Introduction to the Law of

the Sea
Prof. Dr. M. Gandhi,
Dean,VIT School of Law ,VIT
University, Chennai Campus
Chennai 600127

Salient aspects of UNCLOS

The United Nations Convention on
the Law of the Sea
lays down a comprehensive regime of law
and order in the world's oceans and seas
establishing rules governing all uses of
the oceans and their resources.
the notion that all problems of ocean
space are closely interrelated and need to
be addressed as a whole.

 the Convention codified numerous

maritime practices and norms related to
the worlds oceans and seas that
evolved over the course of 500 years.
For instance, the Convention regulates
access to and activities within the
various maritime zones such as the
territorial
sea,
continuous
zone,
continental shelf, exclusive economic
zone, and the high seas.
It also addresses the rights and
responsibilities of States parties in
exploring the many resources situated
below the ocean surface.

Baseline

12

24

WATER

200

350

LAND

Internal

Territorial

Contiguous

EEZ

Continental
Shelf
(Art. 76(5))

Image of Continental shrelf

 This Convention, which is often

referred to as the constitution of the
seas was opened for signature in
1982 and entered into force in 1994.
There are presently 167 States
parties to the UNCLOS.
Even the States which are not parties
to the Convention agreed to the
contents of the Convention and its
legality has never been questioned.

 The Convention is the product of 14

years of work of more than 150
countries
The Convention comprises 320 articles and
nine annexes, governing all aspects of
ocean space.
such as delimitation, environmental control,
marine scientific research, economic and
commercial activities, transfer of technology
and the settlement of disputes relating to
ocean matters

Territorial Sea
Coastal States exercise sovereignty over
their territorial sea which they have the
right to establish its breadth up to a limit
not to exceed 12 nautical miles; foreign
vessels are allowed "innocent passage"
through those waters;
Ships and aircraft of all countries are
allowed "transit passage" through straits
used for international navigation; States
bordering the straits can regulate
navigational and other aspects of passage;

 Coastal States have sovereign rights in a

200-nautical mile exclusive economic zone
(EEZ) with respect to natural resources and
certain economic activities, and exercise
jurisdiction over marine science research
and environmental protection;
All other States have freedom of navigation
and overflight in the EEZ, as well as
freedom to lay submarine cables and
pipelines

 Land-locked
and
geographically
disadvantaged States have the right to
participate on an equitable basis in
exploitation of an appropriate part of
the surplus of the living resources of
the EEZ's of coastal States of the same
region or sub-region; highly migratory
species of fish and marine mammals
are accorded special protection

 Coastal States have sovereign rights over the

continental shelf (the national area of the seabed)
for exploring and exploiting it; the shelf can extend
at least 200 nautical miles from the shore, and more
under specified circumstances (up to 350 NM)
Coastal States share with the international
community part of the revenue derived from
exploiting resources from any part of their shelf
beyond 200 miles;
The Commission on the Limits of the Continental
Shelf shall make recommendations to States on the
shelf's outer boundaries when it extends beyond
200 miles;

 All States enjoy the traditional freedoms of navigation,

overflight, scientific research and fishing on the high seas;
they are obliged to adopt, or cooperate with other States in
adopting, measures to manage and conserve living
resources.
States are bound to prevent and control marine pollution
and are liable for damage caused by violation of their
international obligations to combat such pollution;

All marine scientific research in the EEZ and on the

continental shelf is subject to the consent of the coastal
State, but in most cases they are obliged to grant consent to
other States when the research is to be conducted for
peaceful purposes and fulfils specified criteria;

 States Parties are obliged to settle by peaceful

means
their
disputes
concerning
the
interpretation or application of the Convention;
Disputes can be submitted to the International
Tribunal for the Law of the Sea established
under the Convention, to the International
Court of Justice, or to arbitration. Conciliation is
also available and, in certain circumstances,
submission to it would be compulsory. The
Tribunal has exclusive jurisdiction over deep
seabed
mining
disputes

