UNCLOS PART #4/5 : Rights and Duties of Coastal State over her Territorial Sea, EEZ Etc

Summary

This video provides an in-depth overview of a coastal state's rights and duties over its various maritime zones. It covers the territorial waters, contiguous zone, exclusive economic zone (EEZ), and continental shelf, detailing the state's jurisdiction over criminal and civil matters, as well as its rights to exploit natural resources, manage fisheries, and regulate marine structures. The video also explains the legal requirements for foreign vessels passing through these waters, the construction of artificial islands, and the safety measures that must be taken for navigation. The information is crucial for understanding international maritime law and coastal state sovereignty.

Takeaways

• 🌊 A coastal state has rights and duties over its territorial waters, contiguous zone, exclusive economic zone (EEZ), and continental shelf under UNCLOS provisions.
• ⚖️ Within territorial waters, a coastal state can exercise criminal jurisdiction if the crime affects the state, disturbs public order, involves drug trafficking, or is requested by a ship’s master or agent.
• 📜 Civil jurisdiction in territorial waters applies only to vessels that have entered the state's internal waters, not to those merely passing through.
• 🚢 Coastal states may enact laws consistent with UNCLOS, and foreign vessels must comply with these regulations during innocent passage.
• 🧭 The coastal state can designate traffic separation schemes (TSS) and sea lanes for navigation, particularly for tankers and ships carrying hazardous materials.
• 🚫 The coastal state must not hamper innocent passage, impose discriminatory measures, or deny passage rights under international law.
• 🛡️ In the contiguous zone, the coastal state can prevent and punish infringements of customs, fiscal, immigration, and sanitary laws committed within its territory or territorial sea.
• ⚡ In the exclusive economic zone (EEZ), the coastal state has sovereign rights for exploring, exploiting, conserving, and managing natural resources, and generating energy from water, currents, and wind.
• 🏝️ Coastal states can build artificial islands, establish safety zones (up to 500 meters), and must provide notice and navigation warnings regarding such structures.
• 🎣 The coastal state can regulate fisheries within its EEZ, issue licenses, and impose penalties for violations of fishery laws.
• ⛏️ Over the continental shelf, the coastal state has exclusive rights to explore and exploit natural resources of the seabed and subsoil, including minerals and living organisms.
• 🛠️ Only the coastal state may authorize drilling on its continental shelf; no other entity can do so without explicit consent.

Q & A

What rights does a coastal state have over its territorial waters?

A coastal state has the right to exercise both criminal and civil jurisdiction over its territorial waters, as well as to adopt and enforce laws in conformity with the provisions of UNCLOS.

Under what circumstances can a coastal state exercise criminal jurisdiction over a foreign vessel in its territorial waters?

A coastal state may exercise criminal jurisdiction if the crime’s result extends to the coastal state, if the crime disturbs its peace and good order, if the ship’s master or agent requests intervention, or to suppress illicit drug trafficking.

When can a coastal state exercise civil jurisdiction over a foreign ship in its territorial waters?

Civil jurisdiction can only be exercised over ships that have entered the coastal state's internal waters and established contact with local civilians. It cannot stop or divert foreign ships merely passing through for civil cases.

What responsibilities does a coastal state have regarding innocent passage through its territorial sea?

A coastal state must not hamper innocent passage, impose unreasonable requirements that deny the right of passage, or discriminate among ships. It must also publicize any navigational dangers within its territorial sea.

What laws and regulations can a coastal state make for navigational purposes in its territorial sea?

A coastal state can establish Traffic Separation Schemes (TSS), sea lanes, and navigational rules that must be complied with by foreign vessels, especially tankers, nuclear ships, or those carrying dangerous goods.

What are the rights of a coastal state in its contiguous zone?

In the contiguous zone, a coastal state may exercise control to prevent and punish infringements of its customs, fiscal, immigration, and sanitary laws within its territory or territorial sea.

What sovereign rights does a coastal state have in its Exclusive Economic Zone (EEZ)?

The coastal state has sovereign rights for exploring, exploiting, conserving, and managing natural resources; conducting economic activities such as energy production; building artificial islands; performing scientific research; and protecting the marine environment.

What duties must a coastal state fulfill in its Exclusive Economic Zone (EEZ)?

A coastal state must give due notice of construction of artificial islands or structures, establish safety zones (not exceeding 500 meters), license fishing activities, and enforce penalties for violations of fishery laws.

What rights does a coastal state have over its continental shelf?

The coastal state exercises exclusive sovereign rights over the continental shelf for exploring and exploiting its natural resources, including minerals and other living and non-living resources of the seabed and subsoil.

Can other nations explore or exploit the continental shelf without the coastal state's consent?

No. Only the coastal state has the right to authorize and regulate activities such as drilling or resource extraction on the continental shelf. Others may not undertake such actions without explicit consent.

Why are coastal states often strict about fishing in their waters?

Because coastal states regulate and license fishing within their Exclusive Economic Zone (EEZ), unauthorized fishing is considered a violation of local fishery laws and can result in penalties or fines.

How does UNCLOS influence the rights and duties of coastal states?

UNCLOS provides the legal framework that defines and limits the rights and responsibilities of coastal states over territorial waters, the contiguous zone, the EEZ, and the continental shelf to ensure fair use and protection of marine resources.