Conclusion ……………………………………………………………………… Meanwhile the humans lived in the lands. The States in the world categorized as a land-locked state, coastal state, and archipelagic ones. Especially coastal and archipelagic state has a direct contact with their waters.
Then, long time ago, humans began thought to expand their rules to the waters and it is called the Law of the Sea. The Hague Codification Conference took place in Den Haag and codificated many laws which is water territory counted as one of them.
According to that, the sea divided into 2 two parts, which is territorial seas and high seas. The high seas being open to all nations, no State may validly purport to subject any part of them to its sovereignty. Freedom of the high seas is exercised under the conditions by the Convention of High Seas and by the other rules of international law. This means, the High Seas may open for all States. The Freedom including freedom of navigation, freedom of fishing, freedom to lay submarine cables and pipelines, and freedom to fly over the high seas.
More broadly, "the sea" is the interconnected system of Earth's salty, oceanic waters. The sea moderates Earth's climate and has important roles in the water cycle, carbon cycle, and nitrogen cycle. The sea is an essential aspect of human trade, travel, mineral extraction, and power generation. So, humans need a law about the sea to control the sea affairs. The Law of the Sea is the particular body of international law applied to maritime question and offenses.
Empires such as Rome and China long claimed universal jurisdiction; during the Middle Ages, Italian maritime republics such as Venice and Genoa recognized the existence of rival states but claimed the right to close the seas to their traffic.
These are the factors affecting The States in the world require legal setting of the sea: 1. Modernization in all areas of life. The availability of faster ships. Increase rapidly world trade. Increased advanced of international communication 5. The increasing of the world population brought the consequences on the fishing effort.
In the decade of the 20th century have been 4 times held an attempt to obtain a set of maritime law, these are: 1. The Hague Codification Conference The area was internal waters, territorial waters, contiguous zone, EEZ, continental shelf and high seas. The internal waters landward of the baseline are under national control. Extended with territorial waters up to 12 nautical miles Contiguous zone of a further 12 nautical miles are permitted for hot pursuit of vessels charged with violating customs, taxation, immigration, or pollution laws in the territorial waters.
Exclusive Economic Zone or EEZ places all exploitation of marine life and minerals within nautical miles km or mi of the baseline under national supervision.
Continental shelf is considered to be the actual continental shelf to a depth of m or ft contiguous to the baseline or nautical miles, whichever is greater; the marine life and minerals in or below the seabed within this area also fall under National supervision.
Meanwhile the high seas, it states that "the high seas are open to all states, whether coastal or land-locked" and provides list of freedoms including navigation, over flight, the laying of submarine cables, the building of artificial islands, fishing, and scientific research.
It insists on cooperation between States engaged in the same fisheries, it recognizes the special interest of the coastal State when the fisheries are in the high seas adjacent to its territorial sea and provides for compulsory settlement of disputes concerning all the key rules.
Some of the provisions are similar to those that were to be adopted in in the United Nations Fish Stocks Agreement. At the time, the CFCLR was very controversial, as is evidenced from the low number of ratifications and accessions: on one hand, many States were keen on developing exclusive fishery rights beyond the territorial sea — a regime for fisheries on the high seas beyond the external limit of the territorial sea was not satisfactory; on the other hand, the central role given to the compulsory settlement of disputes was something that States were not ready for at the time.
The CCS sets out rules on the notion, limits and regime of the continental shelf. The basic concept of the sovereign right of the coastal State as regards resources of an area of the seabed beyond the external limit of the territorial sea had emerged in State practice only since The provision on the external limit, based on the meters isobath and on exploitability, was to be seen as obsolete in light of technological progress and was radically modified in the Convention. The rule on delimitation, based on the equidistance plus special circumstances concept, was clearly indicated by the International Court of Justice ICJ as not corresponding to customary law North Sea Continental Shelf, Judgment, I.
J Reports , p. Nigeria : Equatorial Guinea intervening , Judgment, I. Reports , I. Reports , p. The OPSD, to which only States parties to at least one of the Geneva Conventions can become party, provides for compulsory jurisdiction of the ICJ for all disputes concerning the interpretation or application of the Conventions, unless the parties to the dispute agree to arbitration or conciliation.
