The Law of the Sea: Maritime Zones and Sovereign Rights under UNCLOS
Synopsis
Introduction
UNCLOS
History of UNCLOS
Inland waters
Territorial Sea
Contiguous Zone
Exclusive Economic Zone
Continental Shelf
High Seas
Conclusion
Introduction:
The Law of the Sea is a part of international law that controls how countries use the oceans. It sets rules for things like sea borders, navigation, fishing, and use of marine resources. The main agreement on this topic is the United Nations Convention on the Law of the Sea (UNCLOS), adopted in 1982. UNCLOS divides the sea into different zones—like inland waters, territorial sea, EEZ, and high seas—and explains what rights each country has in those zones. It helps countries share the ocean fairly and protect the marine environment.
UNCLOS (United Nations Convention on the Law of the Sea)
Law of the Sea is the United Nations Convention on the Law of the Sea (UNCLOS), adopted in 1982 and enforced from 1994. Often described as the “constitution of the oceans,” UNCLOS provides comprehensive rules governing maritime zones, navigation rights, environmental protection, and resource management.
Law of the Sea is a branch of international law that governs the rights and responsibilities of states in maritime environments. It deals with navigation, territorial waters, sea resources, and marine environment protection
History of UNCLOS
Early Developments
17th–19th centuries, Maritime law was largely based on the principle of freedom of the seas, advocated by Dutch jurist Hugo Grotius in the early 1600s. States generally only exercised control over a narrow belt of sea adjacent to their coastlines (typically 3 nautical miles).As maritime trade and naval power grew, disputes over fishing rights, navigation, and sea boundaries increased.
Geneva Conventions on the Law of the Sea (1958)
Before the modern UNCLOS (1982), the international community first attempted to codify the law of the sea through four Geneva Conventions adopted at the First United Nations Conference on the Law of the Sea (UNCLOS I) in 1958.
The Four Geneva Conventions (1958)
1. Convention on the Territorial Sea and the Contiguous Zone
2. Convention on the High Seas
3. Convention on Fishing and Conservation of the Living Resources of the High Seas
4. Convention on the Continental Shelf
Inland waters
Inland Waters, also known as internal waters, refer to all water bodies on the landward side of a coastal state’s baseline—the line from which the breadth of the territorial sea is measured. These include rivers, lakes, canals, ports, bays, and the waters between islands and the mainland when enclosed by straight baselines.
According to international law, especially under the United Nations Convention on the Law of the Sea (UNCLOS), inland waters are considered part of a state's complete sovereign territory—just like its land. Unlike the territorial sea, foreign vessels have no right of innocent passage through inland waters unless the coastal state specifically allows it. This gives the coastal state absolute control over navigation, entry, and activities within these waters.
Territorial sea
The Territorial Sea is a fundamental concept under the United Nations Convention on the Law of the Sea (UNCLOS), granting a coastal state full sovereignty over the sea area extending up to 12 nautical miles (approximately 22.2 kilometers) from its baseline.
Within this zone, the coastal state has the right to exercise complete control, similar to its land territory, over the water, air space above it, seabed, and subsoil. UNCLOS also recognizes the right of innocent passage for foreign vessels through the territorial sea. Coastal states may suspend innocent passage temporarily in certain areas for security reasons, but such actions must be non-discriminatory.
Contiguous zone
The Contiguous Zone is a part of the sea that lies just after a country’s Territorial Sea, going up to 24 nautical miles (about 44 kilometers) from the coast. In this zone, the country doesn’t have full control like it does in its territorial sea, but it does have special rights to protect its laws.
This means the country can take action if someone breaks its customs, immigration, tax, or health laws—for example, smuggling goods, bringing illegal migrants, or spreading disease. In this zone, the state are allowed to fisheries for the livelihood.
Exclusive Economic Zone
The Exclusive Economic Zone (EEZ) is a special area of the sea that stretches up to 200 nautical miles (about 370 kilometers) from a country’s coast. In this zone, the coastal country doesn’t fully own the sea like it does in its territorial waters, but it has special rights to use and manage natural resources. This includes fishing, oil and gas exploration, mining, and using wind or water energy.
Other countries are allowed to sail or fly over the EEZ, but they cannot take any resources from it without permission. The EEZ helps countries benefit from the sea around them while still allowing peaceful international use. It is an important part of the law of the sea, giving coastal countries control over valuable ocean resources without claiming full ownership of the waters.
Continental shelf
The Continental Shelf is the sea floor that gently slopes from a country’s land into the ocean. It is part of the underwater land, not the water above it. According to international law, a country has the right to use the seabed and everything under it up to 200 nautical miles (about 370 km) from its coast — and even more if the shelf naturally continues.
The country can take things like oil, gas, and minerals from under the sea in this area. But other countries can still sail or fish in the water above the shelf. So, the continental shelf gives a country the right to use the ground under the sea, but not full control of the water above it.
High sea
The High Seas are the parts of the ocean that are far away from land — more than 200 nautical miles from any country’s coast. No country owns the high seas. That means all countries can use them equally.
On the high seas, ships from any country can travel, fish, do research, and explore, but they must follow international rules. Countries are not allowed to fight, pollute, or do illegal activities like piracy there. The high seas are shared by everyone, and the goal is to keep them free, peaceful, and clean for all people around the world.
Conclusion
The Law of the Sea plays an important role in maintaining peace, cooperation, and fairness among nations that use the world’s oceans. By clearly defining maritime zones and the rights of each country, UNCLOS helps protect ocean resources, ensure safe navigation, and promote international understanding. As global challenges like pollution and overfishing grow, following these rules is more important than ever to keep the oceans safe and sustainable for future generations.