1. The law of the Sea convention 1982
The law of seas governs all the rules and regulations related to seas. The main
aim of the law of seas is to ensure that the coastal state that the sea is
surrounded by, that particular state’s interest shall be protected. When we talk
about any municipal laws that governs the internal matters of the state in the
same way the law of sea deals with the matter related to water bodies .the law
of sea convention 1982 was established by the United Nations Convention.
is also known as UNCLOS .it defines the rights and duties entitled to the states
.and it defines the limit as to till which limit of the sea the state has
sovereignty .It also states that in case of violation of any rights of the
coastal state for example in the case of fishery the state is only entitled to
use that natural resource for the economic development of the state but
meanwhile no other state has the authority to do so.
Any state can innocently
pass by the water territory of another state but that shall not harm the
interest of that particular state .the ship passing through the innocent passage
shall not hamper the security of the coastal state and must pass through with
the intention of good faith .As long as it is not hampering the interest till
then they have right to passage .Any state violating the rights of the another
coastal state can be punished under the UNCLOS.
Hence the unclos basically aims at protecting the rights and establishing duties
on the coastal state.
Development of law relating to High Seas
High seas is that particular part of the sea where no state has absolute
sovereignty and all state shall use it commonly, its beyond the waters and no
state can have jurisdiction over it. There are several activities that takes
place in the high seas .The high seas plays a very important role in the
preservation of the natural resources as the extractions of natural resources in
that particular area is restricted . The high seas helps in the protection and
the balance of the ecosystem as there are several species ,minerals and other
natural resources found ,which makes it more prone towards the establishment of
several industries like fishing and shipping industries that rely largely on the
natural resources that’s found in the high seas.
Freedom associated with high seas:
- Freedom of navigation
- Lay lines of pipe, submarine
- Freedom to fly over high seas
- Freedom of scientific research
- Freedom to establish artificial islands on high seas
On all these aspects the state has the freedom to occupy or utilise the high
seas for economic development of the development of the high seas .The condition
precedent to all these shall always comply to the fact that it shall not over
extract the natural resources of the high seas and must aim at the development
of the high seas .All the states shall co-operate each other .
They need to conserve and preserve the fishers and all the water organisms and
resources.They need to respect the treaties .
2. Exclusive Economic Zone, Contiguous Zone, Continental Shelf and
When we talk about the zones of the sea we are delegating the zones so that the
sovereignty of the state can be established only on those zones that they can
occupy sovereignty over.
The area that is immediately adjacent to the state that is known as territorial
sea. 12 nautical miles is the territorial sea. The state has complete
sovereignty over the territorial sea.it was developed in back 18thcentury.
Earlier to measure the territorial sea zone the fire of the cannon shot was
used till wherever the cannon shot reaches that state has the sovereignty 3
nautical miles . After which Unites Nations held is invalid and said it as 12
nautical miles .The cannon shot never won universal acceptance by UN .Until
convention came they used to follow cannon shot.
It also includes internal waters baseline- from the low water line along the
coast from there 12 nautical miles are calculated.
The concept of innocent passage
Any state can innocently pass by the water territory of another state but that
shall not harm the interest of that particular state .The ship passing through
the innocent passage shall not hamper the security of the coastal state and must
pass through with the intention of goodfaith.
Which things are against innocent passage:
- Any threat ,force any violation done to the State
- Exercise of weapon, collecting information, fishing activity ,any
pollution done .
- Hampering the defence.
The contiguous zone is calculated from territorial sea till 12 nautical miles
.It is that area of the sea where state have limited control to prevent any
infringement on custom ,immigration laws or regulation within the territory. The
state cannot establish the entire control like territorial zone .
It is calculated from contiguous zone 200 nautical miles; it includes sea bed
and submarine. Previously they use to measure continental shelf through biscuit
method, it was 300 nautical miles (outer shell will not go beyond 350 nautical
miles). From isobath 2500 metres. The land below the sea after contiguous zone
is continental shelf, the coastal state has limited power over this zone, the
only power the coastal state has is to explore and exploit the natural
resources. If any other state wants to exploit, then that state shall take
permission of the coastal state. The natural resources consist of fish minerals
etc, usually the convention consider the distance of 200 nautical miles.
Exclusive Economic Zone
From territorial sea baseline up to 200 nautical miles is exclusive economic
zone. It is combination of contiguous zone plus continental shelf. The state has
the authority over it only limited to fishing, mining and only scientific
research. Anything that boost the economical condition of the coastal state or
that area until that the exploration is allowed, no other state has the right.
They also establish artificial islands they must take essential steps for the
preservation and the conservation of the natural resources. Exploration should
not be over exploration. And certain freedoms are same as high sea.