‘Internal Waters include littoral areas such as ports, rivers, inlets and other marine spaces landward of the baseline (low-water line) where the port state has jurisdiction to enforce domestic regulations.’’
3. Inland water
Definition
According to the UNCLOS (United Nations Convention on the Law of the Sea)
‘Internal Waters include littoral areas such as ports, rivers, inlets and other marine spaces landward of
the baseline (low-water line) where the port state has jurisdiction to enforce domestic regulations.’’
4. Rights of Internal waters
• The internal waters define in UNCLOS Article 8 (1) – “waters on the landward side of the
baseline of the territorial sea form part of the internal waters of the State”.
• Exmple for internal water bays,ports,permanent harbour,rivers,lakes & canals.
• In that case, the waters are an integral part of the coastal state and have the same legal
status as the land itself.
• The coastal state has full territorial sovereignty over them in the sense that no state can
claim innocent passage or transit rights over such waters.The landlocked state has the right
to transit through the internal water.
• Except for ships in distress, entry into internal waters requires permission from the coastal
state, because ports are governed by the coastal state.
5. • A bilateral agreement with the coastal state is required for the access
for commercial, navigational, or even fishing purposes.
• It has the right to take the necessary action to safeguard its internal
waters and stop any violation of any terms or laws.
6. An example of an internal waters claim
• According to the United Nations Convention on the Law of the Sea , a
nation's internal waters include waters on the side of the baseline of a
nation's territorial waters that is facing toward the land.
• any of the waters (as lakes, canals, rivers, watercourses, inlets, and bays) within
the territory of a state.
• Examples include the Patagonian region of South America, northern England, the
upper midwestern and St. Lawrence regions of North America, and the Rift Valley
of Africa.
7. There are three major types of inland waterway
• The first type of inland waterway transport is natural
channel or river or part of river that its flow is not
changed. So, the inland waterway is entirely natural.
However, it is possible to enhance channel river by
river training works.
• Canalized river is another type of inland waterways
that its flow is governed by engineering works to a
certain extent.
• Final type of inland waterway is completely an
engineering work. The canal is constructed by
diverting river or pumping from reservoir.
An example of an internal waters …
8. An example of an internal waters ….
The "archipelagic waters" within the outermost
islands of archipelagic states are treated as
internal waters
9. An example of an internal waters …
For example, Manchester ship canal and Gloucester ship canal in the
United Kingdom and Erie Canal as shown in Figure .
10. TERRITORIAL SEA
• Territorial sea, as defined by the 1982 United Nations
Convention on the Law of the Sea
• The territorial sea extends to a limit of 12 nautical miles from
the baseline of a coastal State.
• Within this zone, the coastal State exercises full sovereignty
over the air space above the sea and over the seabed and
subsoil.
11. • A coastal State may legislate on matters concerning the safety of navigation, the
preservation of the environment, and the prevention, reduction, and control of
pollution without any obligation to make these rules compliant with international
standards.
• Resource use within the territorial sea is strictly reserved to the coastal State
• If this would overlap with another state's territorial sea, the border is taken as the
median point between the states' baselines, unless the states in question agree
otherwise.
• A state can also choose to claim a smaller territorial sea.
12.
13.
14. • Every State has the right to establish the breadth of its territorial sea up to a
limit not exceeding 12 nautical miles
15. • Ships of all States have the freedom of innocent passage through the territorial
sea, whether they are coastal or landlocked.
• In the territorial sea, submarines and other underwater vehicles are
required to navigate on the surface and to show their flag.
16. Territorial Sea
Legal State of the Territorial Sea
(Part II, Section 2, Article 2)
1. The sovereignty of a coastal State extends, beyond its land territory and
internal waters and, in the case of an archipelagic State, its archipelagic
waters, 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.
17. Delimitation Rights of the Territorial Sea
(Part II, Section 2, Article 3,4)
Article 3 – Breadth of the territorial sea
Every State has the right to establish the breadth of its territorial sea up to a limit
not exceeding 12 nautical miles, measured from baselines determined in
accordance with this Convention.
Article 4 - Outer limit of the territorial sea
The outer limit of the territorial sea is the line every point of which is at a distance
from the nearest point of the baseline equal to the breadth of the territorial sea.
18.
