1. INTERNATIONAL LAW OF THE SEA
Dr. Indrė Isokaitė
Vilnius University, Law Faculty
Public Law Department
International and European Union Law Institute
2016

2. Territorial Sea and Contiguous Zone
Lecture No 5
Territorial Sea and Contiguous Zone

3. E. G. Territorial Sea: Belgium
mumm.ac.be

4. Territorial Sea: Iran, Iraq, Kuwait
democraticunderground.com

5. Territorial Sea: Concept and Definition
UNCLOS PART II
TERRITORIAL SEA AND CONTIGUOUS ZONE
SECTION 1. GENERAL PROVISIONS
Article 2
Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil
1. The sovereignty of a coastal State extends, beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the territorial sea.
2. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil.
3. The sovereignty over the territorial sea is exercised subject to this Convention and to other rules of international law.

6. Territorial Sea: Concept and Definition
UNCLOS
SECTION 2.
LIMITS OF THE TERRITORIAL SEA
Article 3
Breadth of the territorial sea
Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines determined in accordance with this Convention.

7. Depositing geographical coordinates…
UNCLOS Article 16
Charts and lists of geographical coordinates
1. The baselines for measuring the breadth of the territorial sea determined in accordance with articles 7, 9 and 10, or the limits derived therefrom, and the lines of delimitation drawn in accordance with articles 12 and 15 shall be shown on charts of a scale or scales adequate for ascertaining their position. Alternatively, a list of geographical coordinates of points, specifying the geodetic datum, may be substituted.
2. The coastal State shall give due publicity to such charts or lists of geographical coordinates and shall deposit a copy of each such chart or list with the Secretary-General of the United Nations.

9. http://www. un. org/Depts/los/LEGISLATIONANDTREATIES/depositpublicity

10. Breadth of the Territorial Sea
Historically 3 (“cannon-shot” rule), 4, 6, 12 nautical miles
Up to 12 n. m. under UNCLOS
Examples:
Singapore, Coral Sea Islands,
British Virgin Islands: 3 n. m.
Dominican Republic: 6 n. m. 

11. E. g. Law on the Territorial Sea and the Contiguous Zone of the Republic of China
Article 1
This law is enacted to preserve the sovereignty over the territorial sea and the rights over the contiguous zone of the Republic of China.
Matters not covered by this law shall be governed by the provisions of other related laws.
Article 2
The sovereignty of the Republic of China extends to its territorial sea, the air space over its territorial sea, its seabed and its subsoil.
Article 3
The territorial sea of the Republic of China shall be the sea area between the baseline and the outer limits measuring outwardly twelve nautical miles from the baseline.
Article 4
The delimitation of the baseline of the territorial sea of the Republic of China shall be determined by a combination of straight baseline in principle and normal baseline as exception.

12. E.g. China’s maritime claims…

13. E.g. Germany’s territorial sea
The German statute to implement the UNCLOS regime (Act Implementing the Convention of the Law of the Sea 1982/94), which provides for the necessary adaptation of domestic law, entered into force on 15 June On the basis of the Convention, the Federal Republic of Germany extended the breadth of its territorial sea to a maximum of 12 nautical miles as of 1 January 1995 and proclaimed the establishment of an exclusive economic zone in the North and Baltic Seas. In particular, this created the prerequisites for more effective environmental protection and an improvement in shipping safety…

14. Right of innocent passage
SECTION 3.
INNOCENT PASSAGE IN THE TERRITORIAL SEA
SUBSECTION A.
RULES APPLICABLE TO ALL SHIPS
Article 17
Right of innocent passage
Subject to this Convention, ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.

15. Right of innocent passage: purpose and requirements
Navigation through the territorial sea for the purpose of:
passing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or
proceeding to or from internal waters or a call at such roadstead or port facility.
Requirements:
Passage shall be continuous and expeditious. Stopping and anchoring possible only in so far as the same are incidental to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.
Shall be not prejudicial to the peace, good order or security of the coastal State and take place in conformity with UNCLOS and with other rules of international law.

