4.

v    Evolution of law of the sea

(1)  pre UN development: 17th cen, determined by customary law. nation has right limited to a belt of water abt 3 nautical miles from national baselines. Beyond is international water. Free for all nationas, not belong to any country. Freedom to navigate, fishing, trade, travel, make war, conduct research.

à 19th: national claim extended right

(2)                4 geneva conventions: on territorial sea & contiguous zone, on highsea, on fishing & living resource of high sea, on continental shelf. à success

(3)                UNCLOS III:

-   draw up a new comprehensive framework concerning issue of use of ocean and marine area. Eg; right and duty of states in territorial sea, EEZ, right of transit passage, navigation and overflight rights, exploitation & explortation

à 21st; more than 150 nation ratified

a. territorial sea.

Article 3 of The 1982 UNCLOS, each coastal country has the right to establish the breadth of its territorial sea up to the limit not exceeding 12 nautical miles measued from the baseline. 

- costal state: within 12 nautical miles from baseline, the coastal state is free to set laws, regulate the use and use of any resources. Fishery, exploration, exploitation, full national jurisdiction

- foreign vessels; right of innocent passage: the foreign vessels are granted the right if innocent passage, passing through internal waters in an expeditious and continuous manner, which is not “prejudicial to the peace, good order or the security” of the coastal state. Not fishing, weapons testing, spying, smuggling, polluting, or scientific research. Submarines and other underwater vehicles are required to navigate in the surface and to show their flag. where territorial waters comprise straits used for international navigation (eg the straits of Gibraltar, Mandeb, Hormuz, Malacca), the navigation rights of foreign shipping are strengthened by the regime of transit passage, which places fewer restrictions on foreign ships. Similar regime exists in major sea-lanes through water of archipelagos like Indonesia.

à the coastal state has certain power of arrest over merchant ships exercising the right of innocent passage, and over the persons on board such ships. But no similar powers of arrest exist in relation to warships.

b. Exclusive Economic Zone (EEZ)

part V article 55 ‘the EEZ is an area beyond and adjacent to the territorial sea subject tii the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal state and the rights and freedoms of other states are governed by the relevant provisions of this convention’

-under UNCLOS, EEZ is covered by articles 56, 58, 59. the EEZ is defined as that portion of the seas and oceans extending up to 200 nautical miles measured from baseline in which coastal states have the right to explore and exploit natural resources as well as to exercise jurisdiction over marine science research and environmental protection(exploit and regulate fisheries, construct artificial islands and installations, use the zone for other economic purposes such as generation of energy from waves, and regulate scientific research by vessels. ). sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds ... The freedom of navigation and overflight, laying of submarine cables and pipelines, as well as other uses consented on the high seas, are allowed.

- EEZ allows coastal states did not gain sovereignty right over EEZ, only jurisdiction, which brought responsibilities and rights.

- other states have three main right: freedom of navigation, of over flight, laying of submarine cables and pipelines.