Explain the main features of Law of the Sea. What is the difference between the jurisdiction over ‘Territorial Sea' and 'Exclusive Economic Zone'?
Verified Answer
- Core Legal Answer & Context: The Law of the Sea is a body of international law governing the rights and duties of states in maritime environments, primarily codified in the United Nations Convention on the Law of the Sea (UNCLOS) of 1982. It aims to establish a comprehensive legal order for the oceans, promoting peaceful uses, equitable resource utilization, conservation, and marine environment protection.
Main Features of Law of the Sea (UNCLOS):
- Zonal System: Divides maritime areas into distinct zones with varying degrees of state jurisdiction (e.g., Internal Waters, Territorial Sea, Contiguous Zone, Exclusive Economic Zone, Continental Shelf, High Seas, The Area).
- Navigation Rights: Establishes rights of innocent passage, transit passage through straits, and archipelagic sea lanes passage.
- Resource Management: Provides for sovereign rights over living and non-living resources in the EEZ and continental shelf, and the concept of 'common heritage of mankind' for deep seabed resources.
- Marine Environment Protection: Obligates states to protect and preserve the marine environment.
- Marine Scientific Research: Regulates marine scientific research.
- Dispute Settlement: Establishes a compulsory dispute settlement mechanism, including the International Tribunal for the Law of the Sea (ITLOS).
Difference between Territorial Sea and Exclusive Economic Zone (EEZ):
- Territorial Sea:
- Definition: Extends up to 12 nautical miles from the baseline.
- Jurisdiction: The coastal state exercises full sovereignty, including airspace and seabed, subject only to the right of 'innocent passage' for foreign vessels.
- Rights of Coastal State: Exclusive rights to all resources, control over navigation, customs, fiscal, immigration, and sanitary laws.
- Rights of Other States: Foreign ships enjoy innocent passage (continuous, expeditious, and non-prejudicial). Submarines must navigate on the surface and show their flag.
- Exclusive Economic Zone (EEZ):
- Definition: Extends beyond the territorial sea, up to 200 nautical miles from the baseline.
- Jurisdiction: The coastal state has sovereign rights for exploring, exploiting, conserving, and managing natural resources (living and non-living) in the waters, seabed, and subsoil. It also has jurisdiction regarding artificial islands, installations, marine scientific research, and marine environment protection.
- Rights of Coastal State: Primarily economic rights over resources and certain jurisdictional rights.
- Rights of Other States: All states enjoy freedoms of navigation, overflight, and laying submarine cables/pipelines, and other internationally lawful uses of the sea related to these freedoms, compatible with UNCLOS and the coastal state's rights.
- Relevant Statutes and Sections:
- United Nations Convention on the Law of the Sea (UNCLOS) 1982:
- Part II (Articles 2-32): Deals with the Territorial Sea and Contiguous Zone. Article 3 defines the breadth (up to 12 nm). Articles 17-26 define innocent passage.
- Part V (Articles 55-75): Deals with the Exclusive Economic Zone. Article 56 defines the rights, jurisdiction, and duties of the coastal state. Article 58 defines the rights and duties of other states.
- Important Landmark Cases:
- North Sea Continental Shelf Cases (Federal Republic of Germany v. Denmark; Federal Republic of Germany v. Netherlands, 1969): Established the concept of the continental shelf as an inherent right and influenced the development of the EEZ by emphasizing natural prolongation and equitable principles.
- Fisheries Jurisdiction Cases (United Kingdom v. Iceland; Federal Republic of Germany v. Iceland, 1974): Highlighted the evolving customary international law towards extended coastal state jurisdiction over fisheries, paving the way for the EEZ concept in UNCLOS.
- Clear Conclusion: The Law of the Sea, primarily codified in UNCLOS, provides a comprehensive framework for governing ocean activities, establishing a zonal system for maritime jurisdiction. The Territorial Sea represents an area of full coastal state sovereignty (up to 12 nm), subject only to innocent passage. In contrast, the Exclusive Economic Zone (up to 200 nm) grants the coastal state sovereign rights primarily for economic exploration and exploitation of resources, while preserving high seas freedoms of navigation and overflight for other states, provided they are compatible with the coastal state's rights. This distinction is crucial for balancing coastal state interests with global maritime freedoms.