United Nations Convention on the Law of the Sea
The international agreement for States division of the ocean environment was a conference that convened in New York in 1973. It ended nine years later with the adoption in 1982 of a constitution for the seas - the United Nations Convention on the Law of the Sea (UNCLOS). The ending result was a global diplomatic effort to regulate and write rules for all ocean areas, all uses of the seas and all of its resources that came into force on November 14th 1994.
Coastal Zoning through the Treaty
Map showing the breakdown of International Rights from the UNCLOS.
Image: Wikipedia, 28.02.2007
Internal Waters
Those waters that are on the landward side of the baseline* from which the breadth of the territorial waters are measured are defined as internal waters (UNCLOS, art 8). Within this territory, a State has absolute sovereignty. It may however have obligations to emit foreign vessels into its ports (Gibson 2008).
* The normal baseline for territorial seas is defined as the low water line along the coast as marked on large-scale charts officially recognised by the coastal State under UNCLOS article 5. These can incorporate straight lines between bays, islands or internal waters up to 24 nautical miles (nm) belonging to said State (UNCLOS, art 9) (Gibson 2008). This does not incorporate rocks that do not support human habitation or economic life (i.e. Rockall).
Territorial Sea
Sovereignty of a State still applies in the Territorial Seas (UNCLOS, art 2). However, foreign vessels have rights of “innocent passage” (UNCLOS, art 17) within this zone. Passage is deemed innocent so long as it is not prejudicial to the peace, good order or security of the coastal State (Gibson 2008).
The zone extends 12 nm from the baseline (UNCLOS, art 3), in the absence of mutual agreement or what is defined as a median line (UNCLOS, art 15) between two or more States with coasts opposing, or adjacent to each other.
Although the molesting of foreign ships in innocent transit is forbidden within the territorial zone, the State is allowed to regulate the manner in which the right is exercised. Moreover, under article 21 of UNCLOS, the State is encouraged to enforce legislation that heightens navigation safety, ocean resources, protection from pollution, fiscal, immigration security and scientific exploration (Gibson, 2008).
Contiguous Zone
Originally placed at 12 nm from baseline by the Territorial Sea Convention, later by UNCLOS this optional zone was increased to 24 nm.
Its purpose was to create a zone adjacent to the territorial zone (UNCLOS, art 13) to increase to the practice of custom, fiscal, immigration and sanitary laws.
Exclusive Economic Zone
The Exclusive Economic Zone or EEZ is a zone that extends 200 nm from the established baseline in articles 55 and 57 of UNCLOS.
The zone provides sovereignty to the Sate within this area, giving it sole rights to resources within the established zone (UNCLOS, art 56). Within the zone other States have the ability, as in territorial waters, to move through these waters and, if allowed by the occupying State, the right to benefit from the occupiers resources or area (i.e. lying of underwater cables) through licensing, leasing etc.
EEZ’s have been described as one of the most beneficial, politically challenging and contentious parts of the UNCLOS with negligible results. It is reasonably accurate to say that virtually all the various sections of UNCLOS relate, more or less, to the EEZ. The EEZ is, in effect, the hub of a wheel, with many spokes radiating out from it (Applebaum, 2008).
It should also be noted that Brittan, as part of the European Economic Community (EEC), have ceded jurisdiction over fisheries within the EEC, and can only impose restrictions towards its own fishing persons (Gibson, 2008).
Continental Shelf
Geologists refer to the continental shelf as the margin between the shoreline and the shelf break into the deep water.
In regards to the law, UNCLOS article 76 defines it as;
The submerged prolongation of the land territory of the coastal State - the seabed and subsoil of the submarine areas that extend beyond its territorial sea to the outer edge of the continental margin, or to a distance of 200 nautical miles where the outer edge of the continental margin does not extend up to that distance (UN 2008).
According to the same article;
The coastal State may establish the outer limits of its juridical continental shelf wherever the continental margin extends beyond 200 nautical miles by establishing the foot of the continental slope, by meeting the requirements stated for the thickness of sedimentary rocks, by satisfying geomorphological requirements and by meeting distance and depth criteria, or by any combination of these methods (Article 76, paragraphs 4 - 7) (UN 2008).
Sovereign rights of the State apply to this zone too, especially for the purpose of exploring for scientific benefits and hydro-carbon exploitation, like the Challenger Group for Natural Environment Research Council (NERC). The exploitation of the natural resources however is confined to mineral and non-living resources including sedimentary species of living organisms (UNCLOS, art 76).
Again, the interference towards other States oceanic transit is forbidden, but the control within the zone is limited to control over resources and dumping of wastes (UNCLOS 210).
In practice the continental shelf is more of an extension on the EEZ, a wider jurisdiction for Sates with an un-declared EEZ, or an extension for states where their continental shelf extends beyond 200 nm zone (Gibson 2008).
The total legal perimeter established and accepted by the U.K. through UNCLOS amounts to approximately 867,400 km2 of U.K. waters (161,200 km2 territorial and 706,200 km2 offshore, excluding territorial waters of Isle of Mann and the Channel Isles) (JNCC 2008)
Map of Total Defined Territorial U.K. Waters Image: Defra, 2002
Department for Food Environment & Rural Affairs (Defra), 2002, Safeguarding Our Seas, A Strategy for the Conservation and Sustainable Development of Our Sea, Crown Copyright, 2002, London
Gibson J. (23.03.2008) UK Coastal Zone Law Notes, Institute of Marine and Environmental Law, University of Cape Town, 2001, updated 21.02.07, available at http://web.uct.ac.za/depts/pbl/jgibson/iczm/notes/note1.htm#sect2.1
Applebaum B. (22.03.2008). Outline of UNCLOS, Law of the Sea – The Exclusive Economic Zone, 2001, Canadian Museum of Civilization Corporation, last updated 03.03.2001, available at http://www.civilization.ca/hist/lifelines/apple6e.html
United Nations (UN). (01.02.2008). Commission on the Limits of the Continental Shelf (CLCS) The continental shelf, Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, United Nations, 2006, available at http://www.un.org/Depts/los/clcs_new/continental_shelf_description.htm
Joint Nature Conservation Committee (JNCC), 14.02.2008) 1.6.4 Selection of offshore sites, JOCK website, available at http://www.jncc.gov.uk/page-1478
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