2.5 Territorial waters

Territorial waters are crucial for coastal states' sovereignty and economic rights. These areas, extending up to 12 nautical miles from the coast, allow nations to control resources, enforce laws, and regulate activities within their maritime boundaries.

International law, particularly the UN Convention on the Law of the Sea, governs territorial waters. It defines zones like internal waters, territorial sea, and exclusive economic zone, each with specific rights and restrictions for coastal states and foreign vessels.

Definition of territorial waters

• Territorial waters are the areas of the sea immediately adjacent to the land territory and internal waters of a coastal state
• The coastal state has sovereignty over its territorial waters, subject to certain rights of passage for foreign vessels
• Territorial waters are an important concept in international law and are governed by the United Nations Convention on the Law of the Sea (UNCLOS)

Importance of territorial waters

Sovereignty and jurisdiction

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• Coastal states exercise full sovereignty over their territorial waters, including the airspace above and the seabed and subsoil below
• This sovereignty allows coastal states to enforce their laws, regulate activities, and protect their national interests within their territorial waters
• Coastal states have jurisdiction over matters such as customs, immigration, sanitation, and criminal activities within their territorial waters

Economic rights and resources

• Coastal states have exclusive rights to exploit and manage the natural resources within their territorial waters
• These resources include fisheries, oil and gas reserves, minerals, and other marine resources
• The economic rights associated with territorial waters are crucial for the development and prosperity of coastal states
• Coastal states can also regulate and control economic activities, such as shipping, tourism, and offshore energy production, within their territorial waters

Zones of territorial waters

Internal waters

• Internal waters are the waters on the landward side of the baseline, such as bays, estuaries, and ports
• Coastal states have complete sovereignty over their internal waters and can set the conditions for entry of foreign vessels
• Foreign vessels have no right of passage through internal waters unless granted permission by the coastal state

Territorial sea

• The territorial sea extends up to 12 nautical miles (22.2 km) from the baseline of a coastal state
• Coastal states have sovereignty over their territorial sea, subject to the right of innocent passage for foreign vessels
• Coastal states can regulate navigation, fishing, and other activities within their territorial sea
• The sovereignty of the coastal state extends to the airspace above and the seabed and subsoil below the territorial sea

Contiguous zone

• The contiguous zone is an area adjacent to the territorial sea, extending up to 24 nautical miles (44.4 km) from the baseline
• In the contiguous zone, coastal states can exercise control necessary to prevent and punish infringements of their customs, fiscal, immigration, or sanitary laws within their territory or territorial sea
• The contiguous zone serves as a buffer area to protect the coastal state's interests and enforce its laws

Exclusive economic zone (EEZ)

• The exclusive economic zone (EEZ) is an area beyond and adjacent to the territorial sea, extending up to 200 nautical miles (370.4 km) from the baseline
• Within the EEZ, coastal states have sovereign rights for exploring, exploiting, conserving, and managing natural resources, both living and non-living
• Coastal states also have jurisdiction over the establishment and use of artificial islands, installations, and structures, marine scientific research, and the protection and preservation of the marine environment
• Other states have freedom of navigation, overflight, and the laying of submarine cables and pipelines within the EEZ, subject to the coastal state's rights and duties

Baselines for measuring territorial waters

Normal baseline

• The normal baseline is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal state
• The normal baseline is used to measure the breadth of the territorial sea and other maritime zones
• In most cases, the normal baseline follows the natural configuration of the coastline

Straight baselines for irregular coasts

• In locations where the coastline is deeply indented or cut into, or if there is a fringe of islands along the coast in its immediate vicinity, straight baselines may be employed
• Straight baselines are straight lines joining appropriate points along the coast, enclosing internal waters behind them
• The drawing of straight baselines must not depart appreciably from the general direction of the coast, and the sea areas within the lines must be closely linked to the land domain
• Straight baselines are used in countries with complex coastlines, such as Norway, Canada, and Indonesia, to simplify the measurement of territorial waters

Innocent passage through territorial waters

Right of innocent passage

• Ships of all states, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea
• Passage is considered innocent as long as it is not prejudicial to the peace, good order, or security of the coastal state
• Innocent passage includes navigation through the territorial sea for the purpose of traversing that sea without entering internal waters, proceeding to or from internal waters, or calling at a roadstead or port facility

Restrictions on innocent passage

• Coastal states may adopt laws and regulations relating to innocent passage through their territorial sea, covering areas such as safety of navigation, conservation of living resources, prevention of pollution, and marine scientific research
• Submarines and other underwater vehicles are required to navigate on the surface and show their flag during innocent passage
• Coastal states may temporarily suspend innocent passage in specified areas of their territorial sea if such suspension is essential for the protection of their security
• Innocent passage does not include activities such as fishing, research, or survey activities without the coastal state's consent

Disputes over territorial waters

Overlapping claims

• Disputes over territorial waters often arise when two or more coastal states have overlapping claims to the same area
• These disputes can occur due to the proximity of the states, the configuration of the coastline, or the presence of islands or other maritime features
• Examples of overlapping claims include the dispute between Greece and Turkey in the Aegean Sea and the competing claims in the South China Sea