16. Right of innocent passage: requirements
UNCLOS Article 20
Submarines and other underwater vehicles
In the territorial sea, submarines and other underwater vehicles are required to navigate on the surface and to show their flag.

17. Presumptions of non-innocent passage
Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities:
(a) any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations;
(b) any exercise or practice with weapons of any kind;
(c) any act aimed at collecting information to the prejudice of the defense or security of the coastal State;
(d) any act of propaganda aimed at affecting the defense or security of the coastal State;

18. Presumptions of non-innocent passage
(e) the launching, landing or taking on board of any aircraft;
(f) the launching, landing or taking on board of any military device;
(g) the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State;
(h) any act of willful and serious pollution contrary to this Convention;
(i) any fishing activities;
(j) the carrying out of research or survey activities;
(k) any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State;
(l) any other activity not having a direct bearing on passage.

19. Coastal State’s Legislative Jurisdiction UNCLOS Article 21: Laws and regulations of the coastal State relating to innocent passage
Costal State’s right to adopt and, if adopted, obligation to give do publicity of national laws and regulations on:
(a) the safety of navigation and the regulation of maritime traffic;
(b) the protection of navigational aids and facilities and other facilities or installations;
(c) the protection of cables and pipelines;
(d) the conservation of the living resources of the sea;
(e) the prevention of infringement of the fisheries laws and regulations of the coastal State;
(f) the preservation of the environment of the coastal State and the prevention, reduction and control of pollution thereof;
(g) marine scientific research and hydrographic surveys;
(h) the prevention of infringement of the customs, fiscal, immigration or sanitary laws and regulations of the coastal State.

20. UNCLOS Article 22. Sea lanes and traffic separation schemes in the territorial sea
In Baltic Sea introduced in the Gulf of Gdansk,
Gulf of Finland, etc.
E.G. Germany’s notification to UN: [M.Z.N LOS of 25 March 1996]: Sea lanes and traffic separation schemes in the south-western part of the Baltic Sea - Straits ("Belte") and the Sound ("Sund") - and in the North Sea - German Bay
In addition to the number of IMO conventions dealing with safety of navigation, the Baltic Sea States have agreed on certain navigation safety measures in the Baltic Sea area, including: ship traffic monitoring; ship routing systems including numerous traffic separation schemes and deep water routes; ship reporting; pilotage; and measures related to safety of winter navigation (HELCOM 2009b)…

21. Transit Passage. Passage through Straits used for International Navigation
UNCLOS Part III
High seas – freedom of navigation
Territorial Sea – innocent passage
Regime of transit passage applies to “straits which are used for international navigation between one part of the high seas or an exclusive economic zone and another part of the high seas and exclusive economic zone” (LOSC Article 37)
Archipelagic (sea lanes) passage

22. Transit Passage
Approximately 9 miles (14 km) wide at its narrowest point, the Strait of Gibraltar is the entry point into the Mediterranean Sea from the Atlantic Ocean…

23. Wimbledon case, 1923
’’<…> the German authorities on March 21st, 1921, were wrong in refusing access to-the Kiel Canal to the S.S. "Wimbledon" ; … Article 380 of the Treaty signed at Versailles on June 28th, 1919 between the Allied and Associated Powers and Germany, should have prevented Germany from applying to the Kiel Canal the Neutrality Order promulgated by her on July 25th, 1920 ; … the German Government is bound to make good the prejudice sustained by the vessel and her charterers as the result of this action… <…>’’

