Ques. Discuss the concept of Mare Liberum as propounded by Hugo Grotius.

Mare Clausum versus Mare Liberum [Short note]

Question 2. Define Continental Shelf and distinguish it from Exclusive Economic Zone.
Critically evaluate the rights and obligations of coastal states in the Exclusive Economic Zone.
Discuss any two Principles of delimitation of Continental Shelf. Show diagrams wherever
required.
Discuss the regime of continental shelf.

WHAT IS CONTNENTAL SHELF?

The continental shelf is the area of seabed that extends from a continent’s shoreline to the
point where the sea bottom drops sharply to the deep ocean floor, known as the continental
slope. It is a relatively shallow and flat underwater platform that can extend hundreds of
kilometers from the shore and varies in width depending on the location.

The continental shelf is part of a coastal state’s territory and is subject to its jurisdiction.
Coastal states have the exclusive right to explore and exploit the natural resources on or
under the continental shelf, such as oil and gas reserves, minerals, and fish stocks. They also
have the responsibility to manage these resources sustainably and to prevent or mitigate any
damage to the marine environment.

Under international law, a coastal state’s continental shelf extends beyond its territorial sea
and can extend up to a maximum of 350 nautical miles (about 650 kilometers) from the
shore, or beyond that if certain geological criteria are met. The United Nations Convention on
the Law of the Sea (UNCLOS) sets out the legal framework for the delimitation of
continental shelf boundaries between neighboring states, in order to prevent disputes over
overlapping claims.

The continental shelf plays an important role in the economies of many coastal states, as it is
a source of valuable natural resources, such as oil and gas. The exploration and exploitation
of these resources can also have environmental impacts, and coastal states are required to
take measures to protect the marine environment in their continental shelf areas.

PRINCIPLES OF DELIMITATION OF CONTINENTAL SHELF

Delimitation is a process involving the division of maritime areas in a situation where two
(or more) States have competing claims. For both States, this act may imply restriction of
their perceived sovereign rights. It is obvious that delimitation by agreement remains the
primary rule of international law.
Principles of delimination of continental shelf:
1. Equidistance Principle
The 1958 Territorial Sea Convention defines equidistance as “the line every point of which is
equidistant from the nearest points of the baselines from which the breadth of the territorial
sea of each of the two States is measured.” The 1958 Continental Shelf Convention contains a
similar definition. This Convention employs the term “median line” for an equidistant line
between opposite States and refers only to a boundary determined by application of the
principle of equidistance in the case of adjacent States. According to the 1958 Conventions,
the use of the equidistance method was obligatory in the absence of an agreement, historical
titles or special circumstances. This was called the combined equidistance/special
circumstances rule.

Part II, Section 2 of UNCLOS sets out the rules applicable to the territorial sea; Article 15
provides: “Where the coasts of two States are opposite or adjacent to each other, neither of
the two States is entitled, failing agreement between them to the contrary, to extend its
territorial sea beyond the median line every point of which is equidistant from the nearest
points on the baselines from which the breadth of the territorial seas of each of the two States
is measured. The above provision does not apply, however, where it is necessary by reason of
historic title or other special circumstances to delimit the territorial seas of the two States in a
way which is at variance therewith.”

2. Equitable Principle
The notion of equity is at the heart of the delimitation of the CS and entered into the
delimitation process with the 1945 proclamation of US President Truman, concerning the
delimitation of the CS between the Unites States and adjacent States.

The Court’s jurisprudence shows that in disputes relating to maritime delimitation, equity is
not a method of delimitation, but solely an aim that should be borne in mind in effecting the
delimitation. The definition of equitable principles is closely related to the idea of unicum,
which means that geographical features of each delimitation case varied so greatly that it is
difficult, if not impossible, to posit any fixed principles applicable for the establishment of
maritime boundaries between States. The idea of the uniqueness of each boundary finds
significant support in the jurisprudence of the ICJ and arbitral tribunals.
THE KEY DIFFERENCE BETWEEN EEZ AND CONTINENTAL SHELF ARE AS
BELOW:
1. Area
Exclusive Economic Zone (EEZ): Maximum 200 nautical miles from baselines.

Continental Shelf (CS): Extend to 350 nautical miles from baselines.

2. Right on Exploration and Exploitation

Exclusive Economic Zone (EEZ): Coastal States have rights to exploration and exploitation
in EEZ. Other states have no rights to exploration and exploitation without permission of
Coastal State.

