United Nations Convention on the Law of the Sea

Territorial Sea
1. Breadth of territorial sea – not exceeding 12 nm from baselines
a. Roadstead – used for loading, unloading and anchoring of ships
i. Included in territorial sea even if wholly or partly outside territorial sea
2. Normal baseline – except where otherwise provided – low-water line along the
coast
a. Atolls, islands having fringing reefs – seaward low-water line of the reef
b. Outermost harbor works which form an integral part of harbor system are
regarded as forming part of coast
i. Off-shore installations and artificial islands NOT permanent harbor
works
3. Straight baselines –
a. Where applicable-
i. coastline is deeply indented and cut into and there is a fringe of
islands along the coast in its immediate vicinity
ii. coastline is highly unstable because of presence of delta and other
natural conditions
b. points along the furthest seaward extent of the low-water line
c. must not depart to any appreciable extent from general direction of coast
4. Internal waters – landward side of baseline of territorial sea
5. Innocent passage in territorial sea –
a. Navigation through territorial sea which is continuous and expeditious that
is not prejudicial to peace, good order or security of coastal State – which
is not the case when it engage in any of the following –
i. Any threat or use of force
ii. Any exercise or practice with weapons of any kind
iii. Any act aimed at collecting information to the prejudice of defense or
security
 iv. Propaganda
v. Launching, landing or taking on board of any aircraft/military device
vi. Loading, unloading commodity, currency or persons contrary to
customs fiscal, immigration, or sanitary laws and regulations
vii. Willful and serious pollution
viii. Fishing
ix. Research or survey
x. Interfering with any systmes of communication
b. Passage includes stopping and anchoring –
i. Incidental to ordinary navigation
ii. Rendered necessary by force majeure or distress
iii. For purpose of rendering assistance to persons, ships or aircraft in
danger or distress
c. Submarines, underwater vehicles – required to navigate on surface and
show flag
d. Coastal State shall not hamper innocent passage of foreign ships
6. Merchant ships and government ships operated for commercial purposes –
a. No criminal jurisdiction over arrest of any person or to conduct any
investigation in connection with any crime committed on board the ship
during its passage except
i. Consequences extend to coastal State
ii. Crime disturb the peace of the country or good order of territorial sea
iii. If assistance of local authorities has been requested by master of
ship or by a diplomatic agent or consular officer of flag State
iv. Necessary for suppression of illicit traffic in narcotic drugs or
psychotropic substances
b. Do not affect right of coastal State to take any steps for purpose of an arrest
or investigation on board a foreign ship passing thru territorial sea after
leaving internal waters
c. Coastal State shall, if the master so requests, notify a diplomatic agent or
consular officer of the flag State before taking any steps, and shall facilitate
contact between such agent or officer and the ship’s crew
 i. If emergency, notification may be communicated while measures are
taken
7. Civil jurisdiction –
a. Cannot stop or divert foreign ship passing through territorial sea to exercise
civil jurisdiction
b. Cannot levy execution against or arrest the ship except for obligations or
liabilities assumed by ship in the course or for purpose of its voyage thru
waters of coastal State
c. Levy execution against or to arrest a foreign ship lying in territorial sea or
passing thru territorial sea after leaving internal waters
8. Warship –
a. Requisites –
i. Belonging to armed forces of State
ii. Bearing external marks distinguishing such ship of its nationality
iii. Under command of an officer duly commissioned by government of
State
iv. Appears in appropriate service list or its equivalent and manned by
a crew under regular armed forces discipline
b. If warship does not comply with laws and regulations – coastal State may
require it to leave territorial sea immediately
c. International responsibility of flag State for any loss or damage to coastal
State resulting from non-compliance by warship or govt ship operated for
non-commercial purposes
d. Immunity of warships and other government ships for non-commercial
purposes
Contiguous Zone

9. Coastal State may exercise control necessary to

a. Prevent infringement of customs, fiscal, immigration or sanitary laws and

regulations within its territory or territorial sea

b. Punish infringement of above laws and regulations committed within

territory or territorial sea
Straits
10. Strait – used for international navigation between one part of the high seas or an
exclusive economic zone and another part of the high seas or an exclusive
economic zone

11. Transit passage – exercise of freedom of navigation and overflight solely for
purpose of continuous and expeditious transit of strait between one part of high
seas or an EEZ and another part of high seas or EEZ

