LAW OF SEA Territorial sea Introduction Law of

LAW OF SEA Territorial sea

Introduction Law of sea has developed steadily and gradually since the time of Grotius. Earlier the powerful states laid extensive claims of sovereignty over specific portions of the open sea. With the development in trade and commerce in the 20 th centaury and the realization of the inexhaustible use of the sea the classic principle of freedom of the sea has been eclipsed.

The law developed out of well settled usages culminating in customary law. Many nations made sweeping claims to protect their economic and military interest. These development stressed the urgency for the codification of the law in order to strive uniformity and resolve maritime conflicts among nations. The matter was put on the agenda of international law commission in 1949.

On the basis of the drafts in 1958, the first UN conference on law of sea took place at Geneva. The convention was attended by 82 states which adopted the following 4 conventions:

Convention on the Territorial Sea and the Contiguous Zone Convention on the high sea Convention on fishing and conservation of the living resources Convention on the continental shelf

After this more conventions also came into existence with the passage of law. The UN convention on the law of sea is very comprehensive covering almost every aspect of the law of the sea. By 31 st jan 1995, it had been ratified by 72 states.

Territorial sea The 1958 Geneva Convention on territorial sea and contiguous zone provided that the coastal state exercises sovereignty over the part of the sea which is called territorial water. The coastal states exercise sovereignty not only over the territorial water but also over air space above it.

Problems of the width of the territorial waters: Up to 18 th centaury canon shot rule was prevalent. According to Bynker – Shoek, the breath of the maritime belt extend to that distance where a canon can fire. Up to 19 th centaury the range for canon shot was 3 miles. With the progress of science this rule become useless. In order to fix the width of maritime belt the first attempt was made in the Hague conference of 1930, but with no success.

Next attempt was made in Geneva Conference in 1958, but no agreement could be reached. Different states claimed different width of territorial water. In order to solve this problem another Geneva conference was held in 1960 wherein USA submitted a compromising formula. This formula envisaged 6 miles of territorial water and outside this there should be another 6 miles given to the coastal states for fishing etc. unfortunately this proposal could not be accepted.

The controversy finally resolved by adoption of UN convention on the law of sea in 1982. According to Article 3 of the convention breath of territorial sea is 12 nacutile miles measured from baselines.

Innocent passages The right of foreign merchant vessels to have innocent passage through the territorial water of a state is a well recognized principal of international law. The law in this connection was codified in the Geneva convention on the territorial sea and the contiguous zone 1958. According to article 14 provides that ships of all states shall enjoy innocent passage through the territorial sea.

It is for the purpose either of traversing that without entering into internal water or for making for the high seas from internal waters. Passage is innocent so long as it is not prejudicial to the peace, security to the coastal state. Submarines are required to navigate on the surface and to show their flag. It is also provided that coastal state must not hamper innocent passage through territorial water.

However they required to give appropriate publicity to any danger to navigation, of which it has knowledge, within its territorial water Foreign ships exercising the right of innocent passage shall comply with the law enacted by the coastal state in conformity with the convention and other rules of international law.