INTERNATIONAL MARITIME LAW Dr. Indrė Isokaitė Vilnius University, Law Faculty Public Law Department International and European Union Law Institute 2016

Lectures No 2-3 Definition and (basics of) legal regime of maritime zones. Introduction to maritime delimitation

Formation of Maritime Zones Until the mid 20th century the law of the sea, relying on three hundred year old principles, was an "unwritten" law, it had not yet been codified and applied as customary international law (the law can be described as international custom as evidence of a general and consistent practice by states which is generally accepted as law). Under the customary law three maritime zones were recognized: High Seas Territorial Sea Internal (Sea) Waters

Development of Maritime Zones Until the mid 20th century an occupation of the sea-bed was considered to be beyond the capabilities of any state. The legal status of the sea-bed was thought to be governed by the same principles as the waters above it. But such a regulation was not codified and, with minor exceptions, the seabed remained out of reach for any use...

Development of Maritime Zones Harry S. Truman issued in September 1945 the proclamation on "Coastal Fisheries in Certain Areas of the High Seas“ and a proclamation concerning the "Natural Resources of the Subsoil and Sea-bed of the Continental Shelf", in which was stated: The government regards the natural resources of the subsoil and sea-bed of the continental shelf beneath the high seas but contiguous to the coast... (to be) subject to its (US) jurisdiction and control.

Development of Maritime Zones In the wake of the Truman Proclamations of 1945, a number of states (Mexico, Argentina etc.) took measures for the protection of offshore resources. Within a few years, several South American states had claimed extensive rights, some demanding full sovereignty over coastal water zones extending up to 200 nautical miles…

Development of Maritime Zones 1958 Geneva Conventions of the law of the sea did not establish the breadth of maritime zones. The practice of states differed from claiming territorial sea of 3 (“cannon-shot” rule), 6 or 12 nautical miles. Disagreements on the breath of a territorial sea gave birth to the formation and establishment of a contiguous zone. The breath of the established continental shelf was considered to be 200 nautical miles as its exploitation was thought to this extent possible. To the same extent sea waters above states began claiming their exclusive fishery zones giving birth to an exclusive economic zone.

Concept of Maritime Zones Maritime zones are defined sea / ocean areas measured from the coastline (baseline) subject to a coastal state’s sovereignty (inland sea waters and territorial sea), sovereign rights and / or jurisdiction (contiguous zone, continental shelf and exclusive economic zone) or open for use to all the world’s nations (high seas and, conditionally, international sea-bed area).

Maritime Zones inland sea waters territorial sea contiguous zone continental shelf exclusive economic zone high seas international sea-bed area

Chart on Maritime Zones

Definitions of Maritime Zones Inland Waters are on the landward side of the baseline of the territorial sea (e.g. bays, port waters, etc.). Territorial Sea is a sea-belt adjacent to the coastline and subject to a state’s sovereignty (extending up to 12 nautical miles). Contiguous Zone is a sea-belt adjacent to a coastline (up to 24 nautical miles from a baseline) where a coastal state is entitled to exercise a control in order to prevent or punish for the offences committed on the territory or territorial sea.

Territorial waters A concept ‘Territorial Waters’ is sometimes used to define a territorial sea or to refer to both inland sea waters and territorial sea (both belonging to a state’s sovereignty), may also mean all inland waters (rivers, lakes, etc.). Thus in International Law of the Sea the concept of a Territorial Sea should be better used instead of Territorial Waters.

Definitions of Maritime Zones Exclusive Economic Zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime balancing the rights and jurisdiction of the coastal State and the rights and freedoms of other States (up to 200 n.m.) Continental Shelf comprises 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 of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance (up to 350 n.m. in some cases)

Definitions of Maritime Zones International sea-bed area means the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction. The high seas are open for all States, whether coastal or land-locked, for their free exercise of the freedom of the high seas under the conditions laid down by international law, including freedom of navigation, freedom of overflight, freedom to lay submarine cables and pipelines, freedom to construct artificial islands and other installations permitted under international law, freedom of fishing and scientific research.

