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UNCLOS - Salient Features, Objectives, Maritime Zones, Passages and Duties
UNCLOS - Salient Features, Objectives, Maritime Zones, Passages and Duties
Baseline
As otherwise provided in the UNCLOS convention, the normal baseline for 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.
Objectives of the UNCLOS
1. To promote the peaceful use of the seas and oceans;
2. To facilitate International Communications;
3. To enable equitable and efficient utilisation of ocean resources;
4. To protect and preserve the marine environment;
5. To promote Maritime safety.
The outer limit of the territorial sea is the line every point of which is at a distance from
the baseline equal to the breadth of the territorial sea.
Where the coasts of two States are opposite or adjacent to each other, neither of the
two States is entitled, failing agreement between them to the contrary, to extend its
territorial sea beyond the median line every point of which is equidistant from the
nearest points on the baselines from which the breadth of the territorial seas of each of
the two States is measured.
Contiguous zone
Contiguous zone generally extends 12 nautical miles beyond the territorial sea limit. It
consists of a combination of Revenue and Public health or Quarantine jurisdiction.
The coastal state can prejudice a foreign flag vessel beyond the territorial see if there
are reasonable grounds for assuming they are about to violate Customs or Public
Health Regulations
In an Exclusive Economic Zone, the coastal state has the following rights:
1. Sovereign rights for the purpose of exploring and exploiting, conserving and
managing the natural resources, whether living or non-living, of the waters
superjacent to the seabed and of the seabed and its subsoil, and with regard to
other activities for the economic exploitation and exploration of the zone, such as
the production of energy from the water, currents and winds.
2. Can enact regulations on pollution and environmental protection.
3. Has exclusive right to construct artificial islands and security zones.
4. Has exclusive right to fishing and development of fish farms.
5. Can conduct scientific research and marine exploration.
The obligation of vessels in an exclusive economic zone:
Continental shelf
The Continental shelf of a coastal state comprises of 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 200nm from the baseline. Almost everywhere the shelves represent simply a
continuation of the continental landmass beneath the ocean margins.
A coastal state shall establish the outer edge of the continental margin wherever it
extends 200 Nautical Miles by procedures mentioned in this article.
The outer limit of the continental shelf shall not exceed 350 nautical miles from the
baseline, from which the breadth of the territory is measured.
High seas
High Seas represents all that sea area which is not capable of forming part of
any sovereign state and are not included in the Exclusive Economic Zone, the
territorial waters or internal waters of a coastal state or the archipelagic waters o
the Archipelagic state.
The High Seas are open to all states whether coastal or landlocked.
Freedom on the high seas is exercised under the conditions laid down by the
convention and by other rules.
1. Freedom of navigation.
2. Freedom of overflight.
3. Freedom of laying submarine cables and pipelines.
4. Freedom to construct artificial islands and other installations permitted under
international law.
5. Freedom of fishing, subject to the conditions.
6. Freedom of scientific research.
Passage means navigation through the territorial sea for the purpose of:
Passage shall be continuous and expeditious. However, passage includes stopping and
anchoring, but only in so far as the same are incidental to ordinary navigation or are
rendered necessary by force majeure or distress or for the purpose of rendering
assistance to persons, ships or aircraft in danger or distress.
Salient features of the Innocent Passage
1. A 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.
(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;
(c) any act aimed at collecting information to the prejudice of the defence or security of
the coastal State;
(d) any act of propaganda aimed at affecting the defence or security of the coastal
State;
(g) 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;
(h) any act of willful and serious pollution contrary to this Convention;
(k) any act aimed at interfering with any systems of communication or any other facilities
or installations of the coastal State;
1. In straits, all ships and aircraft enjoy the right of transit passage, which shall not be
impeded; except that, if the strait is formed by an island of a State bordering the strait
and its mainland, transit passage shall not apply if there exists seaward of the island a
route through the high seas or through an exclusive economic zone of similar
convenience with respect to navigational and hydrographical characteristics.
