What is law of sea

• The Law of Sea is a collection of international treaties and agreements that regulates all marine and maritime
activities. It encourages a peaceful relationship between the sea and the coastal states. As one of the main
topics of international law, it conducts all maritime economic activities, maintains navigation rules and protects
the sea from ruling powers. It regulates the geographical activities of various coastal states and plays a role in
conserving the aquatic environment. The Law of the Sea is associated with the convention on the Law of Sea,
which is an UN-based international treaty. It was signed in 1982 by 117 states, and was adopted in 1994.
• What is the Genesis of the Law?
• Hugo Grotius, known as the father of international law, played a significant role in formulating maritime law
concepts. During the 17th century, there was a doctrine called “freedom of the seas.” According to this law, the
sea is accessible to all the states, but the sea/ocean does not belong to any conditions. The law of the sea is
constantly changing.

• Earlier, there was a conflict between “the free sea” and “the open sea.” Due to the advancement in technology,
during the 20th century, many states made jurisdictional claims to use, conserve and protect the sea. In 1982,
the United Nations adopted the law, consisting of 320 articles, nine annexes, and four resolutions.

• It expanded the scope of the matters regarding the sea

• It extended the territorial sea to 12 nautical miles
• It provides jurisdictional settlement of the states when in need
• It explains the formation of the international tribunal for the law of the sea to carry out its disputes
 Different Maritime Zones under this Law
The Law of Sea in international law is the only international convention that stipulates a
framework of states in the maritime zones. According to the sea law, marine areas are divided
into five zones.
• The zones are internal waters, contiguous zone, territorial sea, and the exclusive
economic zone.
• Baseline : It is the lowest waterline, mostly recognised by the coastal states. It is the line
alongside the coastal region along with the seaward limits.
• Internal Waters : Internal waters are the ones present on the landward side of the baseline.
It is from here one can measure the territorial sea’s breadth. Every coastal area has complete
authority over the internal waters, just like the land territories. For example, ports, bays,
rivers, inlets, and lakes are interconnected with any sea. A coastal state has all the rights to
prevent the Privately Contracted Armed Security Personnel entry to the port if they carry any
sort of weapons forbidden in the national legislation.
• Territorial Sea : It is the area that extends to the seaward near about twelve nautical miles
from the baselines. The coastal regions have jurisdiction and authority on territorial seas. This
sovereignty is not just through the sea’s surface but to any subsoil, seabed, and airspace.
The rights of the coastal states are restricted to any form of innocent passage from the
territorial region of the sea.
 Different Maritime Zones under this Law
Contiguous Zone : This area extends nearly 24 nautical miles from the baseline of the sea. It can be
called an intermediate zone located between high seas and territorial. The coastal states have all the
rights to prevent and punish immigration, infringement, and sanitary and custom laws bordering the region
and the territorial sea. It gives sovereignty to a region only on the sea surface & floor. This zone does not
have air rights or space rights.
Exclusive Economic Zone (EEZ) :
• It extends 200 nautical miles to the sea from the baseline. With EEZ, any coastal region has the right to
explore, conserve and manage natural sources in the seabed and subsoil, no matter if the resources
are living or nonliving. They have exclusive rights to bear every activity like energy production from the
sea, water current, and winds. EEZ exclusively allows the rights mentioned above. This zone does not
provide the coastal state with the liberty to prohibit navigation (only under various exceptional cases).
• High Seas : These are the ocean’s surface and water column that does not come under the exclusive
economic zone, territorial sea, or the internal water. It is called the “Common Heritage Of All Mankind”
and is beyond the nation’s jurisdiction. Coastal countries can conduct various activities in the High Seas
only if they are peaceful activities like undersea exploration or marine studies.
 Air and Space Law:
• Air and space law are two distinct areas of law that regulate activities in airspace and outer
space, respectively. The development of air and space law has a long history that spans over
a century, and its significance has increased significantly in recent years, with the emergence
of new technologies and the globalization of the world economy. This article aims to provide a
brief overview of the history and international context of air and space law, with a specific
focus on the Indian context.
• History of Air and Space Law
• The first international agreement on air law was the Paris Convention of 1919, which laid
down basic principles for the regulation of civil aviation. The convention established the
International Commission for Air Navigation (ICAN), which later became the International Civil
Aviation Organization (ICAO) in 1947. The ICAO has since played a critical role in the
development of international air law and has drafted several international conventions and
protocols that govern various aspects of civil aviation.
• The first legal instrument for outer space activities was the Outer Space Treaty of 1967, which
established fundamental principles for the exploration and use of outer space. The treaty was
followed by several other international agreements that govern various aspects of space
activities, including the rescue and return of astronauts, liability for damage caused by space
objects, and the registration of space objects.
 International Context of Air and Space Law
• Air and space law is a highly specialized area of law that is governed by a complex web of
international treaties, conventions, and regulations. These legal instruments cover a wide range of
issues, including air traffic control, aviation safety, airport security, space exploration, and the use
of space resources.
• The ICAO is the primary international organization responsible for the regulation of civil aviation. It
has drafted several international conventions and protocols that set out rules and standards for
various aspects of civil aviation, including airworthiness, airspace management, and the safety of
air navigation. The ICAO also works closely with national governments and regional organisations
to promote the safe and efficient operation of civil aviation worldwide.
• In the case of outer space, the United Nations Office for Outer Space Affairs (UNOOSA) plays a
crucial role in promoting international cooperation and coordination in space activities. UNOOSA
also provides technical assistance to member states in developing national space policies and
legal frameworks. The Committee on the Peaceful Uses of Outer Space (COPUOS) is the primary
UN body responsible for the development of international space law.
 Indian Context of Air and Space Law
• In India, the Directorate General of Civil Aviation (DGCA) is responsible for regulating civil aviation
activities. The DGCA has adopted several international conventions and protocols that set out rules and
standards for various aspects of civil aviation, including airworthiness, airspace management, and the
safety of air navigation.
• India has also taken significant steps towards the development of its national space policy and legal
framework. In 2017, India enacted the Indian National Space Promotion and Authorization Center (IN-
SPACe) Bill, which establishes a regulatory framework for the authorization and supervision of space
activities in India. The IN-SPACe is responsible for granting licenses, monitoring space activities, and
promoting the commercialization of space activities in India.
• Hijack policy
The government of India, after the approval of its Cabinet Committee on Security (CCS), adopted the Anti-
Hijack Policy in 2005 to deal with the serious problem of hijack of Indian and foreign aircrafts. The policy,
inter alia, signifies that no foreign aircraft which has been hijacked is to be allowed to land in India. Further,
if an Indian aircraft has been hijacked, it will be forced to land in India and after the landing, every effort will
be made to prevent it from taking off again. If any suspicious activity is felt to have been done by the
aircraft, the ATS (Anti-terrorism squad) Watch Supervisory Officer is required to bring it to the notice of the
Joint Control and Analysis Centre (JCAC) of the country which is manned by the officials of IAF.
 Hijack policy
• Moreover, the aircraft will be branded as ‘rogue’ if it does not cooperate in the communication with the
ground controller and as ‘threat’ if it aligns itself to a deliberate target like the Parliament or the
Rashtrapati Bhavan. After an aircraft is declared as a ‘threat’, the CCS is allowed to shoot down the
aircraft. The CCS, in such cases, is considered to be the apex body of handling and taking decisions.
However, if there is a situation of emergency, the Prime Minister, Minister of Defence or even an IAF
official (above or of the rank of Assistant Chief of Air Staff) are empowered to take this decision.

• The terrorist attack of 9-11 not only brought to light fundamental glitches in security systems and
procedures but also shed light on the new modus operandi of terrorist organisations of using aircrafts as
guided missiles. The policymakers all over the world were shaken at the apparent ease at which terrorist
aircrafts were brought down to the building of the World Trade Organisation (WTO) and thereafter
attacked. It also led them to abandon their popular belief that skies were a safe place. The apprehension
of states, including India led to the formation of such stringent policies in every country to tackle future
attacks. Although the Hijack policy, in its strict literal sense, is dissonant with the Chicago Convention
and the Indian Constitution, it cannot be denied that such rules are also the need of the time.
 Development of space law
• Space law is a relatively new field of law that has been developed over the past six decades. The
history of space law can be traced back to the Cold War era when the United States and the Soviet
Union were engaged in a space race to explore the outer space. In this article, we will explore the
history and development of space law from its inception to the present day.
• The Beginnings of Space Law
• The first treaty to address the issue of outer space was the 1967 Outer Space Treaty, which was signed
by the United States, the Soviet Union, and the United Kingdom. This treaty established the principles
of space law, including the peaceful uses of outer space, the freedom of exploration, and the prohibition
of nuclear weapons in space. It also established the concept of state responsibility for the actions of
their citizens in space.
• Over the next few years, several other treaties were signed to further develop the legal framework for
outer space. In 1972, the Convention on International Liability for Damage Caused by Space Objects
was signed, which established the liability regime for damage caused by space objects. This was
followed by the 1975 Convention on Registration of Objects Launched into Outer Space, which required
states to register all objects launched into space.
 The Rise of Commercial Space Activities
• In the 1980s, the focus of space law shifted from government space activities to commercial
space activities. The United States enacted the Commercial Space Launch Act in 1984,
which provided for the licensing and regulation of commercial space activities. This was
followed by the creation of the Federal Aviation Administration's Office of Commercial Space
Transportation in 1989.
• In 1992, the United Nations General Assembly established the United Nations Committee on
the Peaceful Uses of Outer Space (COPUOS), which serves as the main forum for the
discussion of space law issues. COPUOS has since played a critical role in the development
of space law.
• Space Law in the 21st Century : In the 21st century, space law has continued to evolve to
address new challenges and opportunities in outer space. One of the major issues facing
space law today is the regulation of space debris and space traffic management. As more
objects are launched into space, the risk of collisions and the generation of debris increases.
The United Nations has established guidelines for the mitigation of space debris, and several
private companies and government agencies are working on solutions for space traffic
management.
 Facts about space law