Continental Shelf (CS): Coastal States have rights to exploration and exploitation in CS.
Other states have no rights to exploration and exploitation without permission of Coastal
State.

3. Rights on Surface Water

Exclusive Economic Zone (EEZ): Coastal states have the right to use living resources in
EEZ.

Continental Shelf (CS): Coastal States have no rights to use living resources in the extended
part of CS.

4. Artificial Island, installation and structure, scientific research

Exclusive Economic Zone (EEZ): Coastal States have rights to build artificial Islands,
installation and structure or scientific research in EEZ.

Continental Shelf (CS): Coastal States have the right to build artificial Islands, installation
and structure or scientific research in the extended part of CS.

5. Navigation and Overflight

Exclusive Economic Zone (EEZ): All States, whether coastal or landlocked, enjoy the
freedoms of navigation and overflight in EEZ.

Continental Shelf (CS): All States enjoy the freedoms of navigation and overflight in CS.

6. Laying of submarine cables and pipelines

Exclusive Economic Zone (EEZ): All States, whether coastal or land-locked, enjoy the
laying of submarine cables and pipelines in EEZ.

Continental Shelf (CS): All States enjoy laying submarine cables and pipelines in CS.
THE RIGHTS AND OBLIGATIONS OF COASTAL STATES IN THE EXCLUSIVE
ECONOMIC ZONE.

In accordance with Article 56 (1) of the United Nations Convention on the Law of the Sea,
the coastal State has more effective sovereign rights by reason of exploring, exploiting,
conserving and caring for herbal resources, whether or not they are habitable, from the waters
overlying the seabed and from the seabed and its subsoil, and in reference to different sports
for the financial exploitation and exploration of the area, consisting of the manufacture of
electrical energy from water, currents and winds.

Article 56 of UNCLOS also provides jurisdiction to the coastal State in relation to islands and
synthetic facilities, marine medical research, and the safety and protection of the marine
environment. However, the coastal State, in order to exercise its rights, must take due account
of the rights of the different States within the EEZ.

In summary, we can say that the EEZ created through Article 56 of the UNCLOS grants the
coastal State an extraordinary jurisdiction over the financial use of the 188 miles located
offshore of the territorial sea, where fishing is of the utmost importance.
Q.EXPLAIN THE CONCEPT OF A CONTAGIOUS ZONE. WHAT IS THE DIFFERENCE
BETWEEN A CONTAGIOUS ZONE AND A TERRITORIAL SEA? DISCUSS WITH
REFERENCE TO THE 1982 UNCLOS

The establishment of a contiguous zone is a fairly ancient practice. Its first manifestations appeared
even before the actual concept of the territorial sea was defined and accepted. However, its acceptance
as a concept in the International Law of the Sea is relatively new. The concept of contiguous zone
developed as a result of the inability of the coastal State to ensure effective protection of all its
interests due to the limited breadth of the territorial sea. The issue of contiguous zone was discussed at
the Hague Codification Conference in 1930. Though there was diversity of opinion regarding the
nature of interests that this zone was designed to protect and the width of the zone, the concept as
such was accepted as lawful by a big majority of States who represented there. Thereafter, the concept
of contiguous zone was fully recognised in the First UN Conference on the Law of the Sea at Geneva.
Article 24 of the Geneva Convention on the Territorial Sea and the Contiguous Zone, 1958 contains
the concept of contiguous zone. It is unequivocally stated in this article that in a zone of the high seas
contiguous to its territorial sea, the coastal State may exercise the control necessary to prevent
infringement of its customs, fiscal, immigration or sanitary regulations within its territorial sea; and
punish infringement of 337 the above regulations committed within its territory or territorial sea. It is
further provided that contiguous zone may not extend beyond 12 miles from the baseline from which
the breadth of the territorial sea is measured

contagious zone and territorial sea are both maritime zones, but they have different definitions and
legal implications:

1. Contiguous zone: A contiguous zone is a maritime zone that extends 12 nautical miles beyond
a country's territorial sea. In this zone, a country can enforce its customs, immigration, and
sanitation laws. However, the country's sovereignty over this zone is limited, and it cannot
claim exclusive rights to the resources in this area. The contiguous zone is considered part of
the high seas, which means that all countries have the right to use this area for navigation,
overflight, and other lawful activities.
2. Territorial sea: The territorial sea is a maritime zone that extends 12 nautical miles from a
country's baseline (usually the low-water line along the coast). Within this zone, a country has
full sovereignty over the waters, airspace, and seabed, and can exercise exclusive rights over
the resources in this area. The territorial sea is considered part of the country's internal waters,
which means that the country has complete control over this area and can regulate or prohibit
foreign ships' entry into this zone.