19. Special Rights in Territorial Sea
Innocent Passage
(Part II, Section 3, Article 17,19)
Article 17 - Right of innocent passage
Subject to this Convention, ships of all States, whether coastal or land-locked, enjoy
the right of innocent passage through the territorial sea.
Article 19 - 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. Such passage shall take place in conformity with this
Convention and with other rules of international law.
20. ISSUES ONTERRITORIAL SEA
• Anchoring of Foreign military ships
• Violate of breadth of the territorial sea
• Illegal Fisheries
• Illegal research vessels
• UnauthorizedTransportation
• Unauthorized Cargo ships, submarines
• Illegal resource utilization in sea bed
21. • Illegal drug transportation
• Conflicts between the tourism and fishery industry
• Unauthorized utilization of air space which is
belonged to territorial sea
• Management issues among government sections
• Illegal constructions in territorial waters
22. Baselines
• Baselines can be defined as the low water line of a coastal state.
• There are basically two types of baselines namely ;
Normal baseline
Straight baseline
• A normal baseline can be defined as the lowest line drawn along the
coast as marked on large scale charts that has been officially recognized by
the coastal State or
• It lies where the sea retreats at low water.
• This can be used as a fixed reference point to take various measurements
eg: in projects.
• However if the coast is deeply indented, with fringing islands or is very
unstable a straight baseline is used
23. Baseline of the Sea
Article 5 - Normal baseline
Except where otherwise provided in this Convention, the normal
baseline 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.
26. • Straight baselines also differ according to the location. If there are
locations with deeply indented and cut, or a fringe of islands along
coast is in its immediate vicinity, the straight baselines must be drawn
joining the appropriate points from which the breadth of the territorial
sea is measured.
• These should not be drawn from low tide elevations unless there are
permanent installations above sea level that is built on them.
27. • Another type of baselines are the baselines of archipelagic states.
• This is a feature enclosing the archipelagic waters of an Archipelagic
State.
• It is defined as the baseline that connects the outer points of the
island and the dry coral outside the archipelago provided that inside
the baseline includes the main islands and an area where the
comparison between waters and land areas including atolls are one
in nine.
28. Summary of Baseline delimitation
A. Indentation is larger than a semi-circle
whose two closing lines, and is therefore a
bay. Thus bay closing lines (which total less
than 24 miles) are baselines.
B. Straight baseline on indented coast fringed
with islands.
C. Indentation is smaller than area of semi-
circle drawn on closing line. Therefore this is
not a bay.
D. An island generating its own territorial sea.
E. Baseline is a line drawn across the mouth of
the river that flows directly into the sea.
F. Harbour works forming part of the baseline.
G. Low tide elevation.
H. On the rest of the coast the baseline is the
low water mark.
29. Contiguous zone introduction
Contiguous zone
means the zone of the high seas, established by the United States
under Article 24 of the Convention on the Territorial Sea and
Contiguous Zone, which is contiguous to the territorial sea and which
extends nine miles seaward from the outer limit of the territorial sea.
30. According to the first Law of the sea, 1958
Drafted four convention dealing with the,
1)High seas
2) The territorial sea and contiguous zone
3) Fisheries and conservation of living resources of the high seas
4) The continental shelf
According to the important agreement reached at UNCLOS III,
Contiguous zone up to 24 nautical miles from the shoreline for purpose of
enforcement of customs, fiscal, immigration or sanitary laws.
31. Contiguous Zone ( Part II, Section IV, Article 33 )
Beyond the 12 nautical mile limit there was a further 12 nautical miles or 24
nautical miles from territorial sea baseline limit, the “ Contiguous Zone “ , in
which area a state could continue to enforce laws regarding activities such as
smuggling, customs, sanitary or illegal immigration.
FISC : Fiscal, Immigration, Sanitation, Customs
32. SECTION 4. CONTIGUOUS ZONE
Article 33
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 24 nautical miles from
the baselines from which the breadth of the territorial sea is measured.
33.
34.
35. contiguous zone issues
• contiguous zones were created either through unilateral acts or
treaties.
• a coastal State may exercise the control necessary to prevent the
infringement of its customs, fiscal, immigration or sanitary laws and
regulations within its territory or territorial sea, and punish
infringement of those laws and regulations committed within its
territory or territorial sea