By 1982, the custom of asserting a 12 nm territorial sea, 24 nm contiguous zone, and 200 nm eez was codified in the united nations convention on the law of the sea unclos. Convention on the territorial sea and contiguous zone, entry into. Adopting the principles set forth in the united nations convention on the law of the sea unclos, the maritime limits are not only depicted on nautical charts, but nautical charts serve. M wide, but may be more if a state claims territorial sea less than 12. Adopting the principles set forth in the united nations convention on the law of the sea unclos, the maritime limits are not only depicted on nautical charts, but nautical charts serve as the basis from which the limits are measured. The convention on the territorial sea and contiguous zone. The newest concept of the montego bay convention was the exclusive economic zone. The polish contiguous zone the exercise of the coastal. Contiguous zone sovereignty versus sovereign rights 1. Another report was the convention on the presented to the general territorial sea and the assembly 1957 by the contiguous zone. United nations convention on the law of the sea part ii.
Contiguous zone which is adjacent to the territorial sea and may not extend beyond 24. Under the unclos the contiguous zone falls not within the high seas but within an exclusive economic zone. Unlike the territorial sea, the contiguous zone only gives jurisdiction to a state on the oceans surface and floor. United nations convention on the law of the sea, 1982. Unclos i resulted in four treaties concluded in 1958. In a zone contiguous to its territorial sea, described as the. Unclos sections the oceans, splitting marine areas into five main zones, each with a different legal status. Convention on the territorial sea and the contiguous zone, 1958. In this zone the country can enforce laws only in 4 areas viz. Second conference on the law of the sea no new agreements.
It replaced the four geneva conventions of april, 1958, which respectively concerned the territorial sea and the contiguous zone, the continental shelf, the high seas, fishing and conservation of living resources on the high seas. The maritime areas under unclos the legal nature of. The contiguous zone is defined in unclos art 33, which reiterates its first codification in the 1958 convention on the territorial sea and contiguous zone tsc convention10 and reflects customary international law. Contiguous zone exclusive economic zone fisheries zone continental shelf, including submissions to the clcs see introductory note state unclos ratification, accession date. The united nations convention on the law of the sea was opened for signature at montego bay, jamaica, on 10 december 1982. Land continental crust granite geological continental shelf base of the slope geological rise territorial sea contiguous zone high seas exclusive economic zone unclos 58, 1115 gchs 2630 high seas unclos 86,87,112115 3 nautical miles 12 nautical miles 24 nautical. The effect is an expansion of chinese influence in the south china sea and an increasing challenge to. Contents and achievements of the 1982 united nations. Internal waters, territorial sea, contiguous zone, exclusive economic zone eez and.
Convention on the territorial sea and the contiguous zone. In laymans language unclos defines who owns what part of the sea. United nations convention on the law of the sea wikipedia. Agreement relating to the implementation of part xi of the united nations convention on the law of the sea of 10 december 1982 28 july 1994, ares48263 33 i. Legal status of archipelagic waters, of the air space over archipelagic waters and of their bed and. Chinese domestic law in the south china sea center for. United nations convention on the law of the sea unclos. United nations convention on the law of the sea unclos b. Extension of contiguous zone for enforcement to 24 nautical miles. Ii however, the conference did not specify what the rules were and the exact nature of the rights. An area whose limits coincide with those of the contiguous zone, in which the coastal state may submit to its approval the removal of historic and archaeological. This evolved into a zone whereby a coastal nation had exclusive control over all economic exploration and exploitation of the natural resources off its coast. The contiguous zone refers to the area 12 nautical miles beyond the territorial waters.
The eez, article 55 is an area beyond and adjacent to the territorial sea, subject to the. Table of claims to maritime jurisdictionaugust2010 new ver3. The sovereignty of a state extends, beyond its land territory and its internal waters, to a belt of sea adjacent to its coast, described as. In the exclusive economic zone, the coastal state has jurisdiction with regard to the estab lishment and use of artificial islands, installations and structures, marine. What is the international law of the sea unclos 1982. The first united nations conference on the law of the sea unclos i from february 24 until april 29, 1958. Territorial sea and contiguous zone concept and development rose varghese. The international court of justice and the law of the sea. This means that it is 24 nautical miles from the baseline limit.
Juridical status of the air space over the territorial sea and of its bed and subsoil. Unclos i accepted that the sovereignty of a state extends. The delimitation of maritime zones and boundaries foreseen by the united nations convention on the law of the sea unclos is a factor of economic growth, effective management of the coastal and ocean environment and the cornerstone for maritime spatial planning. The united nations convention on the law of the sea unclos, also called the law of the sea convention or the law of the sea treaty, is the international agreement that resulted from the third united nations conference on the law of the sea unclos iii, which took place between 1973 and 1982. Maritime zones under international law law of the sea. In other words, vessels are allowed to pass as long as it is not prejudicial to the peace, good order or security of the coastal state unclos article 17. Maritime zones delimitation problems and solutions. Download pdf back to issue in recent years, the different branches of the chinese government have strategically used domestic law to put chinese maritime claims into context, create ambiguity about the legality of chinese claims, and expand chinese influence over disputed maritime zones. The law of the sea convention defines the rights and responsibilities of nations with respect to. Articles 1, 2, 3 and 66 juridical status of the territorial sea.
