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Protection of the marine environment

There is also many other conventions governing protection of the marine environment

Convention includes general obligations to prevent pollution from ships by dumping of radioactive waste

Bays

Classified as internal waters, as long as 'closing line' does not exceed 24 mile. If bay mouth is larger than this, state may draw closing line so as to enclose as much water area as possible

Islands

Rocks which cannot sustain human habitation or economic life of their own shall have no economic zone or continental shelf

May have territorial sea of their own and may be used as points from which to draw straight baselines, if above the high tide and close enough to coast

Archipelagos

Archipelagic state may use straight baselines to join the the outer islands of the archipelago. Waters inside the baselines are known as 'archipelagic water' and the state has full sovereignty over them

International straits

'Transit passage' when strait is part of coastal states territorial sea: Freedom of navigation solely for the purpose of continuous and expeditious passage of straits

Only flag state shall generally have exclusive jurisdiction on ship, except in cases of: piracy, unauthorised broadcasting, hot pursuit, certin pollution matters, collision, right of visit when ships nationality is unknown or when treaty provides otherwise

Must be used to peaceful purposes only, although weapon testing is permitted

The general principle is that the High seas are res communis: Open to the enjoyment of every state

All parts of sea except internal waters, the territorial sea, the EEZ and archipelagic waters of an archipelagic state

Legal status of the deep sea bed

States have obligation to ensure compliance by sponsored contractors with the terms of the contract and the set out in the Convention. States also may have direct obligations

The resources are to be use for the common heritage of mankind and are subject to an international legal regime. Unilateral mining without prior authorisation is prohibited

All states, whether coastal or landlocked, have access to area

May be used for peaceful purposes only. Excluding such matters as the installation nuclear weapons on the ocean floor, probably does not exclude the installation of defensive detection systems

The deep sea bed is not suscepible to the sovereignty of any state. It cannot e owned and it is within the common heritage of mankind

1982 Convention

All activities in area will be controlled by International Sea Bed Authority

Sets legal rules governing the status and use of the deep sea bed

Regulations about proportionality, investing in sea bed business, technologies and environment.

Authorisation from the Authority is required before mining by states or by Enterprise in joint venture can go ahead

Physical definition: Consists of the shelf proper, the continental slope and the continental rise

Nature and extent of shelf rights

Coastal states rights do not have to be claimed or recognised by other states

Coastal state does not have sovereignty over the shelf, but sovereign rights for the purpose of exploring and exploiting its natural resources

Delimitation of the shelf

Seaward limit ( LOS 1982 Art.76)

3. The continental shelf in law cannot extend beyond 350 nautical miles from the baselines of the territorial sea or 100 nautical miles from the 2,500 metre isobath (depth line)

2. If the physical extent of the shelf goes beyond 200 nautical miles, state has a shelf in law 'throughout the natural prolongation of its land territory to the outer edge of the continental margin

1. All states, regardless of the physical shape of the shelf, have a continental shelf in law up to 200 nautical miles from the baselines of the territorial sea. This is so even if there is no physical shelf or if it stops short of 200 miles

Opposite and adjacent states

Delimitation is to be made by agreement or, failing that, by a median line equidistant from the nearest points of the baselines of the territorial sea of each state. States may use the ICJ and arbitration tribunals

Principle of proportionality is applicable in some cases

Principiple of equity: Consideration should be paid to the general configuration of the coast, the physical shape of the shelf and the relative lengths of the coastlines of the claimant states

Relationship with Exclusive Economic Zone

For the shelf rights beyond the 200-mile limit, 1982 Convention obliges coastal states to contribute a percentage of its revenue to the Internatinal Sea Bed Authority

The shelf covers non-living resources and only those living resource which are 'sedentary species'

The waters of the EEZ are 'sui juris', whereas the waters above shelf where it extends beyond 200 miles remain as high seas. The waters of the shelf within 200 miles are comprised within the EEZ, if one has been claimed

Shelfs rights are 'inherent'; an EEZ is optional and must be claimed by the state. However, both confer sovereign and exclusive rights

Shelf may extend beyond 200 miles, whereas the EEZ has a fixed limit

There is no obligation to conserve shelf resources and and no obligation to share those resources, unlike in EEZ. There is no obligation to share or conserve the non-living resources of the EEZ, for they are to be utilised in conformity with the shelf regime.

