Law of the sea Study Guide

📖 Core Concepts Law of the Sea – International law (mainly UNCLOS) that sets out the rights & duties of states over oceans (navigation, resources, jurisdiction). Baseline – The line (usually the low‑water mark) from which all maritime zones are measured. Territorial Sea – Up to $12$ nautical miles (nm) from the baseline; the coastal state has full sovereignty (subject to the right of innocent passage). Exclusive Economic Zone (EEZ) – Extends to $200$ nm; the coastal state has exclusive rights to fisheries, minerals, and seabed resources, but other states retain freedom of navigation. Continental Shelf – The seabed and subsoil that are a natural extension of the landmass; rights may extend beyond $200$ nm if the “natural prolongation” continues. Innocent Passage – The right of any vessel to transit a coastal state's territorial sea (and EEZ) so long as it does not threaten the state’s security or breach its laws. Deep‑Seabed Mining Regime – A “common heritage of mankind” system administered by the International Seabed Authority (ISA) for the area beyond national jurisdiction. Key Institutions – International Maritime Organization (IMO), International Seabed Authority (ISA), International Tribunal for the Law of the Sea (ITLOS). --- 📌 Must Remember UNCLOS entry into force: 16 Nov 1994 (after Guyana, the 60th ratifying state). Territorial sea limit: $12$ nm (full sovereignty). EEZ limit: $200$ nm (exclusive resource rights). Cannon‑Shot Rule: Early limit of $3$ nm (≈ 5.6 km) – historical baseline, now superseded. Freedom of the seas – Oceans are open to all states; no state can claim sovereignty over high seas. Innocent passage applies to both territorial seas and EEZs, even for warships, provided no threat is posed. U.S. status: Not a party to UNCLOS but treats its provisions as customary international law. --- 🔄 Key Processes Establishing Maritime Zones Identify the baseline → measure outward $12$ nm → territorial sea. From the same baseline, measure outward $200$ nm → EEZ. Determine natural prolongation of the landmass → possible continental‑shelf extension beyond $200$ nm. Dispute Settlement under UNCLOS Step 1: Negotiation between parties. Step 2: If needed, mediation or good offices. Step 3: Arbitration (ad‑hoc or under a designated body). Step 4: Referral to ITLOS for adjudication. Deep‑Seabed Mining Authorization Submit exploration/exploitation plan to ISA → ISA reviews environmental impact → ISA issues contract/license → activities conducted under ISA oversight. --- 🔍 Key Comparisons Grotius (Mare Liberum) vs. Selden (Mare Clausum) – Grotius: Sea is free for all nations (common heritage). Selden: Sea can be owned like land (subject to sovereign control). Territorial Sea vs. EEZ – Territorial Sea: Full sovereignty, limited to $12$ nm. EEZ: Sovereign rights only to resources, not full sovereignty; extends to $200$ nm. UNCLOS‑I treaties (1958) vs. UNCLOS‑III (1982) – 1958: Separate conventions (Territorial Sea, Continental Shelf, High Seas, Fishing). 1982: Comprehensive, integrated treaty covering all zones, navigation, environment, etc. --- ⚠️ Common Misunderstandings “EEZ = territorial sea.” – EEZ grants only resource rights; navigation remains free. “Innocent passage is prohibited for warships.” – Warships may exercise innocent passage as long as they do not threaten security. “UNCLOS only applies to ratifying states.” – Many non‑ratifiers (e.g., USA) still follow its provisions as customary law. “The deep‑seabed area belongs to the nearest coastal state.” – It is beyond national jurisdiction and administered by the ISA as common heritage. --- 🧠 Mental Models / Intuition “Ocean onion layers” – Think of the baseline as the core, then peel outward: 12 nm (sauce) = full sovereignty, 200 nm (cheese) = exclusive resources, beyond = common heritage. “Cannon‑shot → satellite‑shot” – Early jurisdiction was limited by how far a cannon could fire; modern zones are set by international agreement, not technology limits. --- 🚩 Exceptions & Edge Cases Continental Shelf Extension: If geophysical data show the seabed is a natural prolongation, a state may claim rights beyond $200$ nm (subject to submission to the Commission on the Limits of the Continental Shelf). Military Activities in EEZ: Allowed, but must be “peaceful” and not threaten the coastal state; the line between “peaceful” and “threatening” can be contested. Non‑ratifying States’ Practices: The USA, for example, enforces many UNCLOS provisions domestically (e.g., EEZ claims) despite not being a party. --- 📍 When to Use Which Determine jurisdiction over a seabed resource? – Use continental‑shelf rules (natural prolongation, possible extension). Assess a vessel’s right to pass through a coastal sea? – Apply innocent passage analysis (check for threats or illegal activities). Resolve a boundary dispute? – Follow UNCLOS dispute‑settlement hierarchy (negotiation → mediation → arbitration → ITLOS). Evaluate mining rights on the high seas? – Refer to the ISA deep‑seabed mining regime. --- 👀 Patterns to Recognize “12‑nm / 200‑nm” pattern – Whenever a question mentions a distance from coast, map it to territorial sea (12 nm) or EEZ (200 nm). “Freedom of navigation vs. sovereign rights” – High‑seas questions usually test the freedom principle; coastal‑state questions test territorial/EEZ rights. “Historical rule → modern limit” – References to the cannon‑shot rule signal a shift to the modern UNCLOS limits. --- 🗂️ Exam Traps Trap: “A warship may be denied innocent passage in an EEZ.” Why tempting: Many think military vessels are excluded. Correct: Warships enjoy innocent passage as long as they do not threaten security. Trap: “The deep‑seabed is part of the continental shelf of the nearest coastal state.” Why tempting: Confuses continental shelf (national) with the “Area” (beyond national jurisdiction). Correct: The “Area” is managed by the ISA as common heritage. Trap: “The U.S. is bound by UNCLOS because it follows its provisions.” Why tempting: The U.S. treats UNCLOS as customary law. Correct: The U.S. is not a party; it is only bound by customary international law, not the treaty’s binding obligations. Trap: “EEZ gives the coastal state full sovereignty over all activities.” Why tempting: EEZ is often conflated with territorial sea. Correct: EEZ provides exclusive rights to resources, not full sovereignty; navigation and overflight remain free.