The convention on the territorial sea and contiguous zone of 1958 is an international treaty which entered into force on 10 september 1964, one of the four agreed upon at the first united nations convention on the law of the sea unclos. Only one article of unclos article 33 is devoted to the contiguous zone, where it is defined as the area of the ocean out to 24 nautical miles from the coastline. Part ii the territorial sea and contiguous zone part iv archipelagic states part v exclusive economic zone part vi the continental shelf part vii high seas part x right of access of landlocked states part xi the area 3. In a zone contiguous to its territorial sea, described as the contiguous zone. They are mentioned in various articles, but their regime is not fully elaborated the territorial sea. Coastal states rights in the maritime areas under unclos tullio. Selected preparatory documents in chronological order. The polish contiguous zone the exercise of the coastal state. Gutierrez the imli manual on international maritime. Measurement of the breadth of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf. A maritime zone adjacent to the territorial sea that may not extend beyond 24 nautical miles nms from the baselines from which the breadth of the territorial sea is measured. Unclos article 121 and itu aba in the south china sea. Report of the international law commission on the work of its first session acn.
Currently, about 90 coastal states have the contiguous zones. In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal state may exercise the control necessary to. The united nations convention on the law of the sea unclos defines high seas as the area beyond the eez, contiguous zone and territorial waters. Four conventions on the law of the sea have been drafted. In 1956, the united nations held its first conference on the law of the sea unclos i atgeneva, switzerland. In a zone of the high seas contiguous to its territorial sea. Y then new y exclusive economic zone eez were to be addressed by coastal states, whereas crimes committed on the high seas were to be. Unclos of 10 december 1982 relating to the conservation and manage ment of straddling fish stocks and highly migratory fish stocks, 1995, 2167. Specific provisions on straits complete its treatment the contiguous zone archipelagic waters the exclusive economic zone. Continental shelf of the coastal state defined earlier. The contiguous zone refers to a band of water extending from the outer edge of the territorial sea to up to 24 nautical miles from the baseline. Within the contiguous zone the coastal state may exercise the control necessary to prevent and punish infringement of its customs, fiscal, immigration, or. United nations convention on the law of the sea main page.
Maritime boundaries delimitation and dispute resolution in. Territorial sea and the contiguous zone was a mixture of wellestablished and emerging rules. The maritime areas under unclos the maritime areas envisaged by unclos are. Under unclos, a coastal nation has the right to establish a contiguous zone 024 nm from shore 9 where it may exercise the control necessary to prevent and punish violations of various laws in these waters, including customs, fiscal, immigration and sanitary matters. In general, unclos iii divides ocean waters into five jurisdictional zones the territorial sea, the contiguous zone, the exclusive economic zone, the continental shelf, and the high seas and establishes the rights and duties of coastal states and other nations within those zones. Legal status of archipelagic waters, of the air space over archipelagic waters and of. Contents of 1982 unclos 1958 conventions unclos i convention on the territorial sea and contiguous zone convention on the continental shelf convention on the high seas convention on fishing and conversation of the living resources of the high seas 1982 convention unclos iii 17 parts, 320 articles, 9 annexes.
The contiguous zone is an extension of the coastal states powers over the territorial sea because when the coastal state enforces its customs, fiscal, immigration, or sanitary laws or regulations, it does so with regard to infringements of these laws carried out within the coastal states territory or. International regulation of exploitation of seabed minerals in. In the contiguous zone the coastal state has the jurisdiction to regulate and put laws into in order to prevent and punish. Unclos stands for united nations convention for the law of seas. The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured. The legal nature of coastal states rights in the maritime areas.
Maritime zones and the determination of the national. The united nations convention on the law of the sea unclos is an international treaty which was adopted and signed in 1982. Territorial sea and contiguous zone concept and development. Sources of treaties and international agreements vi. Eez of india the region between the contiguous zone and 200 nautical miles into the sea as the high seas. Contiguous zone definition of contiguous zone by the. Within the contiguous zone, a state has the right to both prevent and punish infringement of fiscal, immigration, sanitary, and customs laws within its territory and territorial sea. Redefining the territorial sea in the clean water act. Unclos i adopted the four conventions, which are commonly known as the 1958 geneva conventions. It entered into force on 14 november 1994 and is presently binding for 154 states, as well as the european community as of 24 july 2008. Contiguous zone continued article 15 meaning of the right of innocent passage continued 38th meeting. The convention on fishing and conservation of the living resources of the high seas was easily the least well received of the four conventions. Maritime zones and boundaries form the outermost limits of coastal.