Chapter 10 (Law of the Sea) Notes of Public International Law

 Chapter 10

Law of the Sea

Concept of the Law of the Sea and its codification

1. Introduction to the Law of the Sea

The Law of the Sea is a branch of public international law that regulates the rights and responsibilities of states concerning the world's oceans. It determines sovereignty, jurisdiction, and resource allocation in maritime areas.

• Oceans cover about 70% of Earth's surface, making them crucial for transportation, trade, and resources.
• The law of the sea governs how states use and protect these waters.
• The primary legal framework is the United Nations Convention on the Law of the Sea (UNCLOS, 1982), often called the "constitution of the oceans."

2. Evolution and Historical Development

A. Early Doctrines

Historically, there were two conflicting views on ocean governance:

1. Mare Liberum ("Free Sea") – Proposed by Hugo Grotius (1609), this idea argued that the sea should remain open for all states.
2. Mare Clausum ("Closed Sea") – Proposed by John Selden (1635), this theory stated that coastal states could claim and control parts of the sea.

The concept of territorial seas (where states could exercise sovereignty) gradually developed in the 18th and 19th centuries.

B. 20th Century Developments

• Freedom of the seas was the primary principle before the 20th century, but states began claiming more control over nearby waters for security, fishing, and resource exploration.
• This led to disputes over the breadth of territorial waters (3, 6, 12, or even 200 nautical miles).

3. Codification of the Law of the Sea

A. UN Conferences on the Law of the Sea (UNCLOS)

To resolve conflicts over maritime zones, the United Nations organized three major conferences:

1. UNCLOS I (1958, Geneva) – Adopted four conventions but failed to define the breadth of territorial waters.
2. UNCLOS II (1960, Geneva) – No consensus was reached on territorial waters.
3. UNCLOS III (1973–1982) – Resulted in the comprehensive United Nations Convention on the Law of the Sea (UNCLOS, 1982).

B. UNCLOS (1982) – The "Constitution of the Oceans"

UNCLOS is the most important treaty governing the seas, covering 320 articles and 9 annexes. Key features include:

• Maritime Zones: Defines territorial waters, contiguous zones, exclusive economic zones (EEZ), and the continental shelf (Articles 3–76).
• Navigation Rights: Establishes rights like innocent passage (Article 17) and transit passage through international straits (Article 38).
• Marine Resource Management: Allocates fishing, oil, and gas exploration rights within Exclusive Economic Zones (EEZ) (Articles 55–75).
• Environmental Protection: Mandates states to prevent marine pollution (Articles 192–237) and protect ocean ecosystems.
• Dispute Settlement: Establishes the International Tribunal for the Law of the Sea (ITLOS) (Articles 279–299) to handle maritime disputes.

