notes law of the sea fatihah.doc

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Students are required to identify the 5 maritime zones established by LOST 1982 and briefly explain their spatial limits in relation to the baselines of the coastal states. Nurul Fitrah Fatihah Fatin Salleh AEU130018 The maritime zones include internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, the continental shelf, the high seas and the Area as recognized under international law. The boundaries of these maritime zones between coastal nations are established through international agreements entered into by those nations. According to The United Nations Convention on the Law of the Sea (UNCLOS) 1982 there are seven divisions of Ocean Areas as stated above. 5 maritime zones established by LOST 1982: 1. Territorial sea The Territorial Sea is an area extending from internal waters to the seaward side. According to the Article 3 of UNCLOS declares that a nation may establish a territorial sea that extends up to 12 nautical miles from the baselines. Within the territorial sea, a nation has exclusive sovereignty over the water, seabed, and airspace. In addition, the treaty established that all nations have the

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Page 1: notes law of the sea fatihah.doc

Students are required to identify the 5 maritime zones established by LOST 1982 and

briefly explain their spatial limits in relation to the baselines of the coastal states.

Nurul Fitrah Fatihah Fatin Salleh

AEU130018

The maritime zones include internal waters, the territorial sea, the contiguous zone, the

exclusive economic zone, the continental shelf, the high seas and the Area as recognized

under international law. The boundaries of these maritime zones between coastal nations

are established through international agreements entered into by those nations. According

to The United Nations Convention on the Law of the Sea (UNCLOS) 1982 there are

seven divisions of Ocean Areas as stated above.

5 maritime zones established by LOST 1982:

1. Territorial sea

The Territorial Sea is an area extending from internal waters to the seaward side.

According to the Article 3 of UNCLOS declares that a nation may establish a territorial

sea that extends up to 12 nautical miles from the baselines. Within the territorial sea, a

nation has exclusive sovereignty over the water, seabed, and airspace. In addition, the

treaty established that all nations have the right of innocent passage through the territorial

sea of another nation and that, outside certain conditions, the nation laying claim to the

territorial sea cannot hamper innocent passage of a foreign vessel. Moreover, UNCLOS

adopted the basic concepts of the territorial sea and the right of innocent passage that has

been codified in the Convention on the Territorial Sea and the Contiguous Zone, but the

new treaty went a step further by establishing the limits of a nation's territorial sea.

By the late 1960's many nations recognized a 12-mile limit to the territorial sea. At

the start of the UNCLOS, only twenty-five nations maintained the traditional claim of 3

nautical miles. Sixty-six nations were claiming 12 nautical miles, fifteen nations claimed

between 4 and 10 nautical miles, and eight nations were claiming an astounding 200

nautical miles.

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2. Contiguous zone

The Contiguous Zone is a region of the seas measured from the baseline to a distance of

24 nautical miles. Within this region, a nation may exercise the control necessary to

prevent the infringement of its customs, fiscal, immigration or sanitary laws and

regulations within its territory or territorial sea, and punish infringement of those laws

and regulations committed within its territory or territorial sea.

3.Exclusive economic zone

The Exclusive Economic Zone or "EEZ" is a region that stretches a distance of no more

than 200 nautical miles from a nation's baselines. Within its EEZ, a nation may explore at

exploit the natural resources (both living and inanimate) found both in the water and on

the seabed, may utilize the natural resources of the area for the production of energy

(including wind and wave/current), may establish artificial islands, conduct marine

scientific research, pass laws for the preservation and protection of the marine

environment, and regulate fishing. One of the primary purposes behind establishing the

EEZ was to clarify the rights of individual nations to control the fish harvests off their

shores. The 200-mile limit established by UNCLOS is not an arbitrary number. It is

derived from the fact that the most lucrative fishing grounds lie within 200 nautical miles

from the coast as this is where the richest phytoplankton (the basic food of fish) pastures

lie.

4. Continental shelf

The continental shelf is a naturally-occurring geological formation. It is a gently sloping

undersea plain between the above-water portion of a landmass and the deep ocean. The

continental shelf extends to what is known as the continental slope, a point at which the

land descends further and marks the beginning of the ocean itself. It is host to most of the

world's oceanic plant and animal life and plays a vital role in energy production, from

offshore oil and gas reserves to renewable energy resources.

5. High sea

Waters beyond a nation's EEZ are considered to be the high seas. The high seas are still

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governed the "freedom of the seas" concept, albeit a modified version. Just as with the

classical version, no nation may lay claim to any portion of the high seas. The high sea

are open to the all states, whether coastal or land-locked. In addition, nations are

permitted freedom of navigation and overflight, freedom to lay submarine cables and

pipelines, freedom to construct artificial islands, freedom of fishing, and freedom of

scientific research. Other provisions regarding the high seas include a prohibition on the

transport of slaves, piracy, illegal drug trafficking, and the suppression of unauthorized

radio or television broadcasting.