2. Maritime zones and the Law of the Sea (part 1)

Summary

This lecture introduces the United Nations Convention on the Law of the Sea (UNCLOS), focusing on the identification of baselines and maritime zones. It explains the historical need for a legal framework to regulate marine activities and the establishment of maritime zones like internal waters, territorial seas, and exclusive economic zones (EEZ). The lecture covers the legal rights and responsibilities of coastal states, environmental protection measures, and marine data collection essential for effective law implementation. It emphasizes the challenges of protecting biodiversity in areas beyond national jurisdiction and highlights the importance of accurate marine spatial data for global maritime governance.

Takeaways

• 😀 The United Nations Convention on the Law of the Sea (UNCLOS) was established to create a universal set of rules for managing the world's oceans and marine activities.
• 😀 UNCLOS entered into force in 1994 after being ratified by 60 countries, aiming to promote peaceful, equitable, and sustainable use of the seas.
• 😀 The Law of the Sea provides a comprehensive framework for regulating ocean space, its resources, and its uses, including the protection of the marine environment.
• 😀 The baseline is the starting point from which all maritime zones are measured, and it plays a critical role in defining the boundaries of various zones.
• 😀 There are multiple maritime zones under UNCLOS, including internal waters, territorial seas, contiguous zones, exclusive economic zones (EEZ), continental shelves, and high seas.
• 😀 Internal waters are areas within the baseline, and they are treated the same as land within a country's national borders.
• 😀 The territorial sea extends up to 12 nautical miles from the baseline, where the coastal state has full sovereignty, including over airspace and subsoil.
• 😀 The contiguous zone extends from the territorial sea, up to 24 nautical miles, allowing states to regulate activities that could affect their territorial waters.
• 😀 The exclusive economic zone (EEZ) extends to 200 nautical miles, granting coastal states rights over natural resources, including fisheries and seabed exploration.
• 😀 The high seas, or areas beyond national jurisdiction, account for 64% of the ocean's surface and are considered global commons, requiring cooperative management to protect biodiversity and prevent overexploitation.

Q & A

What is the primary purpose of the United Nations Convention on the Law of the Sea (UNCLOS)?

The primary purpose of UNCLOS is to establish a legal order for the seas and oceans that facilitates international communication, promotes peaceful use of the seas, ensures equitable use of resources, and protects the marine environment.

Why was the law of the sea needed before the United Nations Convention on the Law of the Sea (UNCLOS)?

Before UNCLOS, the management of the seas was chaotic, with each country determining its own maritime laws. This led to uncertainty and risks for vessels passing through different countries' waters, as there was no consistency in the rules governing marine activities.

What are the main maritime zones defined under UNCLOS?

The main maritime zones defined under UNCLOS include internal waters, territorial sea, contiguous zone, exclusive economic zone (EEZ), continental shelf, and the high seas.

How does the baseline affect the measurement of maritime zones?

The baseline is used to measure all maritime zones. It is typically drawn along the low-water line of a coast but can be adjusted to straighten out indented coastlines. This baseline is critical for measuring the distance of maritime zones from the coast.

What is the territorial sea, and what rights does a coastal state have over it?

The territorial sea extends from the baseline up to 12 nautical miles. A coastal state has sovereignty over this zone, including the airspace, the water column, the seabed, and the subsoil beneath the seabed. Foreign ships are allowed innocent passage through it.

What is the role of the contiguous zone?

The contiguous zone extends from 12 nautical miles to 24 nautical miles from the baseline. It allows coastal states to enforce laws and regulations to prevent infringements in the territorial sea, serving as a buffer zone.

What rights does a coastal state have in its exclusive economic zone (EEZ)?

In its EEZ, which extends from the baseline to 200 nautical miles, a coastal state has sovereign rights for exploring, exploiting, conserving, and managing natural resources. This includes both living and non-living resources in the water column, seabed, and subsoil.

What is the extended continental shelf, and how does it relate to the EEZ?

The extended continental shelf refers to the part of the continental shelf that extends beyond the 200 nautical miles of the EEZ. A coastal state can claim this area if it provides evidence through marine mapping, but the maximum limit is 350 nautical miles from the baseline.

How are international straits managed under the law of the sea?

International straits, narrow channels between two coastal states, allow vessels to pass through in a continuous and expeditious manner without unrelated activities. Coastal states can impose regulations like traffic separation schemes to manage the strait.

What challenges do the high seas face, and why are they significant under UNCLOS?

The high seas, or areas beyond national jurisdiction, are under increasing pressure due to human activities like fishing, habitat degradation, and mineral exploitation. They are considered global commons, and their biodiversity protection is a growing concern, requiring stronger management and potential updates to UNCLOS.