UNCLOS - Maritime law

 UNCLOS

• United Nations Convention on the Laws of Seas (UNCLOS) is also known as the Law of the Sea Convention or the Law of the Sea Treaty.
• This defines the rights and responsibilities of nations towards the use of the world’s oceans.
• The Convention started in 1973 and concluded in 1982, replacing four older treaties of 1958.
• UNCLOS came into force in 1994.
  

UNCLOS 1982, divides marine areas into various zones namely

1. Internal Waters, 
2. Territorial Sea, 
3. Contiguous Zone, 
4. Exclusive Economic Zone (EEZ),
5. Continental shelf,
6. High Seas.

• UNCLOS decides the Coastal State’s jurisdiction in the waters mentioned above.
• None of the above zones are compulsory.
• Each coastal state has an option to adopt them or not.
• The Coastal State cannot impose similar sovereignty (supreme power of authority) in all the zones, as it has limited rights.

Maritime Zones defined by UNCLOS:

Baseline:

• The baseline is the low water line along the coast as marked on large-scale charts officially recognized by the coastal State.

Internal Waters:

• Covers all water and waterways on the landward side of the baseline.
• Internal waters include bays, ports, inlets, rivers and even lakes that are connected to the sea.
• The coastal state full sovereignty as like its land.
• Foreign Ships doesn't have a right to innocent passage.

Territorial sea:

• Extends up to 12nm form the base line.
• The coastal state have a sovereignty and jurisdiction over territorial sea.
• These rights extend not only on the surface but also to the seabed, subsoil, and even airspace.
• Foreign Ships were given the right to “innocent passage” through any territorial waters.

Contiguous zone:

• Extends up to 24nm form the base line, between (12nm - 24nm).
• Foreign ships can pass through this region, ensuring that comply with the right to innocent passage.
• The coastal state has the right to both prevent and punish infringement of  customs, fiscal, immigration, and sanitary laws within its contiguous zone.
• Like the territorial sea, the contiguous zone only gives jurisdiction to a state on the ocean’s surface and floor. 
• It does not provide air and space rights.

Exclusive Economic Zone (EEZ):

• Extends up to 200nm form the base line, between (12nm - 200nm).
• Sovereign rights for the purpose of exploring, exploiting, conserving and managing natural resources, whether living or nonliving, of the seabed and subsoil.
• Rights to carry out activities like the production of energy from the water, currents and wind.
• It does not give a coastal state the right to prohibit or limit freedom of navigation or overflight.

Continental shelf:

• Extends up to 350nm from the base line, between (12nm - 350nm).
• Any resources which are "attached" to the seabed will remain the right to the resource for the coastal water.
• However resources which are "not connected" to seabed in the continental shelf comes under international waters.

High seas:

• Beyond 350nm from the baseline.
• The coastal state have no right to claim.
• Ships have freedom to navigate, researches, fishing, lay submarine cables, etc.,

What is right to innocent passage?

• Innocent passage" is defined by the convention as passing through waters in an expeditious and continuous manner, which is not "prejudicial to the peace, good order or the security" of the coastal state. 
• Fishing, polluting, weapons practice, and spying are not "innocent", and submarines and other underwater vehicles are required to navigate on the surface and to show their flag. 
• Nations can also temporarily suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the protection of its security.