CHAPTER 1: INTRODUCTION line perpendicular to the

coast, or using a median

 Charter of King Cnut (since 1023), line.
each country owns the sea up to o Thalweg- following the line
the middle (opposite country)
of the main navigable
which granted to the monks of
channel or deepest
Canterbury certain wreck rights on
continuous line along the
the British side of the “middle of
course of a river or
the sea.”
waterway.
 1609 – Hugo Grotius introduced o Canon shot rule- a nations
mare liberum (Freedom of the
jurisdiction over coastal
Sea), the sea is too immense to be
waters determined (3nm)
appropriated by a nation and thus
 Hague codification conference
should be seen as res communis
o 1930- territorial sea
 1613 - Welwood, in his book An
o 1940- equidistant line
Abridgement of all Sea-Lawes
o 1945- continental shelf
restricted the freedom of the sea to
the main sea or great ocean o 1951- straight baseline
 1636 – John Seldon disagreed with CHAPTER 2: UNCLOS
Hugo Grotius and introduced mare
clausum, a State has sovereignty
over a certain degree of ocean
space which cannot be claimed by
 third States
 1672 – Samuel Pufendorf
introduced sovereign rights and
delimitation principles
o sovereignty on the earth, as
well as the sea
o The sea is an increment of
the land, and the
sovereignty shall be vested
to the State land that
touches one part of the  Significance of UNCLOS III
land o territorial sea up to 12 nm,
 Delimitation Principles but foreign vessels would
o The sovereignty of each be allowed “innocent
shall be conceived to reach passage” through those
into the middle of the water waters
from every part of their o Ships and aircrafts of all
respective shore countries would be allowed
o Opposite States- States “transit passage” through
with opposite coasts straits used for international
overlapped, “drawing a line navigation;
in the middle of the water” o all other States would enjoy
to allow both States for the right of passage
equal sharing through designated
o Adjacent States- These sealanes
approaches include using a
line of latitude, drawing a
 o Coastal and island States
would have sovereign right
in a 200nm EEZ
o freedom of navigation and
overflight in the zone, as
well as freedom to lay
submarine cables and
pipelines.
CHAPTER 4: BASELINE
 Baseline refers to the line from
which the seaward limits of State’s
maritime zones are measured.
o Geographical claim -
increased areas
o Administrative claim –
regulatory powers
 Type of baseline
o Normal baseline: Low
Water Mark around the
coast or islands (art 5)
o Reefs: Islands situated on
atoll or fringing with reefs,
seaward low waterline is
considered as baselines
(art 6)
o Straight baseline: baseline
along the coast by following
the low water mark around
all fjords and islands and by
drawing lines across bays
(art 7)
 More than semi-
circle
 70% from the total
length of coastline
 Not more than 48
miles
o River mouth: straight line
across the river mouth (art
9)
o Bays: straight lines drawn
between the respective
low-water marks of the
natural entrance points of
bays or river. There are
rules on how the bay may
be closed off (art10)
 More than 24nm
 Not meet semi-
circle test
 Belong to 2 or more
states.
o Port: The outermost of
permanent harbour works
form part of the coast.
Breakwater is considered
as permanent harbour work
(art 11)
o Low tide elevation: A
formed area of land
surrounded by water at low
tide and submerged during
high tide, (art13)
o Archipelagic baseline:
straight lines joining the
outermost points of the
outermost islands and
drying reefs which may be
used to enclose all or part
of an archipelago forming
all or part of an archipelagic
State (art47)
CHAPTER 5: TERRITORIAL WATERS
 Internal waters: waters on the
landward side of the baseline form
part of the internal waters of the
State (art 8)
o No right of innocent
passage exist
 Territorial sea: Absolute
sovereignty of the coastal State
over the water, airspace, seabed
and subsoil (art3)
 Innocent passage: passage is
innocent so long as it is not
prejudicial to the peace, good
order, or security of the coastal
State. (art 19)
o Weapon practice
o Spying
o Propaganda
o Fishing
o Immigration or sanitary
regulation
Sovereignty of the Right of Innocent  Contiguous zone (art33)
Coastal State (Art 2) Passage (Art o 24nm from baseline
Right of Coastal 17) Duties of Third o Has right
States States  To prevent
infringement of its
The Coastal State may Vessel must be in customs, fiscal,
adopt laws as given in passage, continuous and immigration, or
Art 21 expeditious (18) sanitary laws and
May implement other activities not having regulations within its
pollution measures direct bearing on territory or territorial
(194(3b) but the passage are not
sea (33(1a)
coastal State may not regarded as innocent.
