22 Law of the Sea Sea covers 70% of the globe. Divided into internal waters, territorial sea, high seas These have changed as a result of coastal state’s claim to use high seas, contigous zones, exclusive fisheries zones, continental shelf.

22.1 Four conventions exist Convention on territorial sea and the contiguous zone Convention on the high seas Convention on fishing and conservation of living resources of high seas Convention on the continental shelf.

22.2 Although the conventions are binding only on states which are parties to them, many of the provisions can be used as the emerge of customary law even against states which are not part to them. Most of the provisions of the 1958 convention have been changed in 1982 convention that established comprehensive framework concerning the use of oceans and covers all marine areas including the air space above and sea bead and sub soil below. It also deals with the rights and duties of states as it relates to territorial sea, exclusive economic

22.3 Zone, the right of transit passage in international starits, the use of fishing resources, the exploration and exploitation of national resources in the sea bed and exploitatation of natural resources in the sea bde and sub soil of the continental shelf, navigation and overflight rights, deep seabed mining under international sea bed authority and marine scientific research.

23.4 Internal waters Consists of ports, harbors, rivers, lakes and canals. Article 8 (1) of the 1982 convention defines internal waters as the waters on the land ward side of the baseline from which the witdth of the territorial sea is measured and corresponds to Article 5 of 1958 convention.

23.5 Sovereignty of coastal sattes entitled to prohibit entry into its ports by foreign ships in distress Though allow a ship in internal waters and coastal areas: A. jurisdiction of coastal state’s courts is exclusive. The courts of a flag state may also try people for crimes committed on board the ship.

22.6 The coastal state will interfere with the exercise of disciplinary powers by the captain over his crew. If the crime does not affect the coastal state the flag state is allowed to discipline as relating its counts but it’s a matter of grace and convinience rather than obligation. For a ship in distress a degree of immunity prevails.

22.7 Warships are immune from enforcement but they may be requested by coastal state to leave its waters. Members of a crew are immune from prosecution by a coastal state committed on board the ship and for crimes committed on shore, if they were in uniform and on official business at the time of crime.But the flg state may waive immunity.

22.8 Territorial sea:The width has been one of the most controversial questions in international law. Right of innocent passage- Article 2 (1) convention says that coastal state exercises sovereignty over the territorial sea. But its limited to as foreign ships have the right of innocent passage through the territorial waters. Coastal sate may prevent non innocent passage for security reasons, territory suspend innocent passage in specified areas of territorial sea provided there note starits-used for inter navigation

22.9 Western states maintain that the right of innocent passage extends to warships. In Corfu Channel Case ICJ rep ICJ held that warship have the right of passage through international starits. BuT Soviet Union and other six communist countries together with Columbian made reservation to the convention. However in 1984 USSR reversed and recognised that foreign warships have the right to innocent passage.

22.10 Rights of coastal states over territorial sea. Have exclusive right to fish, exploi, air space, transport goods and passage on territorial sea. Coastal state has certain power of arrest of merchant ship. Width of the territorial sea: During the Napoleonioc wars- 3miles, scadavian states 4 miles, spain and portugal claimed 6

22.11 Some third world states wanted wide territorial sea because they were afraid tha the 3 mile would enable great poers to pscychological in times of crises opposed to west who fear extention of territorial sea would limit their sea power and sea borne trade.

Geneva fixed it at six miles but others feel that it should be fixed at 12 miles. Malanczuk “alsost all states agreed that international law imposes limits on the terriral but straits continued to disagree as to what limits way’ Line from which it is measured rely on baseline.

11.13 The contiguous zone: between two world wars French writer Gidel propounded the theory of contigous zone asmeans of rationalising the conforming practice of states as other states argued that it was an attempt to extend territorial sea. Article 24 of 1958 convention the coastal states may exercise control necessary to prevent infridgement of its customs, fiscal, immigration and sanitary regulation., may not extend beyond 12 mile from baseline. In relation to customary law some claim,6,10,12,18,24,41

14.14 Exclusive fisheries zones and exclusive economic zone. Since 1960 there has been a tendency for states to claim exclusive fishery zone beyond the territorial sea. In FISHERIES JURISDICTION CASE between UK and Iceland, the ICJ held that a coastal state had a preferential right over fish in adjacent areas of the sea beyond 12mile line, at least if the coastal state (like Iceland) was dependent on local fisheries.