12. Right of transit passage – all ships and aircraft enjoy the right of transit passage
which shall not be impeded

13. Duties of ships and aircraft during transit passage

a. Ships and aircraft –

i. Proceed without delay

ii. Refrain from any threat or use of force

iii. Refrain from any activities other than those incident to their normal
modes of transit unless – force majeure or by distress

b. Ships –

i. comply with generally accepted international regulations, procedure

and practices for safety at sea – Intl Regulations for Preventing
Collisions at Sea

ii. prevent, reduce, control pollution from ships

c. Aircraft –

i. Rules of the Air – by International Civil Aviation Organization

ii. Monitor radio frenquency assigned by the competent internationally

designated air traffic control authority or appropriate international
distress radio frequency

d. No research and survey activities without prior authorization of States

bordering straits

Archipelagic States
14. Archipelagic State – constituted wholly by one or more archipelagos and may
include other islands
 15. Archipelago – group of islands including parts of islands, interconnecting waters
and other natural feature which are so closely interrelated that such islands,
waters, and other natural features form an intrinsic geographical, economic and
political entity, or which historically have been regarded as such

16. Archipelagic baselines –

a. Straight baselines joining outermost points of outermost islands and drying

reefs of archipelago

i. Provided that within baselines are included main islands

ii. Ratio of water area to land area including atolls is between 1:1 and
9:1

iii. Length of such baselines shall not exceed 100 nm

1. Except that up to 3% of total number of baselines may reach

up to 125 nm

iv. Shall not depart to any appreciable extent from the general
configuration of archipelago

v. Shall not be drawn to and from low-tide elevations

17. Sovereignty of archipelagic State extends to waters enclosed by archipelagic

baselines

Exclusive Economic Zone

18. Rights, jurisdiction and duties of the coastal State in the EEZ –

a. Sovereign rights – exploring and exploiting, conserving and managing

natural resources, living/non-living, of waters, seabed and subsoil,
economic exploitation and exploration of zone

b. Jurisdiction – artificial island, installations and structures, scientific

research, protection and preservation of marine environment

19. Artificial islands, installation and structures–

a. Shall have exclusive right to construct and to authorize and regulate

construction, operation and use –

i. Artificial islands
 ii. Installations and structures for economic exploitation and exploration
of zone

iii. Installations and structures which may interfere with the exercise of
the rights of the coastal State

b. Do not possess the status of islands – no territorial sea of their own and
does not affect delimitation of territorial sea, EEZ, continental shelf

20. Conservation of living resources –

a. shall determine allowable catch of living resources

b. consider best scientific evidence available to it, shall ensure thru proper
conservation and management measures

21. Utilization of living resources –

a. Promote objective of optimum utilization of the living resources

b. give other States access to surplus of allowable catch

c. Nationals of other States fishing in EEZ shall comply with conservation

measures and with other terms and conditions

22. Anadromous stocks – States in whose rivers anadromous stocks originate shall
have the primary interest in and responsibility for such stocks

23. Right of land-locked States – shall have the right to participate, on an equitable
basis, in the exploitation of an appropriate part of the surplus of the living
resources of the EEZ of coastal State of same subregion or region, taking into
account the relevant economic and geographical circumstances of all the States
concerned

a. Terms and modalities of such participation shall be established by State

thru bilateral, subregional or regional agreements taking into account – take
into account nutritional needs of populations

b. Developed land-locked States shall only be entitled to participate in

exploiting EEZ of developed coastal States of same subregion or region

c. Does not apply in case of coastal State whose economy is overwhelmingly

dependent on exploitation of living resources of its EEZ

d. Shall not transfer this right to third States or their nationals by lease or
license or by JV unless agreed by States concerned
 e. Does not preclude States from obtaining technical or financial assistance
from third States or international organizations to facilitate exercise of this
right

24. Right of geographically disadvantaged States – coastal States, including

States bordering enclosed or semi-enclosed seas, where geographical situation
makes them dependent upon exploitation of living resources of EEZ of other
States in subregion or region for adequate supplies of fish for nutritional purposes,
and coastal States which can claim no EEZ of their own

a. Developed geographically disadvantaged States shall only be entitled to

participate in exploiting EEZ of developed coastal States of same
subregion or region
b. Does not apply in case of coastal State whose economy is overwhelmingly
dependent on exploitation of living resources of its EEZ

c. Shall not transfer this right to third States or their nationals by lease or
license or by JV unless agreed by States concerned

d. Does not preclude States from obtaining technical or financial assistance

from third States or international organizations to facilitate exercise of this
right

