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A PRESENTATION
Submitted To: Dr. Prakash.C.Jha Research Supervisor Submitted By: Abhinav Gupta i.B.A.LL.B(Hons.) 10TH SEMESTER
AREA OF INTEREST
DISSERTATION TITLE
OBJECTIVES OF DISSERTATION
To ascertain the existing international law on the sea. To identify the gaps and ambiguities in the law relating to sea. To critically examine consistency, coherence and stability of the law relating to the sea and oceans . To enquire whether the law on the sea is serving the needs of the world of nations, big or small.
OBJECTIVES OF DISSERTATION
To make suggestions for improvements in the law of the sea.
To predict prospective future trends for the law relating to sea.
SCHEME OF DISSERTATION
Keeping the other preliminaries at bay, the dissertation is subdivided into
> 9 chapters,
> 2 annexes.
STATEMENT OF PROBLEMS
Examine the genesis and evolution of the existing international law on the sea. What was the need to codify the international law on the seas and oceans of the world ? What are those codified laws that govern the sea and ocean regime ? and what is their applicability? Principally, Who and how are these laws administered and enforced ? Explain the institutional and judicial development of the Law of the Sea ? What are the current trends on settlement of sea related disputes ? How can it be amicably resolved without the use of force ? Explain prospective suggestions for amendment in the Law of the sea and the Future of the law of the sea.
HYPOTHESIS
It is hypothesised that the decision of the UNGA in 1970 to convene a conference to negotiate a new international framework on law of the sea may be a beginning to a strong legal regime on the seas and oceans. It is posited that the conventional law of the sea may be developed by codification and practice.
HYPOTHESIS (Contd.)
It is also, posited that the law of the sea may control the arbitrary and illegal uses of the sea. It may be hypothesised that the law of the sea shall ever establish a peaceful world order for successive future generations to come.
RESEARCH METHODOLOGY
The methodology used in this dissertation is as under:
The research applied in this dissertation is doctrinal . Meaning, thereby, that mostly international treaties, agreements, statutes, books and articles are used for giving substance to the dissertation.
RESEARCH DESIGN
The research designed in formulating the ideas while drafting the dissertation on the subject, Law of the Sea, is mostly descriptive and explanatory.
Questions are pertinently asked and attempts of giving the reasonable solutions have been thoroughly incorporated in the dissertation.
Critically analysis and data collection through various sources i.e. both Primary and Secondary sources of data research.
INTRODUCTION TO SEA
Geographically, the SEAS around the world are an expanse of salt water that covers most of the earth's surface and surround its land masses.
The Law of the Sea treats all oceans as Seas.
Andaman Sea Bering Sea, Arabian Sea, Mediterranean Sea are some of the well known examples of sea.
MARITIME BOUNDARIES
INTERNAL WATERS
Covers all water and waterways on the landward side of the baseline. The coastal state is free to set laws, regulate use, and use any resource.
TERRITORIAL SEA
Out to 12 nautical miles (22 kilometres; 14 miles) from the baseline, the coastal state is free to set laws, regulate use, and use any resource. Vessels were given the right of innocent passage through any territorial waters, with strategic straits allowing the passage of military craft as transit passage, in that naval vessels are allowed to maintain postures that would be illegal in territorial waters. "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 temporarily suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the protection of its security.
CONTIGUOUS ZONE
Beyond the 12-nautical-mile (22 km) limit, there is a further 12 nautical miles (22 km) from the territorial sea baseline limit. Here, a state can continue to enforce laws in four specific areas: customs, taxation, immigration and pollution, If the infringement started within the state's territory or territorial waters, or if this infringement is about to occur within the state's territory or territorial waters. This makes the contiguous zone a hot pursuit area.
CONTINENTAL SHELF
It is defined as the natural prolongation of the land territory to the continental margins outer edge, or 200 nautical miles (370 km) from the coastal state's baseline, whichever is greater. A state's continental shelf may exceed 200 nautical miles (370 km) until the natural prolongation ends. However, it may never exceed 350 nautical miles (650 kilometres; 400 miles) from the baseline; or it may never exceed 100 nautical miles (190 kilometres; 120 miles) beyond the 2,500 meter isobaths (the line connecting the depth of 2,500 meters). Coastal states have the right to harvest mineral and non-living material in the subsoil of its continental shelf, to the exclusion of others. Coastal states also have exclusive control over living resources "attached" to the continental shelf, but not to creatures living in the water column beyond the exclusive economic zone.
INTEGRAL AGREEMENTS
IMPLEMENTING AGREEMENTS ON PART IX OF THE 1982 UNCLOS.
STRADDLING FISH STOCKS AGREEMENT
CONCLUSION
This dissertation addresses the process of international law making in the context of law of the sea.
The 1982 LOS Convention and the two implementing agreements creates a universal legal order for the oceans.
The law of the sea must continue to evolve. It is the progressive development of the law of the sea in the wake of the LOS Convention which forms the primary subject of investigation in this dissertation.