This Protocol has never been applied in practice, and the modest number of parties it has attracted shows that compulsory settlement of disputes in law of the sea matters, if it is to be practically relevant, must be an integral part of the instrument dealing with the substance; a lesson learned by the Third United Nations Conference on the Law of the Sea in drafting the Convention. The Conventions were adopted less than a decade before the famous speech by Arvid Pardo at the General Assembly in that started the process for the complete renewal of the law of the sea, and entered into force just a few years before that event.
This explains why, notwithstanding their intrinsic legal quality, they were soon seen by a majority of the States as obsolete. The parties to the Convention include most of the States bound by the Geneva Conventions; the latter Conventions remain binding only as between, or in the relationships with, the few States that are parties to the relevant Geneva Convention and not parties to the Convention.
Many provisions of the Geneva Conventions, at the time of their adoption, corresponded to customary international law.
This provision is not repeated in the other Geneva Conventions. Still, a number of provisions in the CTS are set out in the Convention and can be seen as corresponding to customary law. Nigeria: Equatorial Guinea intervening , Judgment, I.
The coastal states exercise an extensive sovereign-rights over this zone for the purpose of exploiting its resources.
The coastal state may, under article 80 of the Convention, construct and maintain installations and other devices necessary for exploration on the continental shelf and is entitled to establish safety zones around such installations to a limit of metres, which must be respected by ships of all nationalities. EEZ and Continental shelf is almost similar in nature however the major point of difference between the two is that under the convention a continental shelf can exist without an EEZ but there cannot be an EEZ without the demarcation of the Continental shelf.
The measurement of the range of this zone has led to several controversies and a long line of legal custom that has led to the need for the evolution of this concept.
In the case of Nicaragua vs Honduras, the international court has dictated on the importance of the establishment of a maritime boundary. The concept of the median line has been used to determine the delimitation of the territorial sea within the opposite and the adjacent coast. Initially, the issue was taken up in the North Sea Continental Shelf cases, wherein the Court took the view that delimitation was based upon consideration and weighing of relevant factors in order to produce an equitable result.
Later, in the case of Libya Vs Malta , the Court emphasised the close relationship between continental shelf and economic zone delimitations and held that the appropriate methodology was first to provisionally draw an equidistant line and then to consider whether circumstances existed which must lead to an adjustment of that line.
This includes that region of the sea which exists beyond the EEZ and does not form part of the territorial sea. The essence of this region is that no state acquires any sovereign right over this zone.
As per the Article 87 of the Convention, high seas are open to all states and that the freedom of the high seas is exercised under the conditions laid down in the Convention and by other rules of international law. The jurisdictional right in case of high seas depends upon the nationality of the ship, and the consequent jurisdiction of the flag state over the ship. It is for the flag state to determine rules and regulations therefore a ship without a flag will be excluded from the privilege under this zone.
Law of the sea is concerned with public order at sea which has been codified in the form of United Nations Convention on the Law of the Sea and signed on December 10, It provides rules and regulations that helps to maintain peace and security over the usage of the sea.
The code provides a set of comprehensive rules which divides the oceanic region into 5 maritime zones and it has set the limit to 12 nautical miles for the coastal states to exercise their sovereignty without any conflict.
It aims to resolve the dispute amicably with the help of international tribunal for the law of the sea. Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skill. Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content.
Save my name, email, and website in this browser for the next time I comment. Check your mailbox for the joining link. From Bhawna Agarwal: [email protected]. Sign in. Password recovery. As a result, a balance was needed to maintain the freedom of navigation that many foreign maritime interests had relied upon.
This need for balance is captured in the history of the law of the sea. In it was confirmed by 60 countries and by the 21 st century it was confirmed by more than countries. The constitution for the oceans had laws on the topic of territorial waters, sea-lanes, and ocean resources. This article is going to deal with the concept and understanding of the law of the sea by explaining its history, evolution, and provisions.
The level to which a nation could regulate its coastal waters has largely tothe reach of its cannons on the shore. In The rights to explore and exploit the oil and gas resources of the continental shelf outside of the 3 nm territorial sea by President Truman.
Due to the exploration and exploitation of the oil and gas resources in the continental shelf, in , the U. Congress enacted legislation over the federal and state control of the continental shelf. And further, in , international conventions were concluded in Geneva on the territorial sea, contiguous zone, and continental shelf. President Truman issued another Proclamation regarding the concept of a fishery conservation zone however Congress did not pass any laws concerning a nm fishery conservation zone up to Later this grew into a zone when the coastal nations had exclusive right to control overall economic exploration and exploitation of the natural resources off its coast.
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