24. Corfu Channel Case (UK v. Albania 1949)
On 22nd October 1946 two British cruisers and two destroyers, coming from the south, entered the North Corfu Strait. The channel they were following, which was in Albanian waters, was regarded as safe (it had been swept in 1944 and check-swept in 1945). However, one of the destroyers, the Saumarez, struck a mine and was gravely damaged. The other destroyer, the Volage, was sent to her assistance and, while towing her, struck another mine and was also seriously damaged. Forty-five British officers and sailors lost their lives, and forty-two others were wounded.
An incident had already occurred in these waters on 15th May, 1946: an Albanian battery had fired in the direction of two British cruisers. The United Kingdom Government had protested, stating that innocent passage through straits is a right recognized by international law; the Albanian Government had replied that foreign warships and merchant vessels had no right to pass through Albanian territorial waters without prior authorization…
UK’s naval vessels returned to the strait and cleaned the waters from explosives…

26. Corfu Channel Case (1949)
1. Is Albania responsible for the explosions, and is there a duty to pay compensation?
In its Judgment the Court declared on the first question, by 11 votes against 5, that Albania was responsible and has to pay compensation.
2. Has the United Kingdom violated international law by the acts of its Navy in Albanian waters, first on the day on which the explosions occurred and, secondly, on November 12th and 13th, 1946, when it undertook a sweep of the Strait?
In regard to the second question, it declared by 14 votes against 2 that the United Kingdom did not violate Albanian sovereignty on October 22nd (passage throught straits); but it declared unanimously that it violated that sovereignty on November 12th/13th (mine cleaning operations), and that this declaration, in itself, constituted appropriate satisfaction.

27. Dispute re the Great Belt Bridge
planetware.com

28. CASE CONCERNING PASSAGE THROUGH THE GREAT BELT (FINLAND v
CASE CONCERNING PASSAGE THROUGH THE GREAT BELT (FINLAND v. DENMARK) (PROVISIONAL MEASURES) Order of 29 July 1991
On 17 May 1991 Finland instituted proceedings against Denmark in respect of a dispute concerning passage through the Great Belt (Storebaelt), and the project by the Government of Denmark to construct a fixed traffic connection for both road and rail traffic across the West and East Channels of the Great Belt. The effect of this project, and in particular of the planned high-level suspension bridge over the East Channel, would be permanently to close the Baltic for deep draught vessels of over 65 metres' height, thus preventing the passage of such drill ships and oil rigs manufactured in Finland as require more than that clearance. Please see:

29. Navigation chart
sjofartsverket.se

30. Jurisdiction
Similar to rules of jurisdiction within Internal Sea Waters
Main types:
Civil Criminal
Also…
Legislative
Enforcement
article.wn.com

31. Civil Jurisdiction UNCLOS Article 28
Civil jurisdiction in relation to foreign ships
1. The coastal State should not stop or divert a foreign ship passing through the territorial sea for the purpose of exercising civil jurisdiction in relation to a person on board the ship.
2. The coastal State may not levy execution against or arrest the ship for the purpose of any civil proceedings, save only in respect of obligations or liabilities assumed or incurred by the ship itself in the course or for the purpose of its voyage through the waters of the coastal State.
3. Paragraph 2 is without prejudice to the right of the coastal State, in accordance with its laws, to levy execution against or to arrest, for the purpose of any civil proceedings, a foreign ship lying in the territorial sea, or passing through the territorial sea after leaving internal waters.

32. Criminal Jurisdiction
UNCLOS Article 27
Criminal jurisdiction on board a foreign ship
1. The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its passage, save only in the following cases:
(a) if the consequences of the crime extend to the coastal State;
(b) if the crime is of a kind to disturb the peace of the country or the good order of the territorial sea;
(c) if the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or consular officer of the flag State; or
(d) if such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances.

33. Right of hot pursuit (UNCLOS Art. 111)
Ground:
The hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good reason to believe that the ship has violated the laws and regulations of that State.
Time limits, territorial and other requirements
Such pursuit must be commenced when the foreign ship or one of its boats is within the internal waters, the archipelagic waters, the territorial sea or the contiguous zone of the pursuing State, and may only be continued outside the territorial sea or the contiguous zone if the pursuit has not been interrupted. [… ]
If the foreign ship is within a contiguous zone, as defined in article 33, the pursuit may only be undertaken if there has been a violation of the rights for the protection of which the zone was established.

