Territorial waters

Zonmar-en

Indonesia-Exclusive-Economic-Zone

Maritime Claims of Ecuador and Peru

Territorial waters, or a territorial sea, is a belt of coastal waters extending at most 12 nautical miles (22.2 km; 13.8 mi) from the baseline (usually the mean low-water mark) of a coastal state. The territorial sea is regarded as the sovereign territory of the state, although foreign ships (both military and civilian) are allowed innocent passage through it. This concept is a significant aspect of the law of the sea, which governs aspects of international law concerning maritime activities.

Definition and Significance

The definition of territorial waters is crucial in the context of international law and is governed by the United Nations Convention on the Law of the Sea (UNCLOS), which came into force on November 16, 1994. According to UNCLOS, a coastal state has sovereignty over its territorial sea, the airspace over it, as well as its bed and subsoil.

Sovereignty over territorial waters includes the right to exploit, manage, and conserve the natural resources found within its boundaries. However, it also comes with responsibilities, such as the duty to protect the marine environment and to allow innocent passage to foreign vessels.

Rights and Responsibilities

Within its territorial sea, a state may exercise control necessary to:

• Prevent infringement of its customs, fiscal, immigration, or sanitary laws and regulations within its territory or territorial sea.
• Punish infringement of the above laws and regulations committed within its territory or territorial sea.

However, the state must not impede the innocent passage of foreign ships through its territorial sea. Innocent passage is defined as passage that is not prejudicial to the peace, good order, or security of the coastal state. Such passage must take place in a continuous and expeditious manner.

Baselines

The normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal state. However, in localities where the coastline is deeply indented or where there is a fringe of islands along the coast in its immediate vicinity, the method of straight baselines joining appropriate points may be used.

Contiguous Zone

Beyond the territorial sea, a state may establish a contiguous zone extending up to 24 nautical miles from its baseline, where it can exercise the control necessary to:

• Prevent infringement of its customs, fiscal, immigration, or sanitary laws and regulations within its territory or territorial sea.
• Punish infringement of the above laws and regulations committed within its territory or territorial sea.

Exclusive Economic Zone

While the territorial sea is limited to 12 nautical miles, a coastal state's Exclusive Economic Zone (EEZ) can extend up to 200 nautical miles from the baseline, where the state has special rights regarding the exploration and use of marine resources, including energy production from water and wind.

Disputes

Territorial waters are often the subject of disputes between states over their extent and the exercise of sovereign rights. Such disputes are usually resolved through negotiations, arbitration, or adjudication by international courts and tribunals.

Conclusion

The concept of territorial waters is a fundamental aspect of the law of the sea and international maritime law. It balances the interests of coastal states in controlling activities off their coasts with the interests of the international community in navigation and overflight.