the
resources of the proclaimed zone.
◈ The formation of this zone is only for special purposes as prescribed in the convention, it
does not provide any air and space rights to the states.
 EXCLUSIVE ECONOMIC ZONE
◈ The object for this zone arose due to controversy regarding fishing
zones. Due to a lack of regulation of limit regarding fishing zone,
states began to claim wide depth of region under this zone.
◈ In the case of Tunisia vs Libya, the court regarded that the concept
of EEZ can be associated as a part of Customary International Law.
◈ Article 55 of the UNCLOS describes the extension of this region
from the baseline is up to 200 nautical miles from the breadth of the
territorial sea.
◈ In case of Coastal states as per article 56 of the convention these
states have sovereign rights over the EEZ for the purpose like:
i. Exploiting and exploring, conserving and managing natural
resources
ii. For the establishment of artificial island, Marine Scientific research
iii. Other rights as specified in part IV of the convention.
 CONTINENTAL SHELF
◈ This zone arose due to the concept of Geography wherein as per 1982 convention, it includes a natural seaward
extension of a land boundary.
◈ This seaward extension is geologically formed as the seabed slopes away from the coast, typically consisting of a
gradual slope (the continental shelf proper), followed by a steep slope (the continental slope), and then a more
gradual slope leading to the deep seabed floor.
◈ The limit up to which its length extends up to 200 nautical miles. These three areas, collectively known as the
continental margin, are rich in natural resources, including oil, natural gas and certain mineral.
◈ Delimitation of the continental shelf:
i. The measurement of the range of this zone has led to several controversies and a long line of legal custom that
has led to the need of the evolution of this concept.
ii. In the case of Nicaragua vs Honduras, the international court has dictated on the importance of the
establishment of a maritime boundary.
iii. The concept of median line has been used to determine the delimitation of the territorial sea within the
opposite and the adjacent coast.
INDIA’S POSITION ON
THE CONTINENTAL
SHELF
The Maritime Zone Act defines India’s position that
India has declared a continental shelf 200 nautical
miles from land. Indian rights and obligations under
this command are similar to those in other countries,
as stipulated in international conventions. But, the
government can declare the continental shelf and its
magical waters for a certain area and take action to
regulate it. 
 HIGH SEAS AND DEEP OCEAN

◈ This includes that region of the sea which exists beyond the EEZ and does
not form part of the territorial sea.
◈ The essence of this region is that no state acquires any sovereign right over
this zone.
◈ As per the Article 87 of the 1982 Convention, high seas are open to all
states and that the freedom of the high seas is exercised under the
conditions laid down in the Convention and by other rules of international
law.
◈ The jurisdictional right in case of high seas depends upon the nationality
of the ship, and the consequent jurisdiction of the flag state over the ship.
It is for the flag state to determine rules and regulations therefore a ship
without a flag will be excluded from the privilege under this zone.
◈ This was also highlighted by the Permanent Court of International Justice
in the Lotus case, where it was held that ‘vessels on the high seas are
subject to no authority except that of the state whose flag they fly.’
 CONCLUSION
The 1982 United Nations Convention on the Law of the Sea (UNCLOS) creates a
comprehensive command to govern the rights of nations in respect of the world’s oceans.
International Maritime Organization (IMO) is a specialized agency of the United Nations
responsible for improving maritime safety and preventing pollution from ships.
Life itself arose from the oceans. Even now, when the continents have been mapped and
their interiors made accessible by road, river and air, most of the people in the world live
no more than 200 miles from the sea and relate closely to it.
THANKYOU
MADE BY
• BHAVYA PANDEY
• CHAAITANYA
JAIN
• ANANYA MITTAL