 punish infringement
regulate the design (Art 19)
construction, of the above laws
adopt regulations in Nuclear-powered ships and regulations
the areas enumerated and ships carrying committed within its
in Art 21 (211(4), dangerous materials territory or territorial
pollution (260), safety must carry documents sea (33(1b)
zones. and take established
precautions (23).
Coastal State may Submarines must Activity Right of foreign nationals in cz
establish sea lanes navigate on the
and traffic separation surface and show flag Navigation Full navigational rights, if
schemes (22) (20) compatible with Art 58 (1), and
may prevent passage Warship must upon 87; 58(2) and 88-115).
which is not innocent request of Overflight Full right of overflight
(25(1), may prevent coastal state leaves Fishing No right
breach of conditions territorial sea
for admission to its immediately Laying of Full rights (58, 79), consent of
internal waters (25(2) - If they do not comply cable coastal State
with laws and regulations for routing required (79(5)
- And have been mining No right (art 76)
requested to do so Observance Must observe sanitary laws of
(30) of coastal State (33); must observe
may suspend passage environmenta pollution laws (Part XII)
in l legislation applicable in EEZ
specified areas (25)
Arrest and
investigation can take
place as specified in
Art 27 & 28.

CHAPTER 6: STRAITS
 A narrow natural passage of arm of
water connection two larger bodies
of water
 Right of innocent passage - straits
connecting an area of the high
seas or an exclusive economic
zone with the territorial sea of a
third state (strait of Tiran)
 straits formed by an island
bordering the strait and its
mainland and within the high seas
or an EEZ (Straits of Messina)
 Free navigation - Strait through
which there is a high seas route or
a route through an exclusive
economic zone
 Transit passage - Straits used for
international navigation between
one part of the high sea or an
exclusive economic zone and
another part of the high sea or an
exclusive economic zone (Art 37)
 The exercise of freedom of
navigation and overflight solely for
the continuous and expeditious
transit of the strait between one
area of high seas or EEZ and
another, or in order to leave a
State bordering the Strait (art 38)
 Rights of coastal states
o Prescribe sea lanes and
traffic separation scheme
(Art 41)
o To implement international
safety and pollution
standards (Art 42)
o Loading & unloading
commodity
o Legislate for passing
vessels in respect of fishing
and the taking of on board
or putting overboard for any
commodity
 Prescription of sealanes & traffic
separation scheme (art 41)
o To promote safe passage
o Indicate the sealanes & tss
on chart
o Cooperate with other states
Right of 3rd states Duties of 3rd states
Transit passage cannot Refrain from any threat
be suspended for or use of force
security reason (Art 44)
also applicable to military
vessels
Corfu Channel case, Refrain from activities
British naval vessels other than those
were fired by Albania as accidental to their
they claimed the vessel normal modes of
did not obtain prior continuous and
authorization to enter expeditious transit
their territorial sea except by force of
majeure or distress.