25. Delimitation of EEZ between States with opposite or adjacent coasts –

a. Shall be effected by agreement on basis of international law to achieve

equitable solution or by peaceful means

b. If no agreement - to, first of all, seek a solution by negotiation, enquiry,

mediation, conciliation, arbitration, judicial settlement, resort to regional
agencies or arrangements, or other peaceful means of their own choice

c. If no settlement – be submitted at request of any party to dispute to the court

or tribunal having jurisdiction

i. Shall free to choose, by means of a written declaration, one or more

of the following means for settlement of disputes concerning
interpretation or application of UNCLOS –

1. ITLOS

2. ICJ

3. Arbitral tribunal in accordance with Annex VII

 4. Special arbitral tribunal constituted in accordance with Annex
VIII

Continental Shelf
26. Continental Shelf – comprises the seabed and subsoil of submarine areas that
extend beyond its territorial sea through the natural prolongation of its land
territory to the outer edge of the continental margin, or to 200 nm from baselines
where outer edge of continental margin does not extend up to that distance

a. Consists of the seabed and subsoil of shelf, the slope and the rise

b. Does not include the deep ocean floor with its oceanic ridges or subsoil
thereof

27. Sovereign rights – Exploitation of natural resources which consist of mineral and
other non-living resources of seabed and subsoil together with living organism
that are sedentary (at harvestable stage, either immobile or under the seabed or
are unable to move except in constant physical contact with seabed or subsoil)

28. Submarine cables and pipelines – all States are entitled to lay submarine
cables and pipelines on the continental shelf

29. Has exclusive right to authorize and regulate drilling on continental shelf

High Seas
30. Freedom of high seas – open to all States

a. Freedom of navigation

b. Freedom of overflight

c. Freedom to lay submarine cables and pipelines

d. Freedom to construct artificial islands and other installations

e. Freedom of fishing

f. Freedom of scientific research

31. High seas reserved for peaceful purposes

32. Penal jurisdiction –

 a. Flag State or State of which such person is a national

b. In disciplinary matters, State issuing master’s certificate or a certificate of

competence or license shall alone be competent to pronounce withdrawal
of such certificates

c. No arrest or detention (even if it’s only for investigation) of ship shall be

ordered other than those of flag State

33. Piracy –

a. any illegal acts of violence or detention or any act of depredation,

i. commited for private ends by crew or passengers of private ship or

private aircraft

ii. directed on high seas or in a place outside the jurisdiction of any

State against ship or aircraft or persons or property on board ship

b. any act of voluntary participation

c. any act of inciting or of intentionally facilitatiting

34. Piracy by warship, government ship or aircraft whose crew has mutinied –
same as private ship or aircraft

35. Pirate ship – intended or has been used by persons in dominant control to commit
piracy – nationality may be retained or lost to be determined by law of State from
which such nationality was derived

36. Right to fish on the high seas – subject to treaty obligation, rights and duties ad
interests of coastal States

Regime of Islands
37. Island - a naturally formed area of land surrounded by water and above water at
high tide

38. Rocks – cannot sustain human habitation or economic life shall have no EEZ or
continental shelf
 VIENNA CONVENTION ON THE LAW OF TREATIES