34. Right of hot pursuit (UNCLOS Art. 111)
The right of hot pursuit shall apply mutatis mutandis to violations in the exclusive economic zone or on the continental shelf, including safety zones around continental shelf installations, of the laws and regulations of the coastal State applicable in accordance with this Convention to the exclusive economic zone or the continental shelf, including such safety zones.
The right of hot pursuit ceases as soon as the ship pursued enters the territorial sea of its own State or of a third State.

35. Contiguous Zone SECTION 4. CONTIGUOUS ZONE Article 33 Contiguous zone
1. In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the control necessary to:
(a) prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea;
(b) punish infringement of the above laws and regulations committed within its territory or territorial sea.
2. The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured.

36. Contiguous Zone
wiki.colby.edu

37. Special Zones Example: Denmark has four functional/special zones
4 n. m. customs zone (might be extended to 12 nm); 24 mile archaeological zone; Icebreaking service zone; buoyage zone (extensive to 200 n. m. continental shelf and fishing territory)

38. Archeological Zone UNCLOS Article 303
Archaeological and historical objects found at sea
1. States have the duty to protect objects of an archaeological and historical nature found at sea and shall cooperate for this purpose.
2. In order to control traffic in such objects, the coastal State may, in applying article 33, presume that their removal from the seabed in the zone referred to in that article without its approval would result in an infringement within its territory or territorial sea of the laws and regulations referred to in that article.
3. Nothing in this article affects the rights of identifiable owners, the law of salvage or other rules of admiralty, or laws and practices with respect to cultural exchanges.
4. This article is without prejudice to other international agreements and rules of international law regarding the protection of objects of an archaeological and historical nature.

39. Underwater Archeology
Part of Heritage Law
Beneath the surface of our oceans lies a physical record of humankind preserved in prehistoric and historic shorelines, shipwrecks, inundated cities, harbors, and other traces of our past...
Main Principles:
Preservation in situ, sharing knowledge and best technologies, etc.

40. Underwater Archeology
One must remember that there is a difference between legitimate archaeology and commercial exploitation of the underwater cultural heritage.
Historic cannon from the 1733 Spanish Plate Fleet wrecked in the Florida Keys. Salvaged by treasure hunters in the 1970s and never conserved, it now is rotting on the roadside…

41. Underwater Archeology
“An anchor in its original location on a shipwreck can tell us whether the ship wrecked while moored or while sailing, and if the sailors tried to save themselves or if they were taken unaware. An anchor in front of a bait and tackle store tells us nothing except that iron rusts. If you’re a diver, would you rather see that anchor on a shipwreck, covered in coral and surrounded by fishes, still in place where it fell on the sea floor? Or would you rather see it rotting away on the roadside? Ultimately, it’s up to us – all of us, not just archaeologists and cultural resource managers – to decide what is an acceptable fate for the relics of our heritage.”   Dr Della Scott-Ireton Northwest Region Director Florida Public Archaeology Network

42. Underwater Archeology
erkline.com
“Yet, the value of most historic shipwrecks can never be measured in monetary terms. The real treasures which lie beneath our oceans are the time-capsules of the past. It is the aim of marine archaeology to unlock them.“

43. Underwater archeology. Removal of wrecks
2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage
“Underwater Cultural Heritage” means all traces of human existence having a cultural, historical or archaeological character, which have been partially or totally under water, periodically or continuously, for at least 100 years.
Convention deals with preservation, protection from commercial exploitation, cooperation in all aspects… does not regulate ownership of ship wrecks.
2007 Nairobi International Convention on the Removal of Wrecks The Convention provides a sound legal basis for coastal States to remove, or have removed, from their coastlines, wrecks which pose a hazard to the safety of navigation or to the marine and coastal environments, or both. It will make ship owners financially liable and require them to take out insurance or provide other financial security to cover the costs of wreck removal. It will also provide States with a right of direct action against insurers.

44. Thank you!