What is UNCLOS ?

UNCLOS (United Nations Convention on the Law of the Sea)

BASELINE

1)  sea baseline follows the low-water line as per the least astronomical tide for that year. The coastal State has to regularly adjust the baselines, if the coastline changes, and reflects the changes in the relevant charts.

2) Where the coastline is deeply indented and cut into, or if there is a fringe of islands along the coast, straight baselines joining appropriate points may be employed in drawing the baseline,

3) If a river flows directly into the sea, the baseline shall be a straight line across the river mouth b/w points on the low-water line of its banks.

4) In case a port structure , the outermost permanent harbour works are regarded as forming part of the coast.

5) Roadstead which are normally used for the loading, discharging and anchoring of ships, are included in the territorial sea and that’s not a part of the inland waters.

6) Baselines mark the boundary between internal waters and the territorial sea, contiguous zone ,EEZ, continental shelf.

7) Max length of straight baselines is 40 NM . Straight baselines may also be drawn when deep embayment's and sections of coastline.

 

Internal waters

1) Covers all water and waterways on the landward side of the baseline.

2) The coastal state has full sovereign rights over these water. The state is free to set laws, regulates, and use any resource.

3) Foreign vessels have no right of passage within internal waters. They have to approach the state for entering their territory.

4) Own country naval vessels/ Coast Guard vessels have full right in these waters. Also the states internal organization may provide immunity for States own vessels.

6) The state can claim money towards the use of internal waters.

7) Local fishing vessels are permitted

8) Exception: Under certain conditions for ships in distress or force majeure; have the right of access to and from the sea.

Territorial waters

1) Territorial water covers 12 NM from the baseline.

2) The coastal state exercises sovereignty, including the air space over the territorial sea, seabed and subsoil.

3) Merchant’s vessels have to be given the right of innocent passage through any territorial waters

4) Country can set any laws for the use of living and non-living organisms in these waters.

5) Other country naval vessels can transit under escort with permission.

6) No charge may be collected from foreign ships by reason only of their passage through the territorial sea.

7) Charges may be collected from a foreign ship passing through the territorial sea as payment only for specific services rendered to the ship eg towage, lighthouse dues etc

 

 

 

INNOCENT PASSAGE

1. Passage is innocent so long as it is not prejudicial to the calm, good order or security of the coastal State.

2. Passage of a foreign ship shall be considered to be prejudicial to the calm, good order or security of the coastal State in the territorial sea if:-

(a) If any threat or use of force against the sovereignty, integrity or political independence of the coastal State.

(b) If any exercise or practice with any kind of weapons,

(c) any act aimed at collecting evidence to the prejudice of the defence or security of the coastal State;

(d) any act of propaganda intended for  affecting the defence or security of the coastal State;

(e) the launching, taking or landing on board of any aircraft;

(f) the launching, landing or taking on board of any military device Or weapons;

(g) the loading or discharging of any commodity, currency or person contrary to the customs, economic, immigration or sanitary laws and regulations of the coastal State;

(h) any act of wilful and serious pollution.

(i) any fishing activities;

(j) the carrying out of survey or research  activities

(k) any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State;

(l) any other activity not having a direct bearing on passage.

(m) Carrying of armed guards for going on board for security purposes.

 

 

CONTIGUOUS ZONE

1) This is a zone 24 NM from baseline or 12 NM from Territorial sea.

2) In a zone contiguous to its territorial sea, the coastal State may exercise the control necessary to:

(a) Prevent violation of its customs, taxation, immigration or pollution and regulations within its territory or territorial sea,

(b) Punish violation of the above laws and regulations committed within its territory,

Exclusive economic zones (EEZs)

• Extends from the edge of the territorial sea out to 200 nm from the baseline. 

• In the exclusive economic zone, the coastal State has:

(a) sovereign rights to explore and exploit, conserving and managing the natural resources, whether living or non-living ( Fishing and exploration rights).

(b) Economic exploitation such as the production of energy from the water, currents and winds

(c) the formation and use of artificial islands, installations and structures

(d) marine scientific research

(e) the protection and preservation of the marine environment; Foreign nations have the freedom of navigation and overflight, subject to the regulation of the coastal states.

• Foreign states may also lay submarine pipe lines and cables. 

• All Vessels are allowed except within 500 mtrs of rigs & platforms.

• Country can make any laws in the EEZ. 

• Countries have to apply to IMO for permission to start EEZ.

Continental shelf

• The continental shelf is the natural prolongation of the land territory to the continental margin's outer edge, or 200 NM from the baseline. 

• The State's continental shelf may exceed 200 NM until the natural prolongation ends. However, it may never exceed 350 NM from the baseline; or it may never exceed 100 NM beyond the 2,500 meter iso-bath.

• Coastal states have the right to harvest mineral and non-living material in the subsoil of its continental shelf. 

• 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.