Maritime Zones: Territorial Sea, Contiguous Zone, and High Seas
Maritime Zones: Key Concepts
Territorial Sea: Extends 12 nautical miles measured from the baseline (outer limit is a line every point of which is 12 nautical miles away from the nearest point of the baseline). The normal baseline is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State.
Maritime Delimitation Cases
- Guinea/Guinea-Bissau Maritime Delimitation Case (1988): In 1960, France and Portugal concluded an Agreement defining the maritime boundary between Senegal and (Portuguese Province) Guinea. After Senegal and Guinea-Bissau gained independence, a dispute arose concerning the delimitation of their maritime territories. The two States submitted this dispute to an Arbitration Tribunal to decide the following questions:
- Whether the Agreement of 1960 had the force of law between the Parties.
- In the event of a negative answer, to define the course of the line delimiting the maritime territories of the two States.
- Anglo-Norwegian Fisheries Case (1951): This case influenced the negotiation and ratification of UNCLOS I, II, and III. Norway delimited its coastline measured partly from the low-water mark but also from straight baselines incorporating ‘drying rocks’ both above water and at low-water tide.
Archipelagic States: A State constituted wholly by one or more archipelagos and may include other islands. The maximum length of the baselines is 100 nautical miles, except up to 3% of the total number of baselines enclosing any archipelago may have a maximum length of 125 nautical miles. The sovereignty of an archipelagic State extends to the waters enclosed by the archipelagic baselines, described as archipelagic waters.
Contiguous Zone: Does not extend beyond 24 nautical miles from the baseline from which the breadth of the territorial sea is measured.
Innocent Passage
Innocent Passage: Navigation through the territorial sea for the purpose of: (a) traversing that sea without entering internal waters; or (b) proceeding to or from internal waters or a call at such roadstead or port facility. Passage shall be continuous and expeditious. It includes stopping and anchoring (Corfu Channel case).
Passage is not considered innocent if, in the territorial sea, some activities occur, such as:
- Any threat or use of force against the sovereignty, territorial integrity, or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations.
- Any exercise or practice with weapons of any kind.
- Any act aimed at collecting information to the prejudice of the defence or security of the coastal State.
High Seas
Art. 86: The provisions of this Part apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea, or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. This article does not entail any abridgement of the freedoms enjoyed by all States in the exclusive economic zone.
Right of Hot Pursuit
Hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good reason to believe that the ship has violated the laws and regulations of that State. Such pursuit must be commenced when the foreign ship or one of its boats is within the internal waters, the archipelagic waters, the territorial sea, or the contiguous zone of the pursuing State, and may only be continued outside the territorial sea or the contiguous zone if the pursuit has not been interrupted.
It is not necessary that, at the time when the foreign ship within the territorial sea or the contiguous zone receives the order to stop, the ship giving the order should likewise be within the territorial sea or the contiguous zone.
The right of hot pursuit shall apply mutatis mutandis to violations in the exclusive economic zone or on the continental shelf, including safety zones around continental shelf installations, of the laws and regulations of the coastal State applicable in accordance with this Convention to the exclusive economic zone or the continental shelf, including such safety zones.
The right of hot pursuit ceases as soon as the ship pursued enters the territorial sea of its own State or of a third State.