1. Treaty – an international agreement concluded between States in written form and

governed by international law, whether embodied in a single instrument or two or
more related instruments and whatever its particular designation
2. Ratification (or acceptance, approval, accession) – international act so named
whereby a State establishes on the international plane plane its consent to be
bound by a treaty
3. Full Power – a document emanating from the competent authority of a State
designating a person/s to represent the State for negotiating, adopting or
authenticating the text of a treaty, for expressing the consent of the State to be
bound by a treaty, or for accomplishing any other act with respect to a treaty
4. Reservation – unilateral statement when signing, ratifying, accepting, approving,
or acceding to a treaty, whereby it purports to exclude or modify the legal effect of
certain provisions of the treaty in their application to that State
5. Non-retroactivity of the present convention – but some articles are customary
international law
6. Capacity of states to conclude treaties – every State can conclude treaties
7. Full powers –
a. A person represents the State for adopting or authenticating the text of a
treaty, for expressing the consent of the State to be bound by a treaty if –
i. He has full powers
ii. Appears from practice of State
b. Considered to represent their State without having to produce full powers –
i. Heads of State/Government, Ministers of Foreign Affairs – all acts
relating to conclusion of treaty
ii. Heads of diplomatic mission – adopting text of treaty between
accrediting State and State to which they are accredited
iii. Representatives to an international conference or organization or its
organs – only in that conference, organization, or organ
8. Acts of person with no full powers relating to conclusion of treaty without legal
effect unless confirmed
9. Adoption of text takes place by
a. consent of all participating States
 b. vote of 2/3 of States present and voting, unless by same majority they
decided to apply different rule
10. State is bound when –
a. If via signature,–
i. Treaty provides that it has that effect;
ii. Otherwise established that negotiating States agreed that it shall
have that effect; or
iii. Intention of the state appears from full powers or expressed during
negotiation
b. If via exchange of instrument constituting treaty –
i. Instrument provides it has that effect or
ii. Otherwise established
c. If via ratification, acceptance or approval –
i. Treaty provides
ii. Otherwise established
iii. Representative signed subject to ratification
iv. Intention of state appears rom full powers
d. If via accession –
i. Treaty provides
ii. Otherwise established
iii. Or all parties have subsequently agreed
11. State has obligation not to defeat object and purpose of treaty before its entry into
force
12. Reservation, express acceptance thereof and objection thereto and withdrawal of
reservation and objection – in writing and communicated to States entitled to
become parties, as the case may be
13. State may formulate reservation unless -
a. Prohibited by treaty
b. Treaty that specified reservations not including the reservation in question
may be made
c. Incompatible with object and purpose
 14. Reservation need not require other States’ subsequent acceptance if authorized
by treaty
15. Reservation requires acceptance when application of treaty in its entirety by all
parties is essential condition of consent of each State – which appears from
limited number of States and object and purpose
16. Legal effects of reservations –
a. Related treaty provisions are modified for the reserving State and other
party in its relations
b. Does not modify for other parties to the treaty inter se
c. State objecting to reservation but did not oppose entry into force between
itself and reserving State – related provisions do not apply as between two
States
17. Reservation and objection may be withdrawn without acceptance unless
otherwise provided by the treaty
18. Withdrawal of reservation and objection becomes operative only when notice has
been received by the contracting States or reserving State, respectively.
19. If treaty does not provide or the States do not agree how and when a treaty enters
into force – as soon as consent to be bound has been established for all
negotiating States
20. Unless the treaty provides otherwise – if consent to be bound established after
EIF – EIF for that State is date of EIF, not when consent is established
21. Provisional application of treaties (before EIF) –
a. Only if treaty so provides
b. State agreed
22. Pacta sunt servanda – treaties in force are binding upon parties and must be
performed in good faith
23. Treaties are non-retroactive
24. Treaty is binding in respect of Party’s entire territory
25. Internal law is not justification for failure to perform treaty
a. But if consent to be bound has been expressed in manifest 1 violation of
internal law (of fundamental performance) regarding competence to
conclude treaties – invalidates consent