C. Key Maritime Zones Under UNCLOS

Zone Extent Rights of Coastal States Rights of Other States UNCLOS Articles Internal Waters Within the baseline Full sovereignty No rights unless permitted Article 8 Territorial Sea Up to 12 nautical miles Full sovereignty but allows innocent passage Innocent passage Articles 2–19 Contiguous Zone 12–24 nautical miles Limited control (customs, security, immigration) Navigation allowed Article 33 Exclusive Economic Zone (EEZ) Up to 200 nautical miles Control over resources (fishing, oil, gas) Navigation and overflight Articles 55–75 Continental Shelf Up to 350 nautical miles Rights over seabed resources Some rights for scientific research Articles 76–85 High Seas Beyond EEZ No state sovereignty (open to all) Freedom of navigation, fishing, and research Articles 86–120 4. Importance of the Law of the Sea Protects Maritime Sovereignty – Helps coastal states define and control their waters. Ensures Free Navigation – Secures global trade routes. Manages Marine Resources – Prevents overfishing and promotes sustainability. Resolves Disputes – Provides a legal framework for handling conflicts over maritime claims. The Law of the Sea is essential for balancing state sovereignty and international cooperation over ocean use. The UNCLOS (1982) is the primary legal instrument, ensuring navigation rights, resource management, and environmental protection. As ocean disputes increase, the legal order of the seas remains crucial for global stability. b.     Legal Status of Various Maritime Zones The United Nations Convention on the Law of the Sea (UNCLOS 1982) divides the ocean into different maritime zones, each with distinct legal statuses and rights for coastal states and foreign vessels. These zones are: Territorial Sea Innocent Passage Contiguous Zone Exclusive Economic Zone (EEZ) Continental Shelf Archipelagic States 1. Territorial Sea (Article 2-3, UNCLOS) Definition: The territorial sea extends up to 12 nautical miles (nm) from the baseline of a coastal state. The coastal state has full sovereignty over the airspace, water, seabed, and subsoil of this area. Rights of Coastal States: Can enforce laws on navigation, fishing, environmental protection, and customs. Can regulate foreign ships but must allow innocent passage. Case Law: Anglo-Norwegian Fisheries Case (UK v. Norway, 1951) – Established the straight baseline principle. 2. Innocent Passage (Articles 17-19, UNCLOS) Definition: "Innocent passage" means a ship can move through the territorial sea without entering internal waters as long as it is not harmful to the coastal state. Applies to both civilian and military ships, though warships may need prior notification in some states. Conditions for Innocent Passage: Must be continuous and expeditious. Cannot be prejudicial to the peace, order, or security of the coastal state. Prohibited Activities (Article 19, UNCLOS): Military exercises or intelligence gathering Fishing activities Pollution or dumping of waste Unauthorized research Interfering with communication systems Case Law: Corfu Channel Case (UK v. Albania, 1949) – ICJ ruled that all ships, including warships, have the right to innocent passage through international straits. 3. Contiguous Zone (Article 33, UNCLOS) Definition: Extends from 12 to 24 nautical miles beyond the baseline. Coastal states have limited control over customs, immigration, and security. Rights of Coastal States: Can prevent violations of its laws occurring within territorial waters. Can punish offenses committed within territorial waters. However, coastal states cannot claim full sovereignty over this area. 4. Exclusive Economic Zone (EEZ) (Articles 55-57, UNCLOS) Definition: Extends up to 200 nautical miles from the baseline. Coastal states have sovereign rights for the exploration and exploitation of natural resources (fish, oil, gas, minerals). Rights of Coastal States: Control over fishing, marine resources, and energy production. Can authorize or deny scientific research. Must allow freedom of navigation and overflight to other states. Rights of Foreign States: Freedom of navigation and overflight. Laying of submarine cables and pipelines. 5. Continental Shelf (Articles 76-77, UNCLOS) Definition: The seabed and subsoil beyond the territorial sea, extending up to 200 nm (or even further if the natural continental margin extends). Coastal states have sovereign rights over resources on and under the seabed. Rights of Coastal States: Exclusive right to explore and exploit oil, gas, and minerals. Can construct artificial islands and structures. Case Law: North Sea Continental Shelf Cases (Germany v. Netherlands & Denmark, 1969) – Established equitable sharing of resources. 6. Archipelagic States (Articles 46-54, UNCLOS) Definition: Archipelagic states are made up entirely of island groups (e.g., Indonesia, the Philippines, Fiji). Can draw straight baselines around their outermost islands. Rights of Archipelagic States: Full sovereignty over archipelagic waters. Must allow archipelagic sea lanes passage (similar to innocent passage but through designated routes). Key Articles: Article 46 – Defines archipelagic states. Article 47 – Limits the baseline length (100 nm in most cases). Article 53 – Establishes archipelagic sea lanes. The legal order of the oceans balances coastal state control with international navigation rights. UNCLOS ensures resource protection while maintaining global trade and security. These maritime zones create a clear jurisdictional framework for both coastal and foreign states. c. The High Seas: Jurisdiction and Its Legal Status 1. Introduction The high seas refer to all parts of the sea that are beyond the jurisdiction of any single state. According to Article 86 of UNCLOS (United Nations Convention on the Law of the Sea, 1982), the high seas are not included in the Exclusive Economic Zone (EEZ), territorial sea, or internal waters of a state. The high seas are open to all states, whether coastal or landlocked. Key Characteristics: The high seas begin beyond 200 nautical miles from any country's coast. No single state has sovereignty over the high seas. The high seas are governed by international law, primarily UNCLOS. 2. Legal Status of the High Seas The high seas are governed by the principle of Mare Liberum (freedom of the seas), first developed by Hugo Grotius. UNCLOS reaffirms this by stating that no state may claim sovereignty over the high seas (Article 89). The legal status of the high seas is based on: Freedom of Navigation (Article 87) Freedom of Overflight Freedom to Lay Submarine Cables and Pipelines Freedom to Construct Artificial Islands and Installations Freedom of Fishing (subject to conservation measures) Freedom of Scientific Research Case Law: The Lotus Case (France v. Turkey, PCIJ, 1927) A French vessel (Lotus) collided with a Turkish ship on the high seas, killing eight Turkish sailors. Turkey prosecuted the French officer responsible, despite objections from France. Decision: The Permanent Court of International Justice (PCIJ) ruled that Turkey had jurisdiction, reinforcing the idea that states cannot exercise sovereignty over the high seas but may prosecute crimes involving their nationals. 3. Jurisdiction on the High Seas Jurisdiction on the high seas is primarily flag state jurisdiction. This means that the country where a ship is registered (flag state) has authority over it, regardless of its location. 3.1. Flag State Jurisdiction (Article 92) Every vessel on the high seas must be registered under a single state's flag. The flag state has exclusive jurisdiction over its ships in terms of criminal, civil, and administrative matters. This means that only the flag state can enforce its laws on the ship, except in exceptional cases. 3.2. Exceptions to Flag State Jurisdiction In certain cases, states other than the flag state can exercise jurