Law of th sea ali


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Law of th sea ali

  1. 1. Law of the seaHigh seas, Territorial sea and Contiguous zone, Continental shelf Submitted by Aleena. P.A IV Sem IF Roll no:2
  2. 2. Law of the sea-definition•The term law of the sea appears similar tothe term maritime law, but it has asignificantly different meaning.• Law of the sea refers to matters of publicinternational law.•The law of the sea is a body of customs, treaties,and international agreements by which governmentsmaintain order, productivity, and peaceful relationson the sea
  3. 3. Law of seaIt is based on 4 geneva conventions .The law is adopted in 1958.these are: 1)Territorial seas and contiguous zones 2)Continental shelf 3)High seas 4)Exclusive economic zone
  4. 4. Territorial sea• Territorial waters, in international law, that area of the sea immediately adjacent to the shores of a state and subject to the territorial jurisdiction of that state.• Territorial waters are thus to be distinguished on the one hand from the high seas, which are common to all countries, and on the other from internal or inland waters, such as lakes wholly surrounded by the national territory or certain bays or estuaries.• Historically, the concept of territorial waters originated in the controversy over the status of the sea in the formative period of modern international law in the 17th century.
  5. 5. Territorial sea (contd)• Although the doctrine that the sea by its nature must be free to all was eventually upheld, most commentators did recognize that, as a practical matter, a coastal state needed to exercise some jurisdiction in the waters adjacent to its shores.• Two different concepts developed—that the area of jurisdiction should be limited to cannon-shot range, and that the area should be a much greater belt of uniform width adjacent to the coast—and in the late 18th century these concepts coalesced in a compromise view that proposed a fixed limit of 3 nautical miles (1 marine league, or 3.45 statute miles [5.5 km]).
  6. 6. • In 1793 the United States adopted three miles for neutrality purposes.• But although many other maritime states during the 19th century came to recognize the same limit, it never won such universal acceptance as to become an undisputed rule of international law.• Territorial waters, or a territorial sea, as defined by the 1982 United Nations Convention on the Law of the Sea is a belt of coastal waters extending at most 12 nautical miles (22 km; 14 mi) from the baseline (usually the mean low- water mark) of a coastal state.• The territorial sea is regarded as the sovereign territory of the state, although foreign ships (both military and civilian) are allowed innocent passage through it; this sovereignty also extends to the airspace over and seabed below.
  7. 7. •The term "territorial waters" is also sometimes used informallyto describe any area of water over which a state has jurisdiction,including internal waters, the contiguous zone, the exclusiveeconomic zone and potentially the continental shelf. BASELINE• Normally, the baseline from which the territorial sea ismeasured is the low-water line along the coast as marked onlarge-scale charts officially recognized by the coastal state.• This is either the low-water mark closest to the shore, oralternatively it may be an unlimited distance from permanentlyexposed land, provided that some portion of elevations exposedat low tide but covered at high tide (like mud flats) is within12 nautical miles (22 km; 14 mi) of permanently exposed land.
  8. 8. •Waters landward of the baseline are defined as internalwaters, over which the state has complete jurisdiction: noteven innocent passage is allowed.INNOCENT PASSAGE•In the course of this historical development, it became settledthat the belt of territorial waters, together with the seabedand subsoil beneath it and the airspace above, is under thesovereignty of the coastal state.• This sovereignty is qualified only by a right of innocentpassage—that is, peaceful transit not prejudicial to the goodorder or security of the coastal state—for merchant vessels ofother nations.
  9. 9. •The right of innocent passage does not apply to submergedsubmarines or to aircraft, nor does it include a right to fish.• Passage is innocent so long as it is not prejudicial to thepeace, good order or security of the coastal State.• Such passage shall take place in conformity with thisConvention and with other rules of international law.Passage of a foreign ship shall be considered to beprejudicial to the peace, good order or security of thecoastal State if in the territorial sea it engages in any of thefollowing activities:
  10. 10. (a) 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;(b) any exercise or practice with weapons of any kind;(c) any act aimed at collecting information to the prejudice of the defence or security of the coastal State;(d) the launching, landing or taking on board of any aircraft(e) the launching, landing or taking on board of any military Device;(f) any fishing activities;(g) the carrying out of research or survey activities; any act aimed at interfering with any systems ofcommunication or any other facilities or installations of thecoastal State;
  11. 11. (h) any other activity not having a direct bearing on passage(i) 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;
  12. 12. CONTIGUOUS ZONE• The contiguous zone is a band of water extending from the outer edge of the territorial sea to up to 24 nautical miles (44 km; 28 mi) from the baseline, within which a state can exert limited control for the purpose of preventing or punishing "infringement of its customs, immigration or sanitary laws and regulations within its territory or territorial sea”.• This will typically be 12 nautical miles (22 km; 14 mi) wide, but could be more (if a state has chosen to claim a territorial sea of less than 12 nautical miles), or less, if it would otherwise overlap another states contiguous zone.
