STATE TERRITORY

TERRITORIAL WATERS AND HIGH SEAS

1. Introduction
Historically, the seas have performed two important functions, Medium of
communication and vast transfer of resources. Both these functions have simulated
the development of legal rules.

2. Territorial Waters
Territorial water is an area over which coastal state exercise its sovereignty .i.e., air
space over territorial sea, its bed , its subsoil.
3. N !on"erences on La# o" Seas
In 1!", first #$ %onference on law of &ea met in 'eneva. (esulted in the
adoption of four conventions

%onvention on the territorial sea and the contagious )one

The convention on the high seas
The convention on fishing and conservation of the living resources of
the high seas
The convention on continental shelf
I$ 1*+, the second #$ conference held in 'eneva which inclusive results as
to the two ,uestions namely, the breath of territorial sea and fishery limits.
In 1*!, the #$ conference on the transit trade of countries met in $ew
-or. .It adopted the convention on the transit trade.
The above mentioned conventions provided collectively a regime and basic
foundation for the comprehensive #$ convention on the law of sea signed at
Montego Bay.
$. Internal Waters
In Internal waters or national waters, foreign states cannot claim of their ships
certain right of passage.
These waters always pass inside the territory of a sate.
&overeign state has complete /urisdiction on internal waters.
%anals are also fall in the internal waters. 0
Exceptions to National Waters
They fall under the state1s territorial /urisdiction. But there are some exceptions to it,
o Sue% !anal 2 as per treaty of %onstantinople 1""" 34gypt 1++miles5
o &eil !anal 2 6s per treaty of 7ersail of 113'ermany *1 Miles5
o T'e (ana)a !anal2 as per hay 89auncefote treaty 1+13 panama , !+ miles5
*. Hi+' Seas
o 6ccording to 6rticle 1 of %onvention on the High &eas, 1!", the term :high
seas: means all parts of the sea that are not included in the territorial sea or in
the internal waters of a &tate.
,. Salient -eatures o" Hi+' Seas
o 6ll waters beyond territorial waters open to all states, for all purposes and for
all times.
o $o state sovereignty prevails over high seas
o $o state can ac,uire it through occupation
o $o state can exercise its /urisdiction, legislation administration or policies
over any part of the open sea.
o (ule of (es $ullius 3thing belongs to nobody5 applicable.
o (ule of (es communis 3 a thing belongs top everybody5 applicable
.. Doctrine o" -reedo) o" Sea /0 Grotious
Exceptions to Doctrine
1. Doctrine o" Hot (ursuit
o Conditions of For Hot Pursuit
2. Innocent (assa+e
13.!o/ota+e
11.!onti+uous 4one
12.!ontinental S'el"s
13.E5clusi6e Econo)ic 4one
1$.!onclusion