A las students guide about international water law

Maritime zones are divisions of the seas and oceans. Each of these has its own legal framework and implications. The high seas, often known as international waters, play an important role in international law, navigation, and resource extraction. Determining the boundaries and legal framework surrounding international waterways is critical for maintaining order and encouraging global collaboration.

This blog, written by the experts at AllAssignmentHelp, can work as a go-to read for students pursuing a Law course. It has two parts. The first part aims to provide a comprehensive overview of the different maritime zones. Whereas, the second part deals with the high seas, in particular, focusing on their definition, boundaries legal implications, etc.

Different Water Zones

When it comes to national and international water borders, there are certain rules that every nation must comply with. It is a must for individuals to understand these small yet highly important water zones. As it can help them to score well in their law papers. In international law assignments, certain terminologies may be necessary, and confusion can result in losing marks. To be able to have a profound reading about international water zones, students can get more time by assigning their assignment paper to any professional law assignment help service.

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Let’s take a look at these here:

Inland Waters

Inland waterways are bodies of water that are landward of the baseline. Also, these are entirely or partially under the jurisdiction of a coastal state, such as bays, rivers, lakes, and canals. Coastal states have entire control over these seas, including the authority to enact and enforce laws and regulations. National regulations and international treaties govern the extent of inland waters.

Territorial Sea

The territorial sea is the area close to the land territory of a coastal state. It reaches a maximum distance of 12 nautical miles (22.2 kilometers) from the baselines. These are low-water lines along the shore. Within this zone, coastal governments have complete sovereignty, including the authority to regulate and enforce customs, immigration, and pollution management regulations. The United Nations Convention on the Law of the Sea (UNCLOS) provides the legal framework for territorial seas.

Continental Shelf

The continental shelf refers to the seabed and subsoil of the submarine areas. These extend beyond the territorial sea, up to 200 nautical miles or beyond. This is where the natural prolongation of a coastal state’s land territory exists. Coastal states have sovereign rights over the exploration and exploitation of natural resources, both living and non-living, within their continental shelf. The outer boundaries of the continental shelf are determined through scientific and technical evaluations.

Continental Slope

The continental shelf refers to the seabed and subsoil of undersea areas that extend beyond the territorial sea. The coastline can extend up to 200 nautical miles, encompassing a coastal state’s land territory. Within their continental shelf, coastal governments have sovereign rights to explore and utilize natural resources, both living and nonliving. Scientific and technical studies determine the outer limits of the continental shelf.

Contiguous Zone

The contiguous zone extends up to 24 nautical miles (44.4 kilometers) from the baselines. It is adjacent to the territorial sea. Coastal states have limited jurisdiction in this zone to prevent and punish infractions of customs, fiscal, immigration, and sanitary restrictions. However, coastal states’ jurisdiction in the contiguous zone does not extend to matters of navigation or overflight. UNCLOS provides the legal basis for the contiguous zone.

Exclusive Economic Zone

The Exclusive Economic Zone, or EEZ, is a zone close to the territorial sea of a coastal state. Within the EEZ, coastal governments have sovereign rights and control over natural resources, both living and nonliving. Coastal states are also responsible for conserving and managing these resources. The legal framework for the EEZ is provided by UNCLOS.

High Seas

The high seas, also known as international waters, are parts of the world’s oceans. These are beyond any one state’s sovereignty. All states have access to these waterways, which are governed by the principle of “freedom of the high seas.” Freedoms such as navigation, fishing, overflight, and underwater cable installation are enjoyed by both states and people. The UN Convention on the Law of the Sea (UNCLOS) establishes the legal framework for the high seas, including laws on piracy, pollution, and marine resource protection.

In order to deal with the impacts of climate change along with the increasing demand due to the increasing population, there is a need for an integrated approach and supranational to the international waters resource management on the basis of institutional with legal frameworks and shared cost and benefits. It will help in protecting the transboundary from depletion as well as degradation.

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Read more: Climate Change Prevention

Regulations and Other Issues Relating to International Waters

International waters, often known as the high seas, are parts of the world’s oceans that are beyond any single country’s sovereignty. They exist outside of coastal states’ territorial waters and adjacent zones. The starting point of international waters is typically accepted as the point at which a nation’s territorial sea terminates, which is normally 12 nautical miles from a coastal state’s baseline. This principle is codified in Article 3 of the United Nations Convention on the Law of the Sea (UNCLOS).

How Far Offshore Do International Seas Extend?

The usually accepted international water distance is 12 nautical miles (about 22.2 kilometers) from a nation’s shore baseline. This distance is based on the territorial sea principle, which allows coastal governments specific rights and control over a limited area extending from their shores. Depending on national regulations and international agreements, the precise measurement may differ.

Distance of International waters

International waters extend beyond a nation’s coastal baseline by 12 nautical miles. These seas continue until the exclusive economic zone (EEZ) boundary, which normally extends up to 200 nautical miles from the coastline baseline or until the continental shelf’s outer limit, whichever is greater. The particular EEZ and continental shelf bounds and limitations are set by UNCLOS regulations and related bilateral or multilateral agreements.