Normal baselines

Delimitation of continental
shelf
General Principles

 Delimitation is to be effected by agreement on the basis

of international law.
As far as possible neither party should encroach on the
natural prolongation of the other (the principle of nonencroachment).
As far as possible, there should be no undue cut-off of
the seaward projection of the coast of either of the states
concerned.
Delimitation is to be effected by the application of
equitable criteria and by the use of practical methods
capable of ensuring, with regard to the geographical
configuration of the area and other relevant
circumstances, an equitable result.
There is a mild presumption that the equitable solution is
an equal division of the areas of overlap of the
continental shelves of the states in dispute

Relevant circumstances
The general configuration of the coasts of
the parties;
Disregarding or giving less than full effect to
incidental features (e.g. minor offshore
islands) which would otherwise have a
disproportionate effect on the delimitation;
Disparity of coastal lengths in the relevant
area;
The general geographical framework or
context;
The principles of equitable access to the
natural resources of the disputed area.

 The geological structure of the sea-bed and its

geomorphology (or surface features);
The conduct of the parties, such as the de facto line
produced by the pattern of grants of petroleum
concessions in the disputed area; such concessions
need to be, however, premised on express or tacit
agreement between the parties;
The incidence of natural resources in the disputed
area;
defence and security interests of the states in dispute;
navigational interests of the states in dispute;
consistency with the general direction of the land
boundary;
maritime delimitations already effected in the region.

Jurisdiction

Measurements of Areas of
Sea
Baseline
Territorial
Sea
12
24
Land

Internal
Waters

Water
Contiguous
Zone
High Seas
EEZ
200

Issues of Overlapping of EEZ and

between opposing or adjoining states

CS

By agreement
Median line/equidistance line
Application of equitable Principles
There are 14 decisions of ICJ dealing with this
issue (Equidistance special circumstances
rule)
Equidistance relevant circumstances rule
One decision by ITLOS dealt with this issue
(Myanmar v Bangladesh)

Indian Maritime boundary agreements

We have Maritime agreements with
all our neighbors except Bangladesh
and Pakistan.
Bangladesh- India Maritime boundary
has been settled recently by an
Arbitration.

Indo Bangla delimitation

under ChVII arbitration

Territorial Sea
Overview

1.
2.
3.
4.

Sovereign authority
Breadth & Measurement
Rights of Ships (innocent passage)
Rights and jurisdiction of coastal
state

Territorial Sea
Sovereignty, subject to the Law of the
Sea Convention (Art. 2)
1. The sovereignty of a coastal State extends, beyond its
land territory and internal waters and, in the case of an
archipelagic State, its archipelagic waters, to an adjacent
belt of sea, described as the territorial sea.
2. This sovereignty extends to the air space over the
territorial sea as well as to its bed and subsoil.
3. The sovereignty over the territorial sea is exercised
subject to this Convention and to other rules of international
law.

Territorial Sea
Breadth (Art. 3)
Up to 12 nautical miles from baseline

Measurement baseline (Art. 5):

Except where otherwise provided in this Convention, the
normal baseline for measuring the breadth of the
territorial sea is the low-water line along the coast as
marked on large-scale charts officially recognized by the
coastal State.

Territorial Sea

Rights of Ships innocent passage (Arts 17-18)

Art. 17: Subject to this Convention, ships of all Statesenjoy the right of
innocent passage through the territorial sea.
Art. 18: 1. Passage means navigation through the territorial sea for the
purpose of:
(a) traversing that sea without entering internal waters or calling at a
roadstead or port facility outside internal waters; or
(b) proceeding to or from internal waters or a call at such roadstead or
port facility.
2. Passage shall be continuous and expeditious. However, passage
includes stopping and anchoring, but only in so far as the same are
incidental to ordinary navigation or are rendered necessary by force
majeure or distress or for the purpose of rendering assistance to
persons, ships or aircraft in danger or distress .

