Model Answer
0 min readIntroduction
The Law of the Sea, codified in the United Nations Convention on the Law of the Sea (UNCLOS), 1982, is the international treaty governing ocean use. It establishes a legal framework for all marine and maritime activities, including navigation, fishing, resource exploration, and scientific research. The Convention, often referred to as the "Constitution for the Oceans," aims to balance the rights of coastal states and the interests of the international community. Recent events, like disputes over fishing rights in the South China Sea and the increasing importance of seabed mining, underscore the ongoing relevance and challenges posed by the LOS. This answer will explain the main features of the Law of the Sea and differentiate between the jurisdiction over Territorial Sea and Exclusive Economic Zone.
Main Features of the Law of the Sea (UNCLOS 1982)
UNCLOS 1982 divides the ocean into distinct zones, each with its own legal regime:
- Internal Waters: These are waters under the sovereignty of a state, including ports, harbors, and rivers. A state has complete control over its internal waters.
- Territorial Sea: Extending up to 12 nautical miles from the baseline, the territorial sea is under the sovereignty of the coastal state. It has the same rights as the land territory. However, it must allow innocent passage for foreign vessels.
- Contiguous Zone: Extends up to 24 nautical miles from the baseline. The coastal state has the right to prevent and punish violations of its customs, fiscal, immigration, and health laws within this zone.
- Exclusive Economic Zone (EEZ): Extends up to 200 nautical miles from the baseline. The coastal state has sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, living or mineral, of the waters column and seabed, and other jurisdiction over other activities within its EEZ.
- High Seas: All parts of the ocean not included in the EEZ or other zones are considered the high seas. They are open to all states.
- International Seabed Authority (ISA): UNCLOS established the ISA to regulate seabed mining in the Area (the seabed beyond national jurisdiction).
- Dispute Resolution: UNCLOS provides mechanisms for resolving disputes related to its interpretation and application, including the International Tribunal for the Law of the Sea (ITLOS).
Territorial Sea vs. Exclusive Economic Zone (EEZ)
While both zones grant coastal states certain rights, their jurisdiction and responsibilities differ significantly. The following table highlights the key distinctions:
| Feature | Territorial Sea | Exclusive Economic Zone (EEZ) |
|---|---|---|
| Extent | Up to 12 nautical miles | Up to 200 nautical miles |
| Sovereignty | Full sovereignty of the coastal state | Sovereign rights, but with obligations to the international community |
| Rights of Coastal State | Complete control, including navigation (innocent passage) | Right to explore and exploit natural resources, manage marine environment, jurisdiction over scientific research |
| Rights of Other States | Right of innocent passage | Freedom of navigation and overflight |
| Law Enforcement | Coastal state has full law enforcement powers | Coastal state has jurisdiction, but must respect international law and the rights of other states |
| Military Activity | Prohibited without coastal state's consent | Generally prohibited, but exceptions exist for scientific research or search and rescue operations |
A key difference lies in the scope of rights. While the coastal state exercises full sovereignty over the Territorial Sea, the EEZ grants sovereign rights for specific purposes (resource exploitation, conservation, etc.), but with the obligation to ensure the protection and preservation of the marine environment and the rights of other states. For example, the coastal state in its EEZ can regulate fishing activities, including issuing licenses and setting quotas, whereas in the Territorial Sea, fishing by foreign vessels is generally prohibited.
The concept of "innocent passage" is crucial in the Territorial Sea. It allows foreign vessels to transit through the territorial sea without undue delay or restrictions, provided their passage is "innocent," meaning they do not engage in activities prejudicial to the peace, order, or security of the coastal state. Failure to adhere to innocent passage rules can lead to detention and potential legal action.
Contemporary Challenges
Despite the comprehensive nature of UNCLOS, several challenges remain:
- South China Sea Dispute: Overlapping claims and militarization of islands raise tensions and question the effectiveness of UNCLOS provisions.
- Seabed Mining: The potential for deep-sea mining raises environmental concerns and questions about equitable benefit sharing.
- Climate Change: Rising sea levels and ocean acidification are impacting coastal states and requiring adaptation measures.
- Enforcement: Lack of universal ratification and enforcement mechanisms weaken the convention’s effectiveness.
Conclusion
In conclusion, UNCLOS 1982 provides a vital legal framework for the sustainable use and management of the oceans. The distinction between the Territorial Sea and the Exclusive Economic Zone highlights the nuanced rights and responsibilities of coastal states and the international community. While UNCLOS has been instrumental in resolving many maritime disputes, emerging challenges like those in the South China Sea and the prospect of deep-sea mining necessitate ongoing efforts to strengthen its implementation and adapt to evolving circumstances. The principles enshrined in UNCLOS remain essential for ensuring peaceful and equitable access to the world's oceans.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.