Maritime Zones
Maritime Zones: An Overview
Introduction
Maritime zones are defined areas of the sea adjacent to the coast of a state, over which that state exercises various degrees of sovereignty and jurisdiction.
Understanding maritime zones is important for regulating navigation, fishing rights, resource exploitation, environmental protection, and national security.
Types of Maritime Zones
Territorial Sea
Contiguous Zone
Exclusive Economic Zone (EEZ)
Continental Shelf
High Seas
1. Territorial Sea
Extends up to a specified distance (usually 12 nautical miles) from the baseline (low-water mark).
The coastal state exercises full sovereignty, similar to its land territory.
Foreign vessels have the right of innocent passage, which means passage that is not prejudicial to the peace, good order, or security of the coastal state.
2. Contiguous Zone
Extends beyond the territorial sea up to 24 nautical miles from the baseline.
The coastal state can exercise control to prevent or punish infringement of its customs, fiscal, immigration, or sanitary laws within its territory or territorial sea.
3. Exclusive Economic Zone (EEZ)
Extends up to 200 nautical miles from the baseline.
Coastal state has exclusive rights over natural resources (living and non-living) in the water, seabed, and subsoil.
Other states have freedom of navigation and overflight, and laying of submarine cables and pipelines.
4. Continental Shelf
Extends to the natural prolongation of the land territory to the outer edge of the continental margin or 200 nautical miles from the baseline, whichever is further.
Coastal state has exclusive rights to explore and exploit natural resources on the seabed and subsoil.
It includes mineral and oil resources.
5. High Seas
Waters beyond national jurisdiction.
Open to all states for navigation, fishing, scientific research, and other uses.
Case Law Illustrations
1. The Corfu Channel Case (United Kingdom v. Albania)
The International Court of Justice (ICJ) emphasized the sovereignty of a coastal state over its territorial sea.
However, it recognized the right of innocent passage for foreign vessels through territorial waters.
2. The Anglo-Norwegian Fisheries Case
The ICJ highlighted the importance of baselines in measuring maritime zones.
It affirmed that coastal states have rights to fisheries within territorial seas.
3. The North Sea Continental Shelf Cases (Federal Republic of Germany v. Denmark; Federal Republic of Germany v. Netherlands)
The ICJ dealt with delimitation of the continental shelf among neighboring states.
It emphasized equitable principles in boundary delimitation and recognized the coastal state’s sovereign rights over the continental shelf.
4. The Gulf of Maine Case (Canada v. United States)
The ICJ applied equitable principles and natural prolongation in delimiting maritime zones between states with adjacent coasts.
Summary Table
| Maritime Zone | Distance from Baseline | Rights of Coastal State | Rights of Other States |
|---|---|---|---|
| Territorial Sea | Up to 12 nautical miles | Full sovereignty, including laws and enforcement | Innocent passage allowed |
| Contiguous Zone | Up to 24 nautical miles | Enforcement of customs, immigration, sanitary laws | No sovereignty, limited control |
| Exclusive Economic Zone | Up to 200 nautical miles | Exclusive rights to exploit natural resources | Freedom of navigation, overflight |
| Continental Shelf | Up to natural prolongation or 200 nautical miles | Exclusive rights to seabed and subsoil resources | No interference with exploration |
| High Seas | Beyond national zones | No sovereignty | Freedom of navigation, fishing, research |
Conclusion
Maritime zones represent a gradation of rights a coastal state exercises over adjacent waters, from complete sovereignty in the territorial sea to resource rights in the EEZ and continental shelf, and finally freedom of use on the high seas.
The courts, particularly the International Court of Justice, have played a pivotal role in clarifying these zones and the rights and obligations of states, ensuring peaceful coexistence and equitable use of marine resources.
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