Maritime Zones and International Law of the Sea
**Marine Areas and Jurisdictions**
Inland Waters
Waters under the full sovereignty of the coastal State are considered inland waters. To define them, we should differentiate them from the territorial sea, which, under the United Nations Convention on the Law of the Sea (UNCLOS), also known as the Jamaica Convention, extends 12 nautical miles from the baseline. The baseline, in turn, can be determined according to two criteria:
- Geographic: The baseline is determined by the low-water mark.
- Technical: The baseline joins points of the coast. From these lines, new lines are drawn at a distance of 12 nautical miles.
The waters between the territory and the baseline are called inland waters and cover ports, bays, etc. The state can exercise its sovereignty directly over them.
The territorial sea is also part of the State’s territory, where it exercises sovereignty directly. The legal distinction between internal waters and the territorial sea lies in the right of innocent passage. In inland waters, navigation is not permitted under any circumstances, while in the territorial sea, all ships can navigate without approval by the state (similar to an easement). However, there is a fundamental requirement to exercise the right of innocent passage: any vessel wishing to exercise that right must do so quickly, continuously, and peacefully.
The Straits Used for International Navigation
The Jamaica Convention classifies three types of straits:
- Historical Straits: Those with treaties governing their legal status and that have been in effect for a long time.
- Non-strategic Straits: Straits that present an alternative route, so that no vessel is required to go through them to exercise innocent passage. They are regulated based on the legal nature of the water in the strait.
- Strategic Straits: They have a special provision in the Jamaica Convention, supported by the great powers, and are based on the principle of freedom of transit passage. They are not governed by the right of innocent passage, as this limits the scope of control and regulation of maritime traffic by the riparian states.
The Continental Shelf
The resources on the continental shelf belong to the coastal states, not the shelf itself. To determine the extent of the continental shelf, there are two criteria:
- Geological Platforms: The State may extend its control over the platform to its natural limits.
- Legal Platforms: The State may establish its limits up to 350 nautical miles. However, between 200 and 350 nautical miles, the proceeds from the resources exploited in it must be delivered to the international community.
If the platform is too small to be extended geologically, it can be extended to the maximum extent legally permitted, allowing the country to exploit resources in this territory with full availability.
Exclusive Economic Zone (EEZ)
This is a special area of any coastal State that stretches 200 nautical miles from the territorial sea baseline. The area within these 200 nautical miles is not the territory of the State, but the State has sovereign rights over the resources that exist in this area.
High Seas
The high seas are the area beyond all jurisdictions of different countries and are an area of absolute freedom for all kinds of activities. However, the issue of jurisdiction over ships at sea arises. According to Article 90 of the Jamaica Convention, the applicable jurisdiction is the exclusive jurisdiction of the flag state, meaning that all such vessels are subject to the jurisdiction of the State in which they are registered. This gives rise to the phenomenon known as “flags of convenience.”
However, there are some exceptions to this principle, such as human trafficking, drug trafficking, and piracy. In these cases, the principle does not apply, and any state can apprehend and prosecute the offenders.
Seabed
Beyond the continental shelf lies the seabed, legally known as “the Zone.” It is defined as any substance that extends beyond the continental shelf. There is an important law governing such areas, considering them and their resources as the common heritage of humanity. Therefore, their use should be made in the common interest of mankind.
For their regulation, the International Seabed Authority has been created. It regulates the exploration and exploitation of natural resources in the area. Therefore, any private company that wants to exploit the resources of “The Zone” must obtain permission from the Authority.