Must comply with other
generally accepted
international
regulations, procedures
and practices for safety
at sea and pollution
from ships (SOLAS,
IMO, Aviation
Standards)
Refrain from research
and survey activities
during passage unless
prior authorisation is
obtained (Art 40)
 and subsoil, and the resources
therein (Art 49)
o Subject to the right of other
states
 Right existing
agreement (art51)
 Recognition to the
traditional fishing and
other activities by
neighbouring states
 recognise the existing
CHAPTER 7: ARCHIPELAGIC STATES rights and other
legitimate interests
 A State constituted wholly by one or which the State has
more archipelagos and may include traditionally exercised,
other islands (art46) i.e. laying cables,
 A group of islands, including parts of navigation, overflight
islands, interconnecting waters and (Art 47(6)
other natural features which are  Recognition of existing
closely interrelated that such islands, submarine cables,
waters and other natural features form maintenance and
an intrinsic geographical, economic replacement with due
and political entity, or which historically notice (Art 51(2)
have been regarded as such  Recognition of
o Island - An island is a naturally navigational rights of
formed area of land, other States – right of
surrounded by water, which is innocent passage
above water at high tide  the passage may be
(art121) suspended temporarily
o Natural features including rock and in specified areas
island for security reason (Art
o Rock island 52(2)
 Right of archipelagic states  archipelagic sea lane
o Art 47: to draw archipelagic o Art 53: Designated sea lanes
baselines and the waters so and air routes in consultation
enclosed are archipelagic with the competent
waters organisation (IMO)
o Art 53(1), To draw archipelagic o Similar to Transit Passage
sea lane and air routes except less enforcement and
according to IMO jurisdiction over pollution
o Art 50: within archipelagic caused by foreign vessels
baseline, archipelagic State o 50 miles wide
can draw closing lines across o Crossing both archipelagic
river mouths, bays, ports on waters and territorial sea of the
individual islands archipelagic State
 Legal status of the archipelagic waters o Include normal passage routes
o An archipelagic State shall used for international
have sovereignty over its navigation or overflight
archipelagic waters,  10% rule
superjacent airspace, seabed
 o Contained in UNCLOS Art 53.5
- designed to limit the distance
vessels (primarily warships)
can approach the coast of an
archipelagic state.
 If an archipelagic State does not
designate the sea lane and air routes,
it will be presumed from the routes
normally used for international
navigation (53(12)
 Differences from Territorial Sea
o Provision of sea lane to foreign
vessels
o Route of over flight to aircraft
o Guarantee on the existing
rights exercisable within
archipelagic waters
CHAPTER 8: THE EXCLUSIVE
ECONOMIC ZONE
 EEZ is a zone extending up to 200nm
from the baseline of which the coastal
State has the rights to:
o Natural resources
o Jurisdictional rights
o 3rd states (navigation,
overflight, cable and pipeline
 Delimitation
o The inner limit of EEZ is the
outer limit of TS
o Art 57: “the outer limit of EEZ
shall not extend beyond 200nm
from baselines.
 Island
o Rock cannot sustain human
habitation or economic, can’t
claim EEZ
o Non independence territories
o Territory lying within the area
which the Antarctic treaty 1959
applies, south of 60 south.
 3 main elements
o The rights and duties which the
UNCLOS accords to coastal
States.
o The rights and duties which the
UNCLOS accords to other
States.
o Formula provided by the
UNCLOS for regulating
activities which do not fall
within the two categories.
