International Law

1. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Law of the Sea
Paper ID:- 038304
BA LLB 6th Sem. (Sec. C).
By: Abhishek Kumar
AP,Law

2. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Law of the sea convention
• Law of the Sea Conventions, 1958
- Covention on the Territorial Sea and the
Contigious Zone
- Convention on the High Seas
- Convention on Fishing and Conservation of the
Living Resources of the High Seas
• United Nations Convention on the Law of the
Sea (UNCLOS), 1982

3. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
• Internal Waters
• Territorial Sea
• Contiguous Zone
• Exclusive Economic Zone
• Continental Shelf
• High Seas
• The International Seabed
Jurisdictional Zones in the Law of the Sea

4. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Constructing Baselines
•The Normal Rule
the normal baseline for measuring the breadth of the
territorial sea is the low-water line along the coast as
shown by the appropriate symmbols on charts
officialy recognized by the coastal state‘ (LOSC Art.
5)
General Rule: coastal stages exercise the
greatest degree of jurisdictional competence
over those zones that lie closest to them
•Straight Baselines
Drawn not from the low water line but from a
series of artificial lines

5. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Jurisdictional Zones II
• Internal Waters
– flows automatically from sovereignty exercised over
land territory
• Territorial Sea (up to 12 sea miles)
– full sovereignty except for rights of innocent passage
• Contiguous Zone (up to 24 sea miles)
– territory outside the territorial sea where coastal states
may exercise the control necessary to punish or prevent
infringements of its customs, fiscal, immigration or
sanitary laws and regulation within its territory or
territorial sea

6. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Navigation
•Internal Waters
Exclusive Right of Coastal State to define rights
for navigation
•Territorial Sea
Right for innocent passage of foreign ships;
Passage is innocent so long as it is not prejudicial to
the peace, good order or security of the coastal state
(Art. 19 LOSC)
•Exclusive Economic Zone
freedom of navigation (Art. 58 (1), Art. 87
LOSC)

7. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Archipelago
A State ‘constituted wholly by one or more
archipelagoes and other islands, where an
archipelago is itself defined as a group of islands
or parts of islands, and their interconnection
waters which are so closely interconnected as to
form, or to be regarded as forming an intrinsic
entity

8. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Other conditions for an archipelago
•Must link main islands of the group
•Must follow general configuration of the island
grouping
•Most important: ratio of water to land within the
baselines must be not less than 1:1 and not more
than 9:1

9. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Right of transit passage in straits used for
international navigation
applies generally to all straits connecting high
seas or EEZs with other areas of high seas or
EEZs which are used for international navigation
(Art. 37 LOSC)
Ships shall proceed without delay refrain from
any force or threat of force against the coast state
pass the strait in the normal mode of continuous
and expeditious transit (Art. 39 LOSC)

10. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
High Seas
Waters beyond territorial sea which is free for
use by all Flag State jurisdictionExceptions to the
flag state jurisdiction
•Visit
•Piracy
•Hot pursuit
•Broadcasting
•Slavery
•Drugs trafficking

11. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Bays
Two stage definition:
Stage 1: distance between the ‘natural entrance points’
of a bay is measured and a semi-circle is drawn along a
line of a that length. The area of the semi-circle is then
compared to the area of water found landward. If the
are of the semi-circle is less than that of the area of
water, than it is a bay.
Stage 2: If the distance between the entrance points is
less than 24 miles, it may be drawn between them.
Otherwise, the closing line can be drawn ‘within the
bay in such a manner as to enclose the maximum area
of water that is possible with a line of that length.