In summary, the main difference between a contiguous zone and territorial sea is the extent of a
country's sovereignty and jurisdiction over the waters. The territorial sea gives a country complete
control over the area, while the contiguous zone allows a country to enforce certain laws but does not
grant exclusive rights to the resources in this area.

Q. ARE THE RIGHTS OF COASTAL STATES IN TERRITORIAL WATERS

Coastal states have extensive rights in their territorial waters, which extend up to 12 nautical miles
from their baseline. These rights are recognized under international law, including the United Nations
Convention on the Law of the Sea (UNCLOS).

Here are some of the key rights of coastal states in their territorial waters:

1. Sovereignty: Coastal states have full sovereignty over their territorial waters, which means
they have complete authority to enforce their laws and regulations, including environmental
and immigration laws, and to regulate any activities that take place within their waters.
2. Navigation: Coastal states have the right to regulate and control the navigation of ships within
their territorial waters. They can require foreign ships to obtain permission or give notice
 before entering their waters, but they cannot unreasonably restrict innocent passage (i.e., the
right of foreign ships to pass through their waters without engaging in any prohibited
activities).
3. Resource exploitation: Coastal states have exclusive rights to explore, exploit, and manage
the natural resources within their territorial waters, including fish stocks, oil and gas reserves,
and minerals. They can also establish and enforce environmental and conservation measures
to protect these resources.
4. Jurisdiction: Coastal states have jurisdiction over criminal and civil matters that occur within
their territorial waters, including crimes committed by foreign nationals on board foreign
ships. However, they must respect international law and the rights of other states when
exercising this jurisdiction.

In summary, the rights of coastal states in territorial waters are extensive and include sovereignty,
navigation control, resource exploitation, and jurisdiction over criminal and civil matters. These rights
are enshrined in international law and are crucial for ensuring the protection and sustainable use of
marine resources.

Q.WRITE A SHORT NOTE ON TERRITORIAL SEA

A territorial sea is a zone of water extending up to 12 nautical miles from a coastal state's baseline.
The baseline is usually defined as the low-water line along the coast, and the territorial sea is
measured from this line out to sea.

In this zone, a coastal state enjoys full sovereignty and jurisdiction over the waters, seabed, and
airspace, subject to certain international law principles such as the right of innocent passage for
foreign ships. The concept of territorial sea is recognized by international law, including the United
Nations Convention on the Law of the Sea (UNCLOS), as a fundamental component of coastal state
sovereignty.

Coastal states have the right to regulate and control navigation, resource exploitation, environmental
protection, and other activities within their territorial sea. The territorial sea plays a crucial role in the
management and conservation of marine resources, as well as in the protection of national security
and border control. It is an important area for shipping and transportation, and it is subject to a wide
range of legal and regulatory frameworks at both national and international levels.

Q. WHATS THE IDEA OF FREEDOM OF NAVIGATION?(SHORT NOTE)

The idea of freedom of navigation is a fundamental principle of international law that refers to the
freedom of ships to navigate and transport goods across the world's oceans without interference. The
principle recognizes the importance of maritime commerce and transportation for global trade,
economic development, and peaceful relations among nations.

Freedom of navigation is enshrined in the United Nations Convention on the Law of the Sea
(UNCLOS), which sets out the legal framework for the use of the world's oceans and their resources.
UNCLOS guarantees the right of ships to sail through international waters, including straits used for
international navigation, without being subjected to undue delay, interference, or harassment. It also
recognizes the right of innocent passage for foreign ships through a coastal state's territorial sea,
subject to certain conditions.

The principle of freedom of navigation has been critical for maintaining the free flow of international
trade and ensuring access to vital resources, such as oil and natural gas. It has also played an
important role in promoting peaceful relations and cooperation among nations, by ensuring that
disputes over maritime boundaries and resources are resolved through peaceful means, such as
negotiation or arbitration, rather than through force or coercion.