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International Law

Law of the Sea I: Maritime Zones under UNCLOS and Indian Law

The law of the sea balances two ideas: the freedom of the seas, championed by Grotius in Mare Liberum (1609), and the coastal state's interest in the waters off its shore. The United Nations Convention on the Law of the Sea, 1982 (UNCLOS) settles this balance through a series of maritime zones measured from baselines. This note covers baselines and each zone, with India's Maritime Zones Act, 1976.

1. Development and Baselines

  • Codification. The first UN Conference produced four Geneva Conventions in 1958 but could not fix the breadth of the territorial sea; the third Conference (1973 to 1982) produced UNCLOS, which entered into force on 16 November 1994; India ratified it in 1995.
  • Normal baseline, Article 5. The low-water line along the coast as marked on official charts.
  • Straight baselines, Article 7. Permitted where the coastline is deeply indented or fringed with islands; in Anglo-Norwegian Fisheries (1951), the ICJ upheld Norway's straight baselines along its skjaergaard coast.
  • Bays, Article 10. A bay may be closed by a line of up to 24 nautical miles if its area is at least that of a semicircle drawn on the closing line; historic bays are an exception.
  • Archipelagic states, Article 47. States such as Indonesia and the Philippines may draw archipelagic baselines joining their outermost islands.

Maritime zones measured from the baseline

Figure 1: Maritime zones measured from the baseline

2. Internal Waters and Territorial Sea

  • Internal waters. Waters landward of the baseline, including ports, are subject to full sovereignty, with no right of innocent passage, except where new straight baselines enclose waters not previously internal (Article 8(2))
  • Territorial sea, Articles 2 and 3. Up to 12 nautical miles; sovereignty extends to the airspace, seabed and subsoil.
  • Innocent passage, Articles 17 and 18. Ships of all states enjoy innocent passage, which must be continuous and expeditious, though stopping incidental to ordinary navigation or for distress is allowed.
  • Meaning of innocent, Article 19. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state.
  • Submarines, Article 20. Must navigate on the surface and show their flag.
  • Jurisdiction on board, Articles 27 and 28. Criminal jurisdiction over a passing foreign ship is exercised only where the consequences extend to the coastal state, the crime disturbs its peace, assistance is requested, or for drug trafficking.

Activities that make passage not innocent

Figure 2: Activities that make passage not innocent

  • Corfu Channel (UK v Albania), 1949. States have a right in peacetime to send warships through straits used for international navigation between two parts of the high seas without prior authorisation, provided passage is innocent; Albania was responsible for failing to warn of mines in its waters.
  • Transit passage, Articles 37 to 44. In straits used for international navigation, all ships and aircraft enjoy transit passage, which cannot be suspended.

3. Contiguous Zone and Exclusive Economic Zone

  • Contiguous zone, Article 33. Up to 24 nautical miles; the coastal state may exercise control to prevent and punish infringement of its customs, fiscal, immigration or sanitary laws within its territory or territorial sea.
  • EEZ, Articles 55 to 57. Up to 200 nautical miles; a specific legal regime that is neither territorial sea nor high seas.
  • Coastal state rights, Article 56. Sovereign rights to explore, exploit, conserve and manage natural resources, living and non-living, and for economic uses such as energy from water, currents and winds; jurisdiction over artificial islands, marine scientific research and protection of the marine environment.
  • Other states, Article 58. Freedoms of navigation and overflight and of laying submarine cables and pipelines.
  • Fisheries, Articles 61 and 62. The coastal state fixes the allowable catch and gives other states access to any surplus.

4. Continental Shelf and Islands

  • Definition, Article 76. The seabed and subsoil extending beyond the territorial sea throughout the natural prolongation of land territory to the outer edge of the continental margin, or to 200 nautical miles where the margin falls short; beyond 200 miles, the outer limit may not exceed 350 miles or 100 miles from the 2,500 metre isobath, and is fixed on the basis of recommendations of the Commission on the Limits of the Continental Shelf.
  • Inherent rights, Article 77. Sovereign rights over the shelf's natural resources, including sedentary species, exist ipso facto and ab initio and do not depend on occupation or proclamation (North Sea, 1969); the doctrine began with the Truman Proclamation, 1945.
  • Islands, Article 121. Islands generate all zones, but rocks that cannot sustain human habitation or economic life of their own have no EEZ or continental shelf.
  • South China Sea arbitration (Philippines v China), 2016. An Annex VII tribunal held that China's claim to historic rights within the nine-dash line had no legal basis under UNCLOS and that none of the Spratly features was a fully entitled island; China rejected the award.

5. India's Maritime Zones

The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976

Figure 3: The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976

  • Before UNCLOS. India enacted the 1976 Act before UNCLOS was concluded, anticipating its zones.
  • Declarations. On ratifying UNCLOS, India declared that it may require prior notice from foreign warships entering its territorial sea, and that other states may not carry out military exercises or manoeuvres, particularly involving weapons or explosives, in its EEZ and continental shelf without its consent.
  • Fishing. The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981 regulates foreign fishing in Indian waters.

⚠ Exam trap

Territorial sea 12 nm, contiguous zone 24 nm, EEZ 200 nm, continental shelf to 200 nm or the outer margin up to 350 nm, all measured from the baseline. Straight baselines: Anglo-Norwegian Fisheries (1951). Innocent passage: not prejudicial to peace, good order or security (Article 19); warships may pass through international straits (Corfu Channel, 1949). Continental shelf rights are inherent (Article 77). Rocks get no EEZ (Article 121(3)). India's 1976 Act requires prior notice for warships and covers security in the contiguous zone.

6. Frequently Asked Questions

Do warships enjoy innocent passage through the territorial sea?

UNCLOS grants innocent passage to ships of all states without distinguishing warships, and Corfu Channel (1949) recognised warships' passage through international straits. Some states, including India, require prior notice or authorisation for warships, a position contested by maritime powers.

Is the EEZ part of the coastal state's territory?

No. The coastal state has sovereign rights over resources and specified jurisdiction, not sovereignty; other states keep freedoms of navigation, overflight and laying cables and pipelines.

7. Related Topics

  • Topic 28: Law of the Sea II. High seas, piracy and Enrica Lexie.
  • Topic 29: Law of the Sea III. Deep seabed, ITLOS and delimitation.
  • Topic 33: State Jurisdiction. Jurisdiction over ships.