 Right & duties of the coastal states
o Art56- Sovereign rights for the
purpose of exploring,
exploiting, conserving and
managing:
o Non living natural resources of
the seabed and subsoil
o Economic resources
o Construction of artificial island
o Marine scientific research
o Pollution control
 Right & duties of other states in EEZ
o Art58- navigation subject to
General limitation governing all
freedom of the high seas
o General limitation governing all
freedom of the high seas
o Coastal State’s power of
pollution of control;
o Sovereignty of the coastal
State within 12 nm
o Overflight
o Laying submarine cable and
pipeline
o Conditions: Art 58(3): In
exercising their rights, other
States must have due regards
to the rights and duties of
coastal State
 Management of the living resources
o Art 61- conservation, total
allowable catch
o Art62 – optimum utilization,
based on capacity, excess may
be given to other states
o Art63- stock within more than
one states
o Art64- highly migratory species
 Area of major stock
 Malacca strait
 South China sea
 Sabah, Sarawak and
brunei
 Sulu and selebs sea

 Right & duties of the coastal states (art
CHAPTER 9: COMTINENTAL SHELF
 Continental margin
o Continental shelf proper- from
low water mark to depth 130m
o Continental slope- steeper
slope going 1200m to 3500m
o Continental rise- sea bed
 Right of other states on CS (art 79)
 Continental shelf in unclos III
o 200nm
o Art 76 allow outer limit of the
continental shelf -UK, USA,
Russia have continental
margins more than 200 nm
o Art 76 (4): Where the
continental margin consists of
shelf, slope and rise, but
excluding the deep oceanic
floor with its oceanic ridges
extends beyond 200 nm,
o In each case, the maximum
350 miles of the baseline OR
within 100 miles from the
2,500-metre isobath
77)
o to explore and exploit natural
resources, “sovereign rights”
refers to all rights necessary for
and connected with the
exploitation of the CS
o the mineral and other non-
living resources of the sea bed
and subsoil together with living
organisms belonging to
sedentary species (harvestable
stage)
o To construct artificial islands
installations and structures for
economic purposes
o To authorize drilling on CS
o All states are entitled to lay
submarine cables and
pipelines with the consent and
conditions prescribed by
coastal states
o Other states shall have due
regards to cables or pipelines
 already in position including
possibilities of repairing
existing cables or pipelines.
CHAPTER 10: HIGH SEAS
 High seas convention 1958
o all parts of the sea that are not
included in the territorial seas
or in the internal waters of a
State
o art 86 - 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
o Fishing and Conservation of
the Living Resources of the
High Seas Convention 1958
o Conservation and Management
of Straddling Fish Stocks and
Highly Migratory Fish Stocks
 Legal status
o 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
 types of freedom of the sea (art 87)
o freedom of navigation
o freedom of fishing
o freedom of lay submarine cable
& pipelines
o freedom of fly over
o freedom of construct artificial
island & installations
o freedom of scientific research
o weapon testing
 jurisdiction
o Art 92, the flag State, that is
the State which has granted to
a ship the right to sail under its
flag has the exclusive right to
exercise legislative and
enforcement jurisdiction over
its ships on the high seas
o Flag State is also responsible
to legislate laws prohibiting its
national from breaking or
injuring submarine cables and
pipelines under the high seas,
 Exceptions to the exclusiveness of flag
state
o Piracy (art 100)- any illegal
acts of violence or detention, or
any act of depredation, by the
crew or passengers of a private
ship or a private aircraft and
directed on the high seas
 Ships of all states can
visit and board the
pirate ship (110)
 Pirate ships may be
seized by warships
(107)
 Art 109- The
transmission of sound
radio or television
broadcasts from a ship
or installation on the
high seas intended for
reception by the
general public contrary
 (Art 110) and are
allowed (109(4) to
arrest any person or
ships engaged in
unauthorised
broadcasting
o Slave and drug trafficking (Art
99) Other States may report to
the flag State
o Ships of uncertain nationality
(Art 110)
o Hot pursuit (Art 111) Any State
whose laws has been violated
in tits sovereignty May pursue
and arrest the ship in the high
seas
o Major Pollution incidents (Art
221) State whose coastlines is
 threatened with pollution
Caused by the ships
o Self Defence Unauthorised
broadcasting (Art 109)
o States where unauthorised
transmissions received May
exercise jurisdiction.
o Treaty
 Immunity
o Warships and other
government ships used on
non-commercial basis enjoy
complete immunity on the high
seas (art 59)
o Right to visit (art 110)
 The ship engaged in
piracy.
 The ship engaged in
the slave trade.
 The ship engaged in
unauthorised
broadcasting.