Difference Between International Waters vs. High Seas

The terms “international waters” and “high seas” are sometimes used interchangeably, as they both refer to parts of the world’s oceans that are outside the jurisdiction of any single state. The technical distinction, however, is found in their legal meanings. The term “high seas” refers to the waters outside national jurisdiction, whereas “international waters” refers to the complete spectrum of marine places where international law applies.

The term “high seas” refers to all areas that are not within a country’s EEZ, territory, or inland waters. “Mare Liberum” means that no one could own the sea. Article 87(2) of the UN Convention on the Law of the Sea states that the freedom of the high seas “shall be exercised with due regard for the interests of other States in their exercise of the freedom of the high seas.”

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In International Waters, What Can Anyone Do?

International waterways are subject to the idea of “freedom of the high seas,” which offers certain freedoms and rights to states and individuals.

The liberties of the high seas are clearly enumerated in Article 87 (1) of the 1982 Convention:

Freedom to fishing
Freedom to overfly
Freedom to navigate
Freedom to conduct scientific research
Freedom to build underwater cables and pipelines
Freedom to build artificial islands and other installations permitted by international law

It is important to note that a ship may not change its flag while on a journey or in a port of call (Article 92 (1)). Every State should exert effective jurisdiction and control over ships flying its flag in administrative, technical, and social areas, as specified in Article 94 (1) of the UN Convention on the Law of the Sea.

International Tribunal for the Law of the Sea (ITLOS)

Following the UNCLOS’s entry into effect in 1994, significant efforts were made to establish an International Tribunal for the Law of the Sea (ITLOS). The ITLOS is an international organization established by the Third United Nations Conference on the Law of the Sea. It was formed by the United Nations Convention on the Law of the Sea, which was signed on December 10, 1982, in Montego Bay, Jamaica. The ITLOS was finally constituted on October 21, 1996, with jurisdiction that is not mandatory and is elective or based on the assent of the States.

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Some Famous Maritime Disputes

There are several disputes over international water. International water disputes occurred due to the enhancement of trade globally. As the trade between countries started expanding and more and more countries started participating in international trade, the need for waterways emerged. The waterway is one of the most used transportation modes for trading goods from one country to another country.

Thus, in order to enhance the trade volume, every country that can use or have access to water bodies engages in trade using the water bodies. If the country enters into the jurisdiction of another country, the second country can oppose the first country which results in a water dispute.

The following are the major water disputes:

Japan-Russia Northern Territories Dispute

Japan and Russia are at odds over the Kuril Islands, which are located in the northern Pacific Ocean. The dispute revolves over fishing rights and access to the abundant maritime resources that surround the islands. The conflict has harmed bilateral relations and hampered regional collaboration.

Iceland-Britain Cod Wars

During the mid-20th century, Iceland and the United Kingdom were involved in confrontations known as the “Cod Wars.” The disagreements revolved around Iceland’s decision to expand its fishing quotas in the North Atlantic. This impacted British fishermen’s access to cod-rich seas. The deployment of naval warships was involved in the conflicts, which resulted in modifications to international law addressing exclusive economic zones.

Spain-Canada Turbot War

In the 1990s, Spain and Canada were involved in a high-seas conflict known as the “Turbot War.” When Spanish trawlers were accused of overfishing turbot in international waters off the coast of Newfoundland, Canada, the confrontation erupted. Canada retaliated by capturing Spanish fishing vessels, escalating tensions and resulting in a diplomatic standoff between the two countries.

Chile-Peru High Seas Squid Dispute

Chile and Peru have a long-running conflict over the management and exploitation of squid resources in the Humboldt Current in the high seas. The main source of contention is disagreement over the maritime boundary and the impact of each country’s fishing methods on the common squid stock.

Taiwan-Japan Fishing Rights Dispute:

Taiwan and Japan have fought for fishing rights in the waters near the disputed Senkaku/Diaoyu Islands in the East China Sea on several occasions. Both countries claim control over the islands, although their interpretations of fishing rights and marine limits in the area differ. The conflict has resulted in skirmishes between fishing vessels and escalated tensions between the two countries.

It is the responsibility of every country that their vessels should carry the flag of the state otherwise according to the international water laws the ship will be considered without nationality. Most of the countries have ratified the UNCLOS (the United Nations Convention on the Law of the Sea) which was entered into force in 1994 and hence it is identified by several countries as reflecting customary international law of the sea.

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Conclusion

Understanding the legal issues of international waterways is critical for encouraging maritime cooperation, guaranteeing navigational safety, and combating criminal activity in these areas. However, the existing arrangement for ocean governance does not ensure sufficient protection for the biological diversity of the high sea. They also do not foster the equitable as well as sustainable use of marine living resources.

International treaties, national legislation, and bilateral/multilateral agreements govern the boundaries, allowed activities, jurisdictional issues, and legal ramifications of international seas. Compliance with these legal frameworks is critical for sustaining peace, security, and the sustainable utilization of high-seas maritime resources.

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