Convention on the territorial sea and the contiguous zone, 1958. Contiguous zone continued article 15 meaning of the right of innocent passage continued 38th meeting. Within the contiguous zone the coastal state may exercise the control necessary to prevent and punish infringement of its customs, fiscal, immigration, or. 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. Contents and achievements of the 1982 united nations. Articles 1, 2, 3 and 66 juridical status of the territorial sea. 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. The united nations convention on the law of the sea unclos is an international treaty which was adopted and signed in 1982. What is the international law of the sea unclos 1982. Under the unclos the contiguous zone falls not within the high seas but within an exclusive economic zone. On 29 april 1958, as recorded in the final act aconf. Contiguous zone which is adjacent to the territorial sea and may not extend beyond 24.
Territorial sea and the contiguous zone was a mixture of wellestablished and emerging rules. 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. 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. The legal nature of coastal states rights in the maritime areas. The polish contiguous zone the exercise of the coastal. The convention on the territorial sea and contiguous zone. Maritime zones delimitation problems and solutions. Ii however, the conference did not specify what the rules were and the exact nature of the rights. Maritime zones and the determination of the national. The maritime areas under unclos the legal nature of. Territorial sea and contiguous zone concept and development. 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.
Second conference on the law of the sea no new agreements. The maritime areas under unclos the maritime areas envisaged by unclos are. 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 fact that contiguous zone is in the part dealing with territorial zone again makes it evident that its existence and object is to act as a buffer zone having the rights in extension of the territorial sea before entering into the eez, which is part of the high sea. In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal state may exercise the control necessary to. In a zone contiguous to its territorial sea, described as the. United nations convention on the law of the sea unclos b. In 1956, the united nations held its first conference on the law of the sea unclos i atgeneva, switzerland.
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. 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. Convention on the territorial sea and the contiguous zone. In this zone the country can enforce laws only in 4 areas viz. Another report was the convention on the presented to the general territorial sea and the assembly 1957 by the contiguous zone. Redefining the territorial sea in the clean water act. United nations convention on the law of the sea part ii. 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. United nations convention on the law of the sea main page. Convention on the territorial sea and contiguous zone, entry into. In the contiguous zone the coastal state has the jurisdiction to regulate and put laws into in order to prevent and punish. 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. Territorial sea and contiguous zone concept and development rose varghese. 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.
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 unclos defines high seas as the area beyond the eez, contiguous zone and territorial waters. The eez, article 55 is an area beyond and adjacent to the territorial sea, subject to the. Coastal states rights in the maritime areas under unclos tullio.
They are mentioned in various articles, but their regime is not fully elaborated the territorial sea. 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. The polish contiguous zone the exercise of the coastal state. Contiguous zone sovereignty versus sovereign rights 1. United nations convention on the law of the sea, 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. Developing nations participated but with no significant voice of their own. M wide, but may be more if a state claims territorial sea less than 12. The convention on fishing and conservation of the living resources of the high seas was easily the least well received of the four conventions. In laymans language unclos defines who owns what part of the sea. 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 law of the sea convention defines the rights and responsibilities of nations with respect to. The effect is an expansion of chinese influence in the south china sea and an increasing challenge to. Four conventions on the law of the sea have been drafted.
Maritime zones under international law law of the 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 article 121 and itu aba in the south china sea. Internal waters, territorial sea, contiguous zone, exclusive economic zone eez and.
The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured. 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. Unlike the territorial sea, the contiguous zone only gives jurisdiction to a state on the oceans surface and floor. Extension of contiguous zone for enforcement to 24 nautical miles. Unclos i accepted that the sovereignty of a state extends. The first united nations conference on the law of the sea unclos i from february 24 until april 29, 1958. 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.
The contiguous zone refers to the area 12 nautical miles beyond the territorial waters. United nations convention on the law of the sea unclos iii 1982. Unclos of 10 december 1982 relating to the conservation and manage ment of straddling fish stocks and highly migratory fish stocks, 1995, 2167. In a zone of the high seas contiguous to its territorial sea. Maritime zones and boundaries form the outermost limits of coastal. Chinese domestic law in the south china sea center for. 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. Maritime boundaries delimitation and dispute resolution in. The united nations convention on the law of the sea was opened for signature at montego bay, jamaica, on 10 december 1982. Contiguous zone definition of contiguous zone by the. 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. Gutierrez the imli manual on international maritime. The newest concept of the montego bay convention was the exclusive economic zone. 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.
Sources of treaties and international agreements vi. 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. 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. This means that it is 24 nautical miles from the baseline limit. United nations convention on the law of the sea unclos. Measurement of the breadth of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf. Eez of india the region between the contiguous zone and 200 nautical miles into the sea as the high seas.
In a zone contiguous to its territorial sea, described as the contiguous zone. Selected preparatory documents in chronological order. United nations convention on the law of the sea wikipedia. Legal status of archipelagic waters, of the air space over archipelagic waters and of. Unclos sections the oceans, splitting marine areas into five main zones, each with a different legal status. Continental shelf of the coastal state defined earlier. Currently, about 90 coastal states have the contiguous zones. 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. Unclos i resulted in four treaties concluded in 1958. Table of claims to maritime jurisdictionaugust2010 new ver3. The international court of justice and the law of the sea. Specific provisions on straits complete its treatment the contiguous zone archipelagic waters the exclusive economic zone. Unclos stands for united nations convention for the law of seas.
Juridical status of the air space over the territorial sea and of its bed and subsoil. International regulation of exploitation of seabed minerals in. 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. 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. 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. 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.
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