It is possible, to have a different boundary for zones because of the need to reach an 'equitable result' in each case

Other states' commercial and shipping activities are not hindered in the waters above the shelf if those waters are high seas. If those waters are within the EEZ, activities may be controlled byt the coastal state only as an adjunct to the exercise of EEZ sovereign rights

Delimitation

Delimitation of the EEZ between opposite and adjacent states shall be affected by agreement on the basis of international law in order to achieve an equitable solution ( Art. 74)

The legal regime and delimitation rules of the different maritime zones are sometimes overlooked in order to achieve "greater good"

EEZ and the continental shelf overlap sometimes

Other states' rights in the EEZ

Oher states may be able to share in the living resources of the EEZ under the "allowable catch" mechanism

Commercial activities which are not part of coastal state's exclusive rights

Other states 'shall have due regard' to the rights and duties of the coastal state and 'shall comply' with the coastal state's laws and regulations

Freedom of the Seas such as navigation, overflight, laying of submarine cables' and other internationally lawful uses of the sea

Nature and extent

Within area, coastal state is given 'sovereign rights' for the purpose of exploring and exploiting the living and non-living natural resources

Does not give dominium over the EEZ. Coastal state cannot interfere with commercial activity by other states in the EEZ unless such activity directly challenges the coastal state's sovereign rights

Coastal state is also under number of obligations that are inconsistent with the grant of full sovereignty

Extending up to 200 miles from the baselines of territorial sea

Origin

Development was the result of negotiations at the Third UN Conference and its subsequent adoption in the national legislation of several states

State has sovereignty over the territorial sea, which means that it has full legislative jurisdiction there

Passage

Coastal state is under obligation to grant all ships the right of innocent passage

Passage is innocent as long as it is not prejudicial to the peace, good order and security of the coastal state

Restrictions

A state should not stop or diver foreign ship for the purpose of exercising civil jurisdiction

A state should not exercise its criminal jurisdiction over foreign vessels in the territorial sea except in certain specified situations

Delimitation of The Territorial Sea

Trace parellele-method: Landward edge of the territorial sea will b the low-water mark on the coast and it will extend seaward for this point. Outer edge of the territoria sea follows the general shape of the coast.

The equidistance-median rule: Delimitation between opposite and adjacent state, general rule is that the territorial sea may not extend beyond the median line which is equidistant from the nearest points of the baselines of the coastal state, except by agreement between the parties or where historic title or other special circumstance indicates otherwise.

Straight baselines-method: Baselines are straight lines drawn between fixed points on the coast. In localities where the coastline is deeply indented and cut into, or if there is a fringe of islands along the coast in its immediate vicinity, the method of straight baselines joining appropriate points may be employed in drawing the baseline from which the breadth of the territorial sea is measured.

Up to 12 nautical miles wide

Contiguous zone

Contiguous zone was recognized in Art. 24 of the 1958

Avaible for customs, fiscal, immigration or sanitary purposes up to a maximum of 12 miles from the baseline of territorial sea

Until the institution of exclusive economic zone, was part of the High Seas

Many provisions of Conventions simply codified customary law existing

Conventions have contributed to development of customary international law

Customary law is binding to all states

The International Convention for the Safety of Life at Sea 1974

The International Convention for the Prevention Of Pollution From Ships 1973

Many other multilateral treaties besides the ones mentioned

Many states have concluded bilateral treaties regulating their relations with other states in particular areas of mutual concern

Has a significant impact on customary law: Even if state decide not to ratify, principles will be binding as a customary law

The 1958 Geneva Conventions are a result of the First United Nations Conference on the Law of the Sea

1994 Agreement on the Deep Sea Bed

320 artiles and nine Annexes

Deals with almost every aspect of the sea and is intended to lay down a universal code for the use of for the use of the seas and marine resources

Treaty law

Bilateral treaties

Other multilateral treaties

The 1982 Convention on the Law of the Sea

The 1958 Geneva Conventions

Geneva conventions on the Fishing and Conservation of Living Resources of The High Seas