Model Answer
0 min readIntroduction
The delineation of maritime zones is crucial for coastal state jurisdiction and international trade. Disputes over these zones frequently arise, underscoring the importance of understanding their legal basis. Territorial seas and inland waters represent distinct categories within a nation’s maritime domain. The United Nations Convention on Law of the Sea (UNCLOS), 1982, serves as the primary framework for defining these areas and regulating activities within them. This answer will distinguish between the two concepts, highlighting their characteristics and focusing on the internationally accepted breadth of territorial seas.
Defining Territorial Sea and Inland Waters
Territorial Sea: The territorial sea is a zone of water extending from the baseline from which the breadth of the territorial sea is measured. It’s part of the coastal state's territory, allowing it sovereign rights over the airspace above it and the seabed beneath. A coastal state can exercise control within its territorial sea but must allow for innocent passage of foreign ships.
Inland Waters: Inland waters are bodies of water lying wholly landlocked within a State, or communicating directly with the high seas or another state’s territory through less than 24 miles (approximately 44 km) of territorial sea. These include rivers, lakes, and canals. A state has full sovereignty over its inland waters, similar to its land territory.
Key Differences – A Comparative Table
| Feature | Territorial Sea | Inland Waters |
|---|---|---|
| Sovereignty | Coastal state has sovereign rights but must allow innocent passage. | Full sovereignty of the coastal state, akin to land territory. |
| Extent | Up to 12 nautical miles from baseline (can vary). | No specific limit; defined by geographical boundaries. |
| Foreign Vessels | Right of innocent passage allowed. | Generally restricted access for foreign vessels, subject to treaty obligations. |
| Legal Regime | Governed primarily by UNCLOS and customary international law. | Domestic laws of the state apply; no international legal constraints beyond treaty obligations. |
Breadth of Territorial Sea – International Acceptance
The 1982 United Nations Convention on Law of the Sea (UNCLOS) established a standard breadth for territorial seas. Article 2 of UNCLOS defines the baseline from which the measurement begins. The general rule is that a state’s territorial sea extends up to 12 nautical miles (approximately 22 km) from its baseline.
- Maximum Limit: While a maximum limit of 12 nautical miles is generally accepted, states can choose to fix their territorial sea at a narrower width.
- Straight Baselines: UNCLOS allows for the use of straight baselines in certain circumstances to measure the breadth of the territorial sea, particularly where a coastline is deeply indented or has islands close to the mainland. This practice is subject to limitations and interpretations.
- Disputes & Customary Law: Even though UNCLOS came into force on 16 November 1994, some states do not adhere to it. While customary international law supports a maximum of 12 nautical miles, there have been instances where states attempted to claim wider territorial seas, leading to disputes (e.g., China’s claims in the South China Sea).
Recent Developments and Challenges
Increased maritime traffic, resource exploitation (fishing, oil & gas), and geopolitical tensions are creating complex challenges regarding the interpretation and enforcement of maritime boundaries. The ongoing dispute over the South China Sea exemplifies these challenges, with overlapping claims from several states.
Conclusion
In conclusion, while both territorial seas and inland waters fall under a state’s jurisdiction, they differ significantly in their legal regimes and extent. The internationally accepted breadth of the territorial sea is generally 12 nautical miles, as defined by UNCLOS, although variations exist based on specific circumstances and interpretations. The ongoing disputes over maritime boundaries underscore the need for adherence to international law and peaceful resolution mechanisms to ensure stability and sustainable use of ocean resources.
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.