LAW OF THE SEA

Question 1

What are the different jurisdictions regarding the law of the sea?

Answer 1

• Internal Waters
• Territorial Sea
• Contiguous Zone
• Exclusive Economic Zone
• Continental Shelf
• High Seas
• The International Seabed

Question 2

History of freedom of the seas

Answer 2

• Since the 17th century, the principle of limiting the rights of a country to a narrow belt (3 nautical miles) around their coastline has been accepted. The remainder of the oceans were free for all to use.
• By the 19th century the concept of the free seas, open to all, was the prevalent view, reflecting the dominance of large maritime powers, and Great Britain in particular, thus fostering a body of law that favored free navigation and the conduct of both commerce and naval operations across the world’s oceans.
• However, during the 20th century, concerns were growing around the pressures and potential conflicts regarding the use of the oceans’ resources.
• Between 1945 and 1967, a number of countries, including the USA, Chile, Argentina and Egypt made changes to their claims regarding the waters around them, mainly to exploit or protect minerals and fish stocks.

Question 3

What was the result of the first conference of the UN to develop treaties which stipulated rights and responsibilities with respect to the use of the world’s oceans?

Answer 3

The first of the conferences was held
in 1956, resulting in four treaties being
agreed in 1958, known as UNCLOS

Question 4

What are the 4 conventions on the UNCLOS I?

Answer 4

–Convention the Territorial Sea and Contiguous Zone, entry into force: 10 September 1964
–Convention on the Continental Shelf, entry into force: 10 June 1964
– Convention on the High Seas, entry into force: 30 September 1962
– Convention on Fishing and Conservation of Living Resources of the High Seas, entry into force: 20 March 1966

Question 5

What was the consequence of UNCLOS III?

Answer 5

This conference adopted the United Nations Convention on the Law of the Sea on the 10th December 1982 at Montego Bay (Jamaica)
The treaty was signed by 117 nations and came into force in 1994

Question 6

How many countries took party in UNCLOS III?

Answer 6

169 Parties

Question 7

What are the key provisions of UNCLOS?

Answer 7

1.Setting limits
2.Navigation
3.Exclusive Economic Zone (EEZ)
4.Continental shelf
5.Deep seabed mining
6.The exploitation regime
7.Technological prospects
8. The question of universal participation in the convention
9. Pioneer investors
10. Protection of the marine environment
11. Marine scientific research
12. Settlement of disputes

Question 8

How are the maritime zones measured?

Answer 8

The width of maritime zones is measured outwards from the baseline.
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.

Question 9

Are there exceptions to the baseline measurement rule?

Answer 9

UNCLOS typically uses the low-water line along the coast to measure a country’s territorial sea. However, there are exceptions:
1. Straight Baselines: This exception applies when the coastline is deeply indended or fringed with islands.
2. Bays that meet specific indentation requirements defined by UNCLOS or with historical significance
3. Archipelagic Baselines: This exception applies to countries consisting of many islands (archipelagos). They can draw baselines connecting the outermost points of their islands, creating a single territorial sea for the entire archipelago.

Question 10

what are the rules for the drawing of straight baselines?

Answer 10

When the coastline is jagged with bays or has islands nearby, straight lines can be used to connect points on the coast.
This also applies if the coastline is unstable due to deltas or erosion. Even if the shoreline recedes, the baselines stay put.
These straight lines can’t stray too far from the general trend of the coast and must enclose areas that function like internal waters.
Countries generally can’t use rocks or islands that disappear underwater at high tide (unless they have permanent structures on them or there’s international recognition for using them).
In some cases, a country’s long-established economic activities in an area can be considered when drawing baselines.
Importantly, a country can’t use straight baselines to block another country’s access to the open ocean.

Question 11

what are the rules for archipelagos?

Answer 11

Archipelagic states can draw straight lines connecting the outermost points of their islands and dried-out reefs
These baselines must enclose the “main islands” of the archipelago and an area where the water-to-land ratio (including atolls, which are ring-shaped coral reefs) falls between 1:1 and 9:1.
The baselines generally cannot be longer than 100 nautical miles, with a small exceptions allowing up to 3% of the baselines to be up to 125 nautical miles long.
The baselines should follow the overall shape of the island group, not create strange, disconnected shapes.
Baselines cannot be drawn to and from rocks or islands that disappear underwater at high tide (unless they have permanent structures on them or are within the territorial sea distance of a nearby island).
The baselines cannot be used to block another country’s access to the open ocean or its exclusive economic zone (EEZ).
If there are areas between islands of an archipelago that another country has historically used (e.g., for fishing), those rights should still be respected.