Contested islands and maritime features

• Islands and other maritime features, such as rocks and low-tide elevations, can be a source of disputes over territorial waters
• The sovereignty over these features can have significant implications for the delimitation of maritime boundaries and the extent of a state's territorial waters and exclusive economic zone
• Examples of contested islands include the Senkaku/Diaoyu Islands (claimed by Japan and China) and the Spratly Islands (claimed by multiple Southeast Asian countries)

International laws governing territorial waters

United Nations Convention on the Law of the Sea (UNCLOS)

• The United Nations Convention on the Law of the Sea (UNCLOS) is the primary international treaty governing the rights and responsibilities of states in their use of the world's oceans
• UNCLOS was adopted in 1982 and entered into force in 1994, providing a comprehensive framework for the delimitation of maritime zones and the regulation of activities in the oceans
• UNCLOS defines the rights and duties of coastal states with respect to their territorial waters, contiguous zone, exclusive economic zone, and continental shelf
• The convention also establishes mechanisms for the peaceful settlement of disputes related to the interpretation or application of its provisions

Customary international law

• Customary international law is a source of international law that consists of rules derived from the consistent conduct of states, accompanied by a belief that such conduct is legally required (opinio juris)
• Customary international law has played a significant role in the development of the law of the sea, including the concepts of territorial waters and innocent passage
• Some principles of customary international law related to territorial waters have been codified in UNCLOS, while others continue to evolve through state practice and international jurisprudence

Enforcement of territorial waters

Coastal state rights and responsibilities

• Coastal states have the right to enforce their laws and regulations within their territorial waters
• This includes the right to stop, board, and inspect foreign vessels suspected of violating coastal state laws or engaging in illicit activities
• Coastal states are responsible for ensuring the safety of navigation, protecting the marine environment, and conserving marine resources within their territorial waters
• Coastal states may also designate sea lanes and traffic separation schemes to regulate the passage of ships through their territorial waters

Challenges in enforcement

• Enforcing laws and regulations in territorial waters can be challenging due to the vast expanse of ocean areas and limited resources available to coastal states
• Illicit activities, such as smuggling, illegal fishing, and piracy, can be difficult to detect and prevent in territorial waters
• Cooperation between coastal states and other maritime nations is essential for effective enforcement and the maintenance of maritime security
• Technology, such as satellite monitoring, radar systems, and unmanned vehicles, can assist in the surveillance and enforcement of territorial waters

Territorial waters vs international waters

High seas freedoms

• International waters, also known as the high seas, are the areas of the ocean beyond the jurisdiction of any state
• On the high seas, all states enjoy the freedoms of navigation, overflight, fishing, scientific research, and the laying of submarine cables and pipelines
• These freedoms are exercised under the conditions laid down by UNCLOS and other rules of international law
• States are required to exercise these freedoms with due regard for the interests of other states and the protection of the marine environment

Flag state jurisdiction

• Ships on the high seas are subject to the exclusive jurisdiction of their flag state, which is the state under whose laws the ship is registered or licensed
• The flag state has the authority and responsibility to enforce its laws and regulations on its ships, including those related to safety, manning, labor conditions, and environmental protection
• Flag states are required to exercise effective jurisdiction and control over their ships and ensure their compliance with international rules and standards
• In cases of piracy, slave trade, or unauthorized broadcasting on the high seas, any state may seize a ship or aircraft and arrest the persons involved, regardless of their flag state

Environmental protection in territorial waters

Pollution prevention and control

• Coastal states have the right and duty to protect and preserve the marine environment within their territorial waters
• UNCLOS requires states to take measures to prevent, reduce, and control pollution of the marine environment from various sources, including land-based activities, dumping, and vessel-source pollution
• Coastal states may adopt laws and regulations to prevent and control pollution in their territorial waters, consistent with international standards and practices
• Examples of pollution prevention measures include the establishment of marine protected areas, the regulation of ship discharges, and the implementation of oil spill response plans

Conservation of marine resources

• Coastal states have the responsibility to conserve and manage the living resources within their territorial waters
• This includes the right to regulate fishing activities, set catch limits, and establish closed seasons or areas for the conservation of fish stocks
• Coastal states are required to ensure the sustainable use of marine resources and prevent overexploitation
• Cooperation between coastal states and international organizations is essential for the effective conservation and management of shared or migratory fish stocks

Military activities in territorial waters

Navigational rights of warships

• Warships, like other ships, enjoy the right of innocent passage through the territorial sea
• However, coastal states may require warships to leave their territorial waters if they do not comply with the coastal state's laws and regulations concerning passage
• Coastal states may also require prior notification or authorization for the passage of warships through their territorial waters
• Warships are required to respect the coastal state's laws and regulations and refrain from any threat or use of force against the coastal state

Restrictions on military activities

• Coastal states may regulate and restrict military activities within their territorial waters to protect their security and maintain public order
• Military activities that are considered prejudicial to the peace, good order, or security of the coastal state are not considered innocent passage and may be prohibited
• Examples of restricted military activities include weapons exercises, intelligence gathering, and the launching or recovery of aircraft or military devices
• Coastal states may also designate security zones around military installations or critical infrastructure within their territorial waters to protect against potential threats