14.15 Article 56 (1) (a) of 1982 gives coastal states sovereign right overall economic resources of the sea, seabed and subsoil in its exclusive economic zone this includes not only fish but also minerals beneath the seabed. In practice claiming exclusive fishing rights for 200 miles, although recent, is now so widespread that it can probably no longer be regarded as illegal.

14.16 As of states claimed exclusive economic zone not more than 200miles. Foreign ships which violate that rights of coastal states in its exclusive fishing zone or exclusive economic zone may be arrested by the coastal state.

14.17 High seas Means all parts of the sea that are not included in the parts of the territorial sea or the internal waters of the state. The high seas may be used freely by all ships of all nations. Article 2 of the 1958 Geneva Convention on High Seas states that freedom of high seas comprise of navigation, freedom of fishing, freedom to submarine cables and pipelines, freedom to fly over high seas.

14.18 These freedoms maybe enjoyed by landlocked countries and can negotiate with coastal states to have the right to use ports and right of transport. A ship on high seas is subject to internal laws of the flag state Other states, “flag of convenience” countries are prepared to register virtually any ship in return for the payment of the fee.

14.19 The giving of flags of convenience is shown by the fleet Liberia has- is the largest ship owning nation. Article 5 of High seas Convention “there must be a genuine link between the state and the ship” Interference with ship: no one but the flag state may exercise jurisdiction over a ship on the high seas.

14.20 In time of war, a warship of a belligerent state is liable to be attacked by enemy warship. Certain circumstances exist where interference is allowed 1.Its lawful to sieze a stateless ship 2.Right of hot pursuit is designed to prevent the ship avoiding arrest by escaping to the high seas

The right of approach-merchant ships are subject to control by warship of flag state. 4. Treaties- if a treaty exist between parties allowing reciprocal power of arrest over one' merchant ship. Convention support that the power to seize ships suspected of engaging in slave trade has now become rule of international law.

14.22 States have reciprocal power to arrest, after the arrest the offenders must be handed back to the flag state for trial. If a warship has reasonable grounds for suspecting that a merchant ship is engaged in piracy, it may board the ship on high seas for the purpose of investigation regardless of merchant ship’s nationality. If suspicion is justifies arrest can be made and trial be held.

14.23 Belligerent rights: in time of war a ship belonging to a belligerent state may be seized by the enemy merchant ship or a neutral trading ship with an enemy. Self defence: France cited self defence as a justification for seizing foreign merchant ships carrying arms to rebel movement in Algeria in the 1950s. Action authorized by UN. The ordinary rules of international law concerning criminal jurisdiction apply to crimes committed on high seas.

14.24 Continental shelf. Article 76 contains complicated and controversial provisions dealing with outer edge of continental margins. The continental margin consists not only of the continental shelf but also the continental shelf but also the continental slope a stepping sloping area beyond continental shelf, the continental rise, a gentle slopping area between the continental shelf and the deep sea bed.

14.25 Deep sea bed Resolution 2749 (xxv) passed by the General Assembly on December 1970 by 108 votes to 0 declared that deep sea bed was common heritage for all mankind convention on the control of the Seabed, seabed would be under International Seabed Authority which will exploit the seadbed and its subsoil or grant license for such exploration

14.26 Royalty, revenue, profits received by authority will be used for the benefit of mankind Clash has existed between developing countries claiming the right to use the funds but developed countries being the main contributors wants a fair share.

14.27 Maritime boundaries: Conflicts over boundaries on the sea have emerged Geneva convention on the territorial sae place primary emphasis on the equidistance principle but down graded by Article 83 (1) 1982 which give concerned parties to reach an agreement on the basis of international law.

14.28 Conclusion. regional disputes still unsettled, some of the most serious ones a very real potential conflict are in the south East Asia region especially competing claims to the Spratly Island in South China Sea.