Model Answer
0 min readIntroduction
Territorial waters are a crucial element of maritime law, defining the extent to which a coastal state exercises jurisdiction over adjacent seas. The United Nations Convention on the Law of the Sea (UNCLOS), 1982, is the cornerstone of international maritime law, defining territorial waters as extending up to 12 nautical miles from the baseline. Historically, the concept evolved from the traditional three-mile limit, with increasing recognition of coastal state rights. This question asks us to explore the spectrum of these rights, which are essential for understanding coastal state sovereignty and international maritime relations.
Defining Territorial Waters and Baseline
Before discussing rights, it's essential to define the baseline. This is the reference point from which the 12 nautical miles is measured. It can be the low-water line along the coast, or for deeply indented coastlines, straight baselines may be drawn connecting appropriate points. UNCLOS allows for this flexibility.
Rights of States over Territorial Waters
Coastal states possess a range of rights within their territorial waters, broadly categorized as sovereign rights, functional rights, and resource-related rights.
Sovereign Rights
- Complete Sovereignty: The state exercises full sovereignty, including the right to legislate and enforce laws.
- Flag Vessels: The state has the right to regulate the entry and stay of foreign vessels, subject to innocent passage.
- Criminal Jurisdiction: Limited criminal jurisdiction extends to offenses committed within territorial waters.
Functional Rights
- Safety of Navigation: The state has the right to regulate navigation to ensure safety and prevent pollution. This doesn't grant absolute control but a duty of care.
- Scientific Research: States can authorize scientific research, but it must be consistent with international law.
- Security: The right to protect its coastline from external threats, including the right to intercept vessels suspected of illegal activities.
Resource-Related Rights
- Fishing Rights: While the state has primary rights, it can grant fishing rights to foreign vessels under specific agreements. This is often a source of contention.
- Mineral Exploitation: The state has the right to explore and exploit mineral resources in its territorial waters.
| Right Category | Specific Right | Description |
|---|---|---|
| Sovereign | Flag Vessels Regulation | Control over entry and stay of foreign vessels. |
| Sovereign | Criminal Jurisdiction | Limited jurisdiction over crimes committed within the territory. |
| Functional | Safety of Navigation | Right to regulate navigation for safety. |
| Functional | Scientific Research | Authorization of scientific research. |
| Resource | Fishing Rights | Primary right to regulate fishing activities. |
| Resource | Mineral Exploitation | Right to explore and exploit mineral resources. |
Limitations and International Conventions
While states have these rights, they are not absolute. The principle of "innocent passage" dictates that foreign vessels must be allowed unimpeded passage through territorial waters, provided they do not engage in activities prejudicial to the peace, order, or safety of the coastal state. UNCLOS provides the framework, but interpretations and disputes often arise. The Exclusive Economic Zone (EEZ), extending 200 nautical miles from the baseline, grants further rights related to resource exploitation but with different limitations on sovereignty.
Case Study: South China Sea Dispute
The South China Sea dispute exemplifies the complexities of territorial waters. Several countries claim overlapping rights, leading to tensions and legal challenges. China's expansive claims and construction of artificial islands within what other nations consider their territorial waters have significantly strained international relations and highlighted the limitations of international law in resolving such disputes.
Conclusion
In conclusion, coastal states possess a comprehensive set of rights over their territorial waters, ranging from sovereignty to resource exploitation. These rights are defined and regulated by international conventions like UNCLOS, but are not without limitations, particularly concerning innocent passage and the rights of other nations. The ongoing disputes in regions like the South China Sea underscore the need for continued dialogue and adherence to international law to ensure the peaceful use of the 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.