1 objectively evident in accordance with normal practice and in good faith

26. Successive treaties of same subject matter–
a. When all are parties to an earlier and later treaty – earlier treaty applies
insofar as it is not incompatible with the later one
27. Treaty interpretation –
a. Must be made in good faith in accordance with ordinary meaning of the
terms in their context and in the light of its object and purpose
b. Context shall comprise –
i. Any agreement made relating to conclusion of that treaty
ii. Instrument relating to conclusion of treaty made by one or more
parties and accepted by the others as instrument of that treaty
c. There shall be taken into account together with context –
i. Subsequent agreement
ii. Subsequent practice
iii. Any relevant rules of international law
28. Travaux preparatoires (preparatory work) – supplementary means of
interpretation – if ambiguous, obscure, result is manifestly absurd, unreasonable
29. If authenticated in two or more languages – equally authoritative unless otherwise
provided
30. General rule – third State not bound unless it consents
31. Treaty providing for obligation or right to third States – third State must assent
thereto but assent to treaty providing right is presumed
32. Treaty providing for obligation to third States revocable and modified with consent
of parties and third State
33. Treaty providing for right to third States, irrevocable and cannot be modified if they
have established that it shall not be that way without third State’s consent
34. But rules in treaty becomes binding on third States through CIL
35. Notice of proposal to amend must be sent to all parties but not all parties need be
party to treaty as amended – as between State party to the amendment and other
States parties to treaty, only the treaty governs mutual rights and obligations
36. Two or more parties may conclude an agreement to modify as between
themselves if treaty provides therefor and it does not affect rights and obligations
of other parties under the treaty and it is compatible with object and purpose
37. Invalidity of treaties –
a. Internal law regarding competence to conclude treaties
i. Generally, internal law not justification that its consent to bound has
been violated unless the violation of internal law is manifest and of
fundamental importance
b. Specific restrictions on authority of representative to express consent of
State to be bound –
i. his omission to observe that restriction may be not be invoked as
invalidating the State’s consen unless that State has given notice to
the other States about the specific restrictions
c. Error –
i. If error relates to a fact or situation which was assumed by that State
to exist at the time when treaty was concluded and formed an
essential basis of its consent to be bound
ii. Does not apply if it contributed to the error or it was put to notice of
a possible error
d. Fraud –
i. Fraudulently induced to conclude a treaty by another negotiation
State
e. Corruption of a representative by another negotiating State
f. Coercion of a representative through acts or threats directed against him
g. Coercion of a State by threat or use of force
h. Conflicting with jus cogens
38. Termination and suspension –
a. Via termination or withdrawal under its provisions or by consent of parties
b. If the treaty provides, reduction of parties below number necessary for its
EIF
c. Denunciation or withdrawal from treaty with no provision regarding such
i. Establish that the parties intended to admit possibility of denunciation
ii. Implied by nature of treaty
iii. Must give not less than 12 months’ notice
d. Suspension of operation under its provisions or by consent of all parties
after consultation
e. Suspension of operation of a multilateral treaty by agreement between
certain of the parties only
i. if treaty provides therefor and it does not affect rights and obligations
of other parties under the treaty and it is compatible with object and
purpose
f. Implied by conclusion of a later treaty of same subject matter
i. If they establish that they intended to do so
ii. Or incompatibility
g. Material breach
i. If bilateral – entitles the other to terminate or suspend
ii. If multilateral –
1. by unanimous agreement – suspend or terminate it in the
relation between themselves and the defaulting State or as
between all parties
2. by party specially affected by breach
3. by party other than defaulting state with respect to itself if
breach is material and radically changes position of every
party with respect to further performance of its treaty
obligations
iii. Consists of –
1. Repudiation not sanctioned
2. Violation of provision essential to object and purpose
h. Supervening impossibility of performance
i. Results from permanent disappearance or destruction of an object
indispensable for the execution of treaty – if temporary, then
suspension only
ii. Cannot be invoked if it is result of its own breach of treaty or
international obligation
i. Fundamental change of circumstances
i. Occurred with regard to those existing at the time of conclusion, and
which was not foreseen
 ii. Can be invoked if -
1. Circumstances = essential basis of consent to be bound
2. Effect is to radically transform the extent of treaty obligations
iii. Cannot be invoked if –
1. Treaty establishes a boundary
2. Result of breach by party invoking it
j. Severance of diplomatic or consular relations
i. If such is indispensable for application of treaty
k. Emergence of new jus cogens
39. Procedure re invalidity, termination, withdrawal or suspension –
a. Notify other Parties, indicate measure proposed to be taken and reasons
i. If no objection after expiry of period (not less than 3 months after
receipt of notification) except in cases of special urgency
1. May carry out measure
ii. If objection, seek a solution by negotiation, enquiry, mediation,
conciliation, arbitration, judicial settlement, resort to regional
agencies or arrangements, or other peaceful means of their own
choice
40. Procedure re judicial settlement, arbitration and conciliation – if no solution has
been reached
a. If concerning interpretation whether there is conflict with jus cogens or
whether there is emergence of new jus cogens – ICJ or arbitration
b. If other grounds for invalidity, termination, withdrawal, suspension – submit
a request to Sec Gen of UN
41. Consequences –
a. Of invalidity – void
i. Return to status quo
ii. Acts in good faith not rendered unlawful
b. Of termination – releases party from further obligation; does not affect right
obligation or legal situation created through treaty execution prior to
termination
 c. Of conflict with peremptory norm – void
i. Eliminate consequence of any act in conflict with jus cogens
ii. Bring mutual relations into conformity
d. Of Suspension –
i. Releases parties from treaty obligations during suspension
ii. Does not affect legal relation
iii. Must refrain from acts tending to obstruct resumption of operation of
treaty
42. Severance or absence of diplomatic or consular relations does not bar conclusion
of treaty