  13. 13. 1. In a zone contiguous to its territorial sea, described as thecontiguous zone, the coastal State may exercise the controlnecessary to: (a) prevent infringement of its customs, 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 24 nauticalmiles from the baselines from which the breadth of theterritorial sea is measured.
  14. 14. CONTINENTAL SHELF• 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 200 nautical 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
  15. 15. •The continental shelf of a coastal nation extends out to the outeredge of the continental margin but at least 200 nautical miles(370 km; 230 mi) from the baselines of the territorial sea if thecontinental margin does not stretch that far.•The outer limit of a countrys continental shelf shall not stretchbeyond 350 nautical miles (650 km; 400 mi) of the baseline, orbeyond 100 nautical miles (190 km; 120 mi) from the2,500 metres (8,200 ft) isobath, which is a line connecting thedepths of the seabed at 2,500 meters.•The outer edge of the continental margin for the purposes isdefined as:
  16. 16. • a series of lines joining points not more than60 nautical miles (110 km; 69 mi) apart where the thicknessof sedimentary rocks is at least 1% of the height of thecontinental shelf above the foot of the continental slope; or• a series of lines joining point not more than 60 nauticalmiles apart that is not more than 60 nautical miles from thefoot of the continental margin.The foot of the continental slope is determined as the pointof maximum change in the gradient at its base.
  17. 17. Rights of the coastal State over the continental shelf1. The coastal State exercises over the continental shelf sovereign rights for the purpose of exploring it and exploiting its natural resources.2. The rights are exclusive in the sense that if the coastal State does not explore the continental shelf or exploit its natural resources, no one may undertake these activities without the express consent of the coastal State.3. The rights of the coastal State over the continental shelf do not depend on occupation, effective or notional, or on any express proclamation.
  18. 18. 4. The natural resources consist of the mineral and other non-living resources of the seabed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the Subsoil.
  21. 21. The high seas being open to all nations, no State may validlypurport to subject any part of them to its sovereignty.Freedom of the high seas is exercised under the conditions laiddown by these articles and by the other rules of internationallaw.
  22. 22. It comprises, both for coastal and non-coastalStates:(1) Freedom of navigation;(2) Freedom of fishing;(3) Freedom to lay submarine cables and pipelines;(4) Freedom to fly over the high seas. These freedoms, and others which are recognized bythe general principles of international law, shall beexercised by all States with reasonable regard to theinterests of other States in their exercise of the freedom ofthe high seas.
  23. 23. High seas-contd• Reservation of the high seas for peaceful purposes- The high seas shall be reserved for peaceful purposes.• Invalidity of claims of sovereignty over the high seas- No State may validly purport to subject any part of the high seas to its sovereignty.• Right of navigation- Every State, whether coastal or land-locked, has the right to sail ships flying its flag on the high seas.
  24. 24. 1. Each State shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag. Ships have the nationality of the State whose flag they are entitled to fly. There must exist a genuine link between the State and the ship; in particular, the State must effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.2. Each State shall issue to ships to which it has granted the right to fly its flag documents to that effect.
  25. 25. 1. Every State shall take such measures for ships under its flagas are necessary to ensure safety at seawith regard, inter alia, to:(a) The use of signals, the maintenance of communicationsand the prevention of collisions;(b) The manning of ships and labour conditions for crewstaking into account the applicable internationallabour instruments;(c) The construction, equipment and seaworthiness of ships.2. In taking such measures each State is required to conformto generally accepted international standardsand to take any steps which may be necessary to ensure theirobservance.
  26. 26. Exclusive Economic Zone• An exclusive economic zone extends from the outer limit of the territorial sea to a maximum of 200 nautical miles (370.4 km) from the territorial sea baseline, thus it includes the contiguous zone.• A coastal nation has control of all economic resources within its exclusive economic zone, including fishing, mining, oil exploration, and any pollution of those resources.• However, it cannot prohibit passage or loitering above, on, or under the surface of the sea that is in compliance with the laws and regulations adopted by the coastal State in accordance with the provisions of the UN Convention, within that portion of its exclusive economic zone beyond its territorial sea.
  27. 27. REFERENCES• Territorial waters-encyclopedia article about territorial waters• Territorial waters-britannica online encyclopedia• 8_1_1958_high_seas.pdf.• Un law of the sea.pdf• nlrvolume54.pdf.adobe reader
  28. 28. Thank you....