Territorial Sea
Meaning of Innocent Passage (Art. 19):
1. Passage is innocent so long as it is not prejudicial to the
peace, good order or security of the coastal State. Such
passage shall take place in conformity with this Convention
and with other rules of international law.
2. Passage of a foreign ship shall be considered to be
prejudicial to the peace, good order or security of the coastal
State if in the territorial sea it engages in any of the following
activities:
[Paraphrased: threat or use of force, weapon exercise,
espionage, launching or landing of aircraft or other military
device, violation of customs, fiscal, immigration or sanitary
laws, willful and serious pollution, fishing, research or
surveying activities, interfering with communications or
other facilities, or any other activity not having a direct
bearing on passage]

Territorial Sea
Rights and Jurisdiction of Coastal
State prevent or suspend innocent
passage

Art. 25(1): The coastal State may take the necessary

steps in its territorial sea to prevent passage which is not
innocent.

Art. 25(3): coastal state may temporarily suspend

innocent passage through specified areas of territorial sea.

Territorial Sea
Civil Jurisdiction in Relation to Foreign
Ships (Art. 28)
1. The coastal State should not stop or divert a foreign ship
passing through the territorial sea for the purpose of
exercising civil jurisdiction in relation to a person on board
the ship.
2. The coastal State may not levy execution against or
arrest the ship for the purpose of any civil proceedings, save
only in respect of obligations or liabilities assumed or
incurred by the ship itself in the course or for the purpose of
its voyage through the waters of the coastal State.
3. Paragraph 2 is without prejudice to the right of the
coastal State, in accordance with its laws, to levy execution
against or to arrest, for the purpose of any civil proceedings,
a foreign ship lying in the territorial sea, or passing through
the territorial sea after leaving internal waters.

Territorial Sea
Criminal Jurisdiction on Board a Foreign
Ship (Art. 27)
1. The criminal jurisdiction of the coastal State should not be
exercised on board a foreign ship passing through the territorial
sea to arrest any person or to conduct any investigation in
connection with any crime committed on board the ship during
its passage, save only in the following cases:
(a) if the consequences of the crime extend to the coastal
State;
(b) if the crime is of a kind to disturb the peace of the
country or the good order of the territorial sea;
(c) if the assistance of the local authorities has been
requested by the master of the ship or by a diplomatic
agent or consular officer of the flag State; or
(d) if such measures are necessary for the suppression of
illicit traffic in narcotic drugs or psychotropic substances.

Exclusive Economic Zone

Overview

1. Specific legal regime special

nature
2. Breadth
3. Rights, jurisdiction of coastal state
4. Rights and duties of other states
5. Enforcement jurisdiction

Exclusive Economic Zone

Specific Legal Regime Created by
UNCLOS
Art. 55 - The exclusive economic zone is an area beyond and
adjacent to the territorial sea, subject to the specific legal
regime established in this Part, under which the rights and
jurisdiction of the coastal State and the rights and freedoms
of other States are governed by the relevant provisions of this
Convention.

Breadth
Art. 57 - The exclusive economic zone shall not extend
beyond 200 nautical miles from the baselines from which the
breadth of the territorial sea is measured.

Exclusive Economic Zone

Art. 56 - Rights, jurisdiction and
duties of the coastal State in the
EEZ

1. In the exclusive economic zone, the coastal State has:

(a) sovereign rights for the purpose of exploring and exploiting,
conserving and managing the natural resources, whether living or nonliving, of the waters superjacent to the seabed and of the seabed and its
subsoil, and with regard to other activities for the economic exploitation
and exploration of the zone, such as the production of energy from the
water, currents and winds;
(b) jurisdiction as provided for in the relevant provisions of this
Convention with regard to: (ii) marine scientific research; (iii) the
protection and preservation of the marine environment;
(c) other rights and duties provided for in this Convention.
2. In exercising its rights and performing its duties under this Convention
in the exclusive economic zone, the coastal State shall have due regard
to the rights and duties of other States .
3. The rights set out in this article with respect to the seabed and subsoil
shall be exercised in accordance with Part VI [Continental Shelf].

