When the Freedom of the Seas doctrine was signed in the seventeenth century, little was known about the ocean and its economic values. The ocean was just a vast expanse of water acting as a barrier to human being’s insatiable craves for new territories. The doctrine thus limited a nation’s sovereignty just beyond 3 miles of its coastal baseline. The water beyond that was free for everyone but belonged to none.
With the burgeoning energy demand and surge in our technological capabilities, we had to push ourselves off the lithosphere into the new frontier of hydrosphere. As the technology developed and we got a better understanding of plethora of natural resources that oceans offer; as the strategic importance of coastal water for national security was realized, conflicts began to develop over the ownership of the oceans.
The LOST
The growing complexities of our sophisticated society clamored for an international framework on the law governing the ownership of seas and oceans. The UN council then came up with the Law of Sea Treaty (LOST) in 1973. But due to conflict of interests amongst several nations it could not come to enforcement until 1982.
Baseline
Normal Baseline - the low water line along the coast. Anything landwards of the baseline – rivers, lakes or canals is internal to the coastal nation.
Straight Baseline - The baseline could be deviated in certain cases from its normal definition:
Territorial Sea
Any coastal nation will get the sovereignty over the airspace and the stretch of water 12 nautical miles (NM) seawards of the baseline.
Contiguous Zone
This is the zone contiguous to the territorial sea and may not extend beyond 24 NM from the baseline. The rights of the coastal nation within this zone are to:
Exclusive Economic Zone (EEZ)
EEZ is an area beyond territorial sea and not extending beyond 200 NM from the baseline. This region grants the sovereign rights to the coastal nation for the purpose of exploring and exploiting, conserving and managing the natural resources, living or non-living, of the waters, seabed and its subsoil.
Land locked states also has the right to exploit an appropriate part of the surplus of the living resources of the EEZ.
Continental Shelf
The continental shelf of a coastal state comprises the seabed and subsoil that extends to a distance of 200 NM from the baselines. In accordance with the EEZ which is a part of the continental shelf, the coastal state exercises sovereign rights for the purpose of exploring and exploiting its natural resources. However, all states are entitled to lay submarine cables [1] and pipelines on the continental shelf.
Extended Continental Shelf/Outer Continental Shelf
The coastal state has sovereign right over non- living resources in the ECS (or OCS) but no right over the living resources.
The ECS could extend to the length given by the following formula:
However, its distance from the baseline cannot exceed the length given by the following formula:
High Seas
The high seas are the stretches of water beyond 200 nm from the baseline. All states, whether coastal or land-locked, are entitled to fish and lay submarine cables and pipelines on the bed of the high seas.
Innocent Passage
A foreign floating vessel complying with the terms of being innocent and desiring to cross territorial water of a coastal nation has the right of Innocent Passage. Any submarine has to navigate to the surface and raise its flag during the procedure. The coastal state can implement sea lanes in its territorial sea to manage traffic.
Transit Passage
Transit Passage grants the freedom of navigation and overflight solely for the purpose of continuous and expeditious transit across a Strait [6].
Notes
Bibliography
With the burgeoning energy demand and surge in our technological capabilities, we had to push ourselves off the lithosphere into the new frontier of hydrosphere. As the technology developed and we got a better understanding of plethora of natural resources that oceans offer; as the strategic importance of coastal water for national security was realized, conflicts began to develop over the ownership of the oceans.
The LOST
The growing complexities of our sophisticated society clamored for an international framework on the law governing the ownership of seas and oceans. The UN council then came up with the Law of Sea Treaty (LOST) in 1973. But due to conflict of interests amongst several nations it could not come to enforcement until 1982.
Baseline
Normal Baseline - the low water line along the coast. Anything landwards of the baseline – rivers, lakes or canals is internal to the coastal nation.
Straight Baseline - The baseline could be deviated in certain cases from its normal definition:
- Deeply indented and cut into coastline.
- Fringe of islands along the coast.
- Historic significance of water. Eg: Libya’s Line of Death to include Gulf of Sidra as internal waters.
- In case of Archipelago, if the ratio of area of water to that of land is between 1:1 and 9:1, then the archipelagic nation is allowed to draw its baseline joining the outermost points of the outermost islands.
Territorial Sea
Any coastal nation will get the sovereignty over the airspace and the stretch of water 12 nautical miles (NM) seawards of the baseline.
Contiguous Zone
This is the zone contiguous to the territorial sea and may not extend beyond 24 NM from the baseline. The rights of the coastal nation within this zone are to:
- Prevent infringement of its customs
- Ensure sanitation by demanding health check of the crew or passengers onboard a ship
Exclusive Economic Zone (EEZ)
EEZ is an area beyond territorial sea and not extending beyond 200 NM from the baseline. This region grants the sovereign rights to the coastal nation for the purpose of exploring and exploiting, conserving and managing the natural resources, living or non-living, of the waters, seabed and its subsoil.
Land locked states also has the right to exploit an appropriate part of the surplus of the living resources of the EEZ.
Continental Shelf
The continental shelf of a coastal state comprises the seabed and subsoil that extends to a distance of 200 NM from the baselines. In accordance with the EEZ which is a part of the continental shelf, the coastal state exercises sovereign rights for the purpose of exploring and exploiting its natural resources. However, all states are entitled to lay submarine cables [1] and pipelines on the continental shelf.
Extended Continental Shelf/Outer Continental Shelf
The coastal state has sovereign right over non- living resources in the ECS (or OCS) but no right over the living resources.
The ECS could extend to the length given by the following formula:
| Maximum of (60 NM ahead of the foot of the slope [2] AND Line where thickness of sediment [4] is 0.01 times its length from the foot of the slope) |
However, its distance from the baseline cannot exceed the length given by the following formula:
| Maximum of (350 NM from the baseline AND 100 NM ahead of the 2,500 meter isobath [5]) |
High Seas
The high seas are the stretches of water beyond 200 nm from the baseline. All states, whether coastal or land-locked, are entitled to fish and lay submarine cables and pipelines on the bed of the high seas.
Innocent Passage
A foreign floating vessel complying with the terms of being innocent and desiring to cross territorial water of a coastal nation has the right of Innocent Passage. Any submarine has to navigate to the surface and raise its flag during the procedure. The coastal state can implement sea lanes in its territorial sea to manage traffic.
Transit Passage
Transit Passage grants the freedom of navigation and overflight solely for the purpose of continuous and expeditious transit across a Strait [6].
Notes
- A Submarine Communications Cable is a cable laid on the sea bed between land-based stations to carry telecommunication signals across stretches of ocean. Modern cables use optical fiber technology to carry digital data, which includes telephone, Internet and private data traffic.
- Foot of the Slope is the point of maximum change in the gradient of the continental shelf at its base. This is calculated by analyzing Bathymetric Data.
- Bathymetry is the study of underwater depth of lake or ocean floors.
- Thickness of the sediment is calculated by analyzing seismic data.
- Isobath is a line on a map connecting points of equal underwater depth.
- Straits connect one High Sea or EEZ to another. The states bordering straits may designate sea lanes for navigation in straits to promote the safe passage of ships.
Bibliography