Territorial Waters
Territorial waters refer to the areas of water over which a sovereign state has jurisdiction. The concept is a crucial element in international law, particularly with regard to the United Nations Convention on the Law of the Sea (UNCLOS), which is one of the most widely ratified treaties.
Components of Territorial Waters
Territorial waters can be broken down into several key components, each with specific legal implications and rights for the coastal state:
Internal Waters
Internal waters are waters on the landward side of the baseline from which the breadth of the territorial sea is measured. These waters are essentially part of the state’s territory, and the state has full sovereignty over them, akin to its land territory.
The Territorial Sea
The territorial sea is a maritime zone that extends up to 12 nautical miles (22 kilometers) from the baseline of a coastal state. Within this zone, the state exercises sovereignty, similar to that over its land territory. This includes sovereignty over the airspace above and the seabed below. However, vessels of other states enjoy the right of innocent passage through this sea.
The Contiguous Zone
Beyond the territorial sea lies the contiguous zone, which extends up to 24 nautical miles from the baseline. In this zone, the coastal state can exercise control necessary to prevent and punish infringement of its customs, fiscal, immigration, or sanitary laws within its territory or territorial sea.
The Exclusive Economic Zone (EEZ)
The exclusive economic zone extends up to 200 nautical miles from the coastal baseline. Within the EEZ, a state has special rights regarding the exploration and use of marine resources, including energy production from water and wind. Other states have the freedom to navigate, fly over, and lay submarine cables and pipelines.
Extended Continental Shelf
In certain cases, a coastal state may also claim an extended continental shelf beyond the 200 nautical mile limit, provided it can demonstrate that the natural prolongation of its land territory extends beyond this limit. The state gains rights to exploit the mineral resources on or under the seabed.
Archipelagic States
Archipelagic states, such as Indonesia, have the right under UNCLOS to designate sea lanes and air routes suitable for the continuous and expeditious passage of foreign ships and aircraft. Each island can have its own baseline, which affects the territorial sea and other maritime zones.
High Seas
Beyond the exclusive economic zone are the high seas, which are open to all states and are not under the jurisdiction of any single state. All states have the right to navigate, fish, lay cables and pipelines, and conduct scientific research on the high seas.
Historical and Contemporary Issues
The delineation and claims of territorial waters have been a source of tension and sometimes conflict, as seen in areas like the Strait of Hormuz and the Strait of Gibraltar. Efforts to resolve disputes often involve complex negotiations and adherence to international legal frameworks provided by treaties like UNCLOS.