 The ship without
nationality
CHAPTER 11: MARINE SCIENTIFIC
RESEARCH
 Purpose
o Monitoring harvestable fish,
overexploited fish
o Exploitation of offshore oil
o Damaging impact of
exploitation of continental shelf
o Marine environmental impact of
navigating vessels
 UNCLOS III
o Freedom of marine scientific
research at high sea (Art 87)
o All states have right to engage
marine scientific research at
the Area (International Seabed
Area) benefit of mankind (Art
143(1)
o States to promote international
cooperation by effectively
disseminating results of the
research and analysis.
o Approval of marine scientific
research in Art 246(3): for
peaceful purpose and increase
scientific knowledge.
 Consent
o Territorial sea – Art 245 subject
to conditions laid by coastal
States.
o EEZ & CS Consent must be
obtained (Art 246(2)
o States shall establish rules and
procedures ensuring such
consent will not delayed or
denied unreasonably (Art
246(3)
o Consent can be implied if it
was applied by international
organisation and coastal States
is one of the party and has
been withheld within 4 months
(Art 247)
 Restriction
o Use of explosive harmful
substances
o Involving construction and
installation of artificial islands,
installations and structures (Art
246 (5)
 Requirements for MSR at EEZ & CS
(Art 248-253) for applied research
o 6 months in advance
o Allow Coastal state to
participated.
o Provide result to CS and
internationally available
o Not to unjustifiably interfere
with legitimate activities of the
coastal States
 Requirement for installations and
structures (art 259-262)
o Do not have status of artificial
islands nor do they impede
maritime zones.
o should have safety zones up to
500 metres radius around the
object.
o Flag states should respect
such zones.
 o Must not constitute obstacle to
established international
shipping routes.
Must have identification marks
indicating the flag state.
o Must have international agreed
warning signals to ensure
safety at sea.
CHAPTER 12: SETTLEMENT OF
DISPUTES
 Conflicts or disagreement between two
or more states
 Method of settling disputes
o Methods of Peaceful Means
 Negotiations-
Discussion between
States to reach an
agreement.
 Mediation- Alternative
Dispute Resolution
(ADR) normally
provided in the Bilateral
or Multilateral
Agreement between
parties.
o Fact-finding and conciliation
commissions - A commission
establish to inquire and support
fact finding of a dispute
between States.
o Arbitration- A person or a entity
chosen to resolve disputes
outside the courts
o Judicial Settlement- A formal
process by independent court
presided by a judge or judges
to hear the facts of dispute
between States and decides
according to the prescribed
law.
 Settlement of Disputes in UNCLOS III
(PART XV)
o Peaceful means
o Procedures under treaties
o Conciliation procedures (2
conciliators each, 1national
each, 1 chairman, 1 year)
o Compulsory Settlements
 Compulsory settlements
o International Tribunal for the
Law of the Sea Annex VI – 21
members elected by parties
o Arbitral Tribunal Annex VII or,
specified kind of Disputes (5
members, one chosen by each
State, 3 jointly)
o the Tribunal has formed the
following Chambers:
 the Chamber of
Summary Procedure,
 the Chamber for
Fisheries Disputes,
 the Chamber for Marine
Environment Disputes
and
 the Chamber for
Maritime Delimitation
Disputes
o Special Arbitral Tribunal Annex
VIII
 fisheries
 Environmental
protection
 Scientific research or
navigation
o International Court of Justice
(permanent court of
international justice)
o Judges were elected for 9
years term by the UN General
Assembly and Security Council
in accordance with the Court
Statute
 each party has a right
to choose a judge of its
choosing (if no judge of
its national)
 Application could be by
one party, or both agree
to settle by ICJ
 Upon submission of the
application, it cannot be
 withdrawn, and the
judgment is final, no
right of appeal.
 General principles of ICJ
o Locus standi
o Application to treaties and
practices
o Travaux preparatoires
o Customary law presumptions