Legal framework of the regime of maritime zones: regulation levels Universal framework (LOS Convention) Regional governance (Baltic Sea Region, Black Sea Region, Mediterranean region, etc.) EU regulation (mainly fisheries, maritime transport, environmental issues) National approach (especially in respect of maritime zones belonging to a coastal state’s sovereignty)

Need for a national regulation National regulation develops LOSC regime, contributes to the protection of the coastal state’s rights and legitimate interests, establishes ‘safeguards’ and also helps for other states to implement certain rights conferred on them in the maritime zones belonging to a coastal state’s jurisdiction (e.g. to lay down pipelines, etc.).

National Maritime Regulation ‘Zonal’ approach, examples: Act concerning the maritime areas of the Polish Republic and the marine administration, 21 March 1991 Law Concerning the Naval Space of Georgia, 24 December 1998 ‘Sectoral’ approach, examples: The Law on the protection of the marine environment of the Republic of Lithuania The Law on navigation safety of the Republic of Lithuania ‘Mixed’ approach

Measurement of Maritime Zones All maritime zones are measured from the line on the coastline – a baseline. There are different types of baselines (normal, straight, etc.). The normal baseline is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State.

Normal Baseline http://www.ga.gov.au/marine/jurisdiction/maritime-boundaries.html#lat

Normal baseline http://www.linz.govt.nz/hydro/nautical-info/maritime-boundaries/definitions/index.aspx#tsb

Straight Baseline http://www.linz.govt.nz/hydro/nautical-info/maritime-boundaries/definitions/sbase-line.pdf

Straight baseline http://www.aggregat456.com/2010/02/baselines-straight-and-normal.html

Churchill, Lowe, The Law of the Sea

Norvegian Fisheries Case, 1951 “The notoriety of the facts, the general toleration of the international community, Great Britain’s position in the North Sea, her own interest in the question, and her prolonged abstention would in any case warrant Norway’s enforcement of her system against the United Kingdom. The Court is thus led to conclude that the method of straight lines, established in the Norwegian system, was imposed by the peculiar geography of the Norwegian coast; that even before the dispute arose, this method had been consolidated by a consistent and sufficiently long practice, in the face of which the attitude of governments bears witness to the fact that they did not consider it to be contrary to international law.”

Maritime delimitation Under LOS Convention maritime delimitation is subject to the agreement between the states involved following the guidelines, rules and principles established in the Convention, case-law and states’ practice and always to be implemented according to the principle of equity.

Maritime delimitation Main methods: Equidistance Perpendicularilty Meridians and parallels Enclaving Other means

Maritime delimitation Median line (equidistance)

Delimitation of a 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. The above provision does not apply, however, where it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of the two States in a way which is at variance therewith (LOSC Article 15)

Delimitation of IEZ and Continental Shelf The delimitation of the continental shelf between States with opposite or adjacent coasts shall be effected by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution (LOSC Article 83). The delimitation of the exclusive economic zone between States with opposite or adjacent coasts shall be effected by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution (LOSC Article 74).

North Sea Continental Shelf Cases Delimitation lines until the Court’s decision North Sea Continental Shelf (Federal Republic of Germany/Denmark) Proceedings joined with North Sea Continental Shelf (Federal Republic of Germany/Netherlands) on 26 April 1968: http://www.icj-cij.org/docket/index.php?p1=3&p2=3&k=e2&case=51&code=cs&p3=4&PHPSESSID=6cb6b3609c201967bdbc1d75c53490a4

North Sea Continental Shelf Case Delimitation after the Court’s decision International Boundary Study “Limits in the Seas”, prepared by the Bureau of Intelligence and Research of the Department of State (USA), 1974 <http://www.state.gov/documents/organization/62000.pdf

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