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

Summary

This lecture explores the complexities of maritime boundaries and the law of the sea, focusing on situations that often lead to disputes between coastal states. It covers the process of determining maritime boundaries, such as constructing median lines and dealing with islands or disputed territories. Through examples like the South China Sea and hypothetical territorial disputes, the lecture highlights how sovereignty over islands can impact maritime zones and resources. It also introduces mechanisms for resolving disputes, such as international tribunals and arbitration, while emphasizing the challenges and potential conflicts inherent in these processes.

Takeaways

• 😀 The determination of maritime boundaries often requires the construction of a median line when coastal states are less than 400 nautical miles apart.
• 😀 Maritime boundaries can be contentious due to valuable marine resources, and disagreements can arise when defining these limits.
• 😀 Islands play a crucial role in extending maritime zones, as they can generate their own exclusive economic zones (EEZs).
• 😀 The sovereignty of islands, especially those in disputed territories, often leads to political and military tensions between coastal states.
• 😀 Disputed sovereignty over islands, such as those in the South China Sea, complicates the determination of maritime boundaries and access to resources.
• 😀 A median line is drawn to find the midpoint between the baselines of two coastal states, helping determine the international boundary.
• 😀 The baseline is the reference point from which maritime zones are measured, and its location can greatly influence the size of a state's maritime claim.
• 😀 Overseas territories and islands can significantly increase a coastal state's maritime zones, offering greater access to resources and military influence.
• 😀 Disputes over maritime zones often involve strategic and economic interests, such as access to oil or military positioning.
• 😀 Resolving maritime boundary disputes often involves lengthy processes such as hydrographic surveys, geospatial analysis, and political negotiation, with formal arbitration being a common method.
• 😀 The Law of the Sea provides a structured framework for resolving maritime disputes, but the outcomes can be contested, and affected states may not accept the decisions.

Q & A

What is the focus of this lecture on maritime zones and the law of the sea?

The lecture focuses on maritime boundaries and disputes between coastal states over the location of their maritime boundaries.

What are the learning outcomes for this lecture?

The learning outcomes are to understand the mechanism for the determination of maritime boundaries, appreciate that the determination can generate disputes, and recognize the mechanisms through which maritime boundary disputes are resolved.

Why is the determination of maritime boundaries a topic that often generates conflict?

The determination of maritime boundaries can generate conflict because the resources in maritime zones are valuable, and the authority over marine space is critical for the protection and security of coastal states.

What are the three situations where the application of the law of the sea can be challenging in determining maritime boundaries?

The three challenging situations are: when coastal states are less than 400 nautical miles apart, when maritime zones can be expanded by the existence of islands, and when the land from which maritime zones are defined is of disputed sovereignty.

How is a median line constructed when coastal states are less than 400 nautical miles apart?

A median line is constructed by first identifying the baseline of each coastal state, then drawing lines from each baseline across the shared marine space. The midpoint between the two baselines is the median line, which becomes the international maritime boundary.

What role do islands play in the determination of maritime zones?

Islands can claim their own maritime zones according to the law of the sea, whereas rocks or artificial islands do not have maritime zones. Islands can significantly expand a country's maritime zone, which affects resources, military influence, and economic opportunities.

What is the difference between islands and rocks in terms of maritime zones?

Islands, defined as naturally formed areas of land that are above water at high tide, can generate their own maritime zones. Rocks, which cannot sustain human habitation or economic life, do not have maritime zones.

How do overseas territories impact a country's maritime area?

Overseas territories can greatly expand a country’s maritime area, as seen with Portugal and France, where their islands and overseas territories contribute significantly to their Exclusive Economic Zones (EEZs), sometimes even more than their mainland.

What is the significance of disputed sovereignty over islands, such as in the South China Sea?

Disputed sovereignty over islands, such as the Spratly Islands, complicates the determination of maritime boundaries, as countries with competing claims over these territories also vie for access to valuable resources and strategic military advantages in the surrounding maritime zones.

How does the law of the sea address disputes over sovereignty of islands?

The law of the sea provides formal mechanisms for resolving disputes over sovereignty, including the International Tribunal for the Law of the Sea, the International Court of Justice, arbitral tribunals, and special arbitral tribunals. However, the resolution process can be slow and may not always be accepted by the parties involved.