2. Transit passage means the exercise in of the freedom of navigation and overflight
solely for the purpose of a continuous and expeditious transit of the strait between one
part of the high seas or an exclusive economic zone and another part of the high seas
or an exclusive economic zone. However, the requirement of continuous and
expeditious transit does not preclude passage through the strait for the purpose of
entering, leaving or returning from a State bordering the strait, subject to the conditions
of entry to that State.
3. Any activity which is not an exercise of the right of transit passage through a strait
remains subject to the other applicable provisions of UNCLOS.
observe the Rules of the Air established by the International Civil Aviation
Organization as they apply to civil aircraft; state aircraft will normally comply with
such safety measures and will at all times operate with due regard for the safety of
navigation;
at all times monitor the radio frequency assigned by the competent internationally
designated air traffic control authority or the appropriate international distress
radio frequency.
This does not preclude passage through the strait for the purpose of entering a port or
coastal state bordering the strait subject to conditions of entry of that state.
2. submarines transiting territorial waters have to 2. submarines may transit submerged and
do so on the surface and show their flag. no need to show their flag.
another state may be subject to provisions of 3. No such thing applies within straits.
1. Every State shall effectively exercise its jurisdiction and control in administrative,
technical and social matters over ships flying its flag.
2. In particular, every State shall:
Contiguous Zone
In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal
State may exercise the control necessary to:
1. Sovereign rights for the purpose of exploring and exploiting, conserving and
managing the natural resources, whether living or non-living, of the waters
superjacent to the seabed and of the seabed and its subsoil, and with regard to
other activities for the economic exploitation and exploration of the zone, such as
the production of energy from the water, currents and winds;
2. Jurisdiction as provided for in the relevant provisions of this Convention with
regard to:
Continental Shelf
In the Continental Shelf, the coastal State can:
1. Exercises over the continental shelf sovereign rights for the purpose of exploring it
and exploiting its natural resources.
2. 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.
4. All states are entitled to lay Submarine Cables and pipelines on the continental shelf.
Coastal states may not impede the laying or maintenance of such cables or pipelines.
A ship or aircraft may retain its nationality although it has become a pirate ship or
aircraft. The retention or loss of nationality is determined by the law of the State from
which such nationality was derived.
On the high seas, or in any other place outside the jurisdiction of any State, every State
may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the
control of pirates, and arrest the persons and seize the property on board. The courts of
the State which carried out the seizure may decide upon the penalties to be imposed,
and may also determine the action to be taken with regard to the ships, aircraft or
property, subject to the rights of third parties acting in good faith.
All States shall cooperate to the fullest possible extent for repression of piracy on the
high seas or in another place outside the jurisdiction of any state.
Where the seizure of a ship or aircraft on suspicion of piracy has been effected without
adequate grounds, the State making the seizure shall be liable to the State the
nationality of which is possessed by the ship or aircraft for any loss or damage caused
by the seizure.
A seizure on account of piracy may be carried out only by warships or military aircraft,
or other ships or aircraft clearly marked and identifiable as being on government service
and authorized to that effect.
All States shall cooperate in the suppression of illicit traffic in narcotic drugs and
psychotropic substances engaged in by ships on the high seas contrary to international
conventions.
All States shall cooperate in the suppression of unauthorized broadcasting from the high
seas.
o Such pursuit must be commenced when the foreign ship or one of its
boats is within the internal waters, the archipelagic waters, the territorial sea
or the contiguous zone of the pursuing State, and may only be continued
outside the territorial sea or the contiguous zone if the pursuit has not been
interrupted. It is not necessary that, at the time when the foreign ship within
the territorial sea or the contiguous zone receives the order to stop, the ship
giving the order should likewise be within the territorial sea or the contiguous
zone.
o If the foreign ship is within a contiguous zone, the pursuit may only be
undertaken if there has been a violation of the rights for the protection of
which the zone was established.
The right of hot pursuit shall apply mutatis mutandis to violations in the
exclusive economic zone or on the continental shelf, including safety zones
around continental shelf installations, of the laws and regulations of the coastal
State applicable in accordance with this Convention to the exclusive economic
zone or the continental shelf, including such safety zones.
The right of hot pursuit ceases as soon as the ship pursued enters the
territorial sea of its own State or of a third State.