• The first space law case was in 1972, when a U.S. satellite was damaged by a Soviet
satellite. The two countries settled the case amicably, which helped establish the principles
of liability in space law.
• The United States enacted the Commercial Space Act in 1998, which further expanded
the regulation of commercial space activities and established the Office of Space
Commercialization to promote the commercialization of space.
• The 2002 Agreement on the Rescue of Astronauts, the Return of Astronauts and the
Return of Objects Launched into Outer Space provides for the rescue and return of
astronauts and objects in distress in outer space.
• In 2015, the United States enacted the Space Resource Exploration and Utilization Act,
which provides for the commercial exploitation of space resources, including mining of
asteroids and other celestial bodies.
• The United Nations Outer Space Treaty has been ratified by 110 countries, making it one
of the most widely accepted treaties in history.
• Several private companies, including SpaceX and Blue Origin, are actively working on
space tourism and have plans to send tourists into space in the near future.
 Conclusion
• Space law has come a long way since its inception in the 1960s. The legal framework for
outer space has been established through a series of treaties and agreements, and the
focus of space law has shifted from government space activities to commercial space
activities. As we continue to explore and utilize the space environment, space law will
continue to play an important role in regulating these activities and ensuring the peaceful
and sustainable use of outer space.
 Treaties governing the Space Law
• The United Nations has played a major role in development of Space Law. There are five
international treaties and agreements that govern activities in space. However it has to be
noted that these treaties are only legally binding for those member states that have signed
and ratified them.
• Regarding peaceful Exploration: Outer Space Treaty of 1967
• The Outer Space Treaty of 1967 defined nation’s rights to the Moon and other celestial
bodies, before anyone travelled beyond Low Earth Orbit (LEO)[1]. It was adopted by the
General Assembly in its 2222th resolution during its XXI session on 27th January 1967, and
was entered into force on 10th October 1967. The Moon Treaty as it was thereon referred
as, was the first treaty that was ratified in the ambit of Space Law.
• The basic objective of the Moon Treaty was to provide a basic guideline for exploration, the
wording of the treaty is such, and the exploration and use of outer space shall be carried out
in interest and benefit of all countries and shall be the province of all mankind. The focus
therefore was on peaceful agreement and cooperation between the countries in order for
peaceful exploration.
 The convention on international liability for
damage caused by space objects,1971
• The Convention on International Liability for Damage Caused by Space Objects was taken
into consideration and negotiated by the legal subcommittee from the year 1963 to 1972.
The Convention was then entered into force in September 1972, it elaborates upon Article 7
of the Outer Space Treaty. It provides that the Launching State shall be liable to pay for
Compensation for damage caused by its space objects on the surface of the Earth or in the
Outer Space. The Convention provides for protocol for the settlement of claims for damages.
• The Registration Convention: The Convention on Registration of Objects Launched
into Outer Space,1974
• Another convention that was accepted was the Convention on Registration of Objects
Launched into Outer Space; it was adopted by the General Assembly in 1975 and came into
force on 15th September 1976. After the establishment of Outer Space Treaty, The Rescue
Agreement and The Liability Convention there was a desire expressed by the states to assist
in the identification of space objects, the Registration Convention was enacted; it gave scope
for expansion in issues relating to State Parties Responsibilities concerning their space
objects. The Secretary- General was requested to maintain the register and ensure full and
open access of the information.
The Moon Treaty: The Agreement Governing the Activities of
States on the Moon and Other Celestial Bodies
• The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies is
also known as the ‘Moon Agreement’. It was adopted by the General Assembly in the year
1979. However it was not ratified by Austria until 1984, therefore, it came into force in the
year 1984. The agreement elaborates upon the provisions of the Outer Space Treaty also it
asserts on the fact that the Moon and its natural resources are the common heritage of the
mankind and that an international procedure should be established to curb its exploitation.
Thank you