Exclusive Economic Zone

Art. 58 - Rights and duties of other
States in the EEZ

1. In the exclusive economic zone, all States, whether coastal or

land-locked, enjoy, subject to the relevant provisions of this
Convention, the freedoms referred to in article 87 of navigation and
overflight and of the laying of submarine cables and pipelines, and
other internationally lawful uses of the sea related to these
freedoms, such as those associated with the operation of ships,
aircraft and submarine cables and pipelines, and compatible with the
other provisions of this Convention.
2. Articles 88 to 115 [rights and duties on the high seas] and other
pertinent rules of international law apply to the exclusive economic
zone in so far as they are not incompatible with this Part.
3. In exercising their rights and performing their duties under this
Convention in the exclusive economic zone, States shall have due
regard to the rights and duties of the coastal State and shall comply
with the laws and regulations adopted by the coastal State in
accordance with the provisions of this Convention and other rules of
international law in so far as they are not incompatible with this Part.

Exclusive Economic Zone

Art. 73 - Enforcement of laws and
regulations of the coastal State

1. The coastal State may, in the exercise of its sovereign rights to

explore, exploit, conserve and manage the living resources in the
exclusive economic zone, take such measures, including boarding,
inspection, arrest and judicial proceedings, as may be necessary to
ensure compliance with the laws and regulations adopted by it in
conformity with this Convention.
2. Arrested vessels and their crews shall be promptly released upon
the posting of reasonable bond or other security.
3. Coastal State penalties for violations of fisheries laws and
regulations in the exclusive economic zone may not include
imprisonment, in the absence of agreements to the contrary by the
States concerned, or any other form of corporal punishment.
4. In cases of arrest or detention of foreign vessels the coastal State
shall promptly notify the flag State, through appropriate channels, of
the action taken and of any penalties subsequently imposed.

Continental Shelf
Overview

1.
2.
3.
4.

Measuring & isobath rule

Rights of coastal state
Legal status of waters and airspace
Rights and freedoms of other states

Continental Shelf
General Measurements

Continental Shelf
Isobath Rule

Continental Shelf
Art. 77 - Rights of the coastal State
over the continental shelf

1. The coastal State exercises over the continental shelf sovereign rights
for the purpose of exploring it and exploiting its natural resources.
2. The rights referred to in paragraph 1 are exclusive in the sense that if
the coastal State does not explore the continental shelf or exploit its
natural resources, no one may undertake these activities without the
express consent of the coastal State.
3. The rights of the coastal State over the continental shelf do not depend
on occupation, effective or notional, or on any express proclamation.
4. The natural resources referred to in this Part consist of the mineral and
other non-living resources of the seabed and subsoil together with living
organisms belonging to sedentary species, that is to say, organisms
which, at the harvestable stage, either are immobile on or under the
seabed or are unable to move except in constant physical contact with
the seabed or the subsoil.

Continental Shelf
Art. 78 - Legal status of the
superjacent waters and air space and
the rights and freedoms of other
States
1. The rights of the coastal State over the continental shelf
do not affect the legal status of the superjacent waters or of
the air space above those waters.
2. The exercise of the rights of the coastal State over the
continental shelf must not infringe or result in any
unjustifiable interference with navigation and other rights
and freedoms of other States as provided for in this
Convention.

ITLOS
The ITLOS functions as one of four dispute resolution
mechanisms in matters concerning the Conventions
interpretation and application. If direct talks between parties to
a dispute fail to produce a settlement, either party may submit
the matter to the ITLOS or to one of the other three
compulsory dispute resolution mechanisms set forth in Article
287 of the Convention.
Since it became fully operational at the end of 1996, Eighteen
cases have been submitted to the ITLOS. Its proceedings,
which are open to the public, consist of written and oral stages
and are conducted in either English or French, the official
languages of the Tribunal.

Composition
The ITLOS is made up of the Judges Chambers (main
Tribunal, Seabed Disputes Chamber, and special chambers),
and the Registry. The competencies of these organs are set
forth in the Convention, the Tribunal Statute, Rules of
Procedures, and other documents.
The Tribunal is composed of 21 judges who are elected for a
renewable nine year term at a meeting of States parties by
secret ballot from a list of nominees.
According to Article 2 of the Statute, all nominees shall have
the highest reputation for fairness and integrity and of
recognized competence in the field of the law of the sea.

Quorum
A quorum of at least 11 members is necessary to constitute the
Tribunal and hear disputes that fall within its general subject
matter jurisdiction in accordance with the Convention.
The ITLOS is also composed of a special chamber of judges,
the Seabed Disputes Chamber (SBDC), whose 11 members
resolve disputes involving the use of the resources found
within the International Seabed Area.
Other special chambers, composed of between 3 to 7
members, may be constituted to hear disputes on summary
procedure, fisheries disputes, marine environment disputes,
and other cases on the request of the parties.

Jurisdiction
All disputes over the interpretation or application of the UNCLOS fall within
the Tribunals jurisdiction provided local remedies have been exhausted in
accordance with international law. Similarly, the Tribunal has jurisdiction over
disputes involving an international agreement related to the purposes of the
Convention. In both instances, the parties to the dispute must first agree to the
Tribunals jurisdiction either through a declaration or special agreement.
The Seabed Dispute Chamber has jurisdiction over disputes involving the
Convention and the Agreement Relating to the Implementation of the Part XI
of the Convention and may issue advisory opinions on legal issues related to
seabed activities upon the request of the General Assembly, Security Council,
and the International Seabed Authority.
In addition to interpreting and applying the UNCLOS, the Tribunal may also
rely on principles of international law and the regulations of the International
Seabed Authority when deciding disputes and applications.

Other than dispute

settlement
Advisory Opinion
Provisional measures
Preventive Measures
Non State entities can be parties.

Cases dealt
Since 1998, when it received its first case, a total of 18
cases have been filed. Of these, 13 have been resolved, two
were discontinued and the last three cases, instituted in the
past 12 months, are under way.

Of the 13 cases that have been resolved, eight were prompt

release cases, four involved provisional measures pending
the constitution of an Annex VII arbitral tribunal and one
dealt with compensation for the illegal arrest of vessel.
The majority of these cases concerned prompt release of
vessels and crews detained for alleged violation of coastal
States fisheries regulations in the exclusive economic zone.
The Tribunal has developed a substantial corpus of
jurisprudence in this regard.

On 14 March 2012, the Tribunal gave a judgment in its first maritime delimitation
case. With regard to the continental shelf beyond 200 nautical miles, the Tribunal
first established that it had jurisdiction to delimit the continental shelf in its
entirety. It then examined questions relating to, inter alia, the Parties entitlements
to a continental shelf beyond 200 nautical miles, and the meaning of natural
prolongation and how it inter-relates with that of continental margin. From this
examination, the Tribunal concluded that the Parties had overlapping entitlements
to the continental shelf beyond 200 nautical miles and the Tribunal proceeded to
effect the delimitation. In this connection the Tribunal stated:
Article 83 of the Convention applies equally to the delimitation of the continental
shelf
both
within
and
beyond
200
[nautical
miles].

 The

Tribunal

further

observed:

the delimitation method to be employed in the

present case for the continental shelf beyond
200 nautical miles should not differ from that
within 200 [nautical miles]. Accordingly, the
equidistance/ relevant circumstances method
continues to apply for the delimitation of the
continental shelf beyond 200 [nautical miles].

Concluding Observations
The Montego Bay Convention establishes a
comprehensive, very detailed legal regime. It
must be read and applied carefully.
It creates several new, specially-regulated
areas.
It balances the rights of coastal states with
the rights of ocean users (other states, ships).
Overall the general pattern of UNCLOS is
that the closer one is to shore, the more
rights possessed by the coastal state; the
more distant one is from shore, the more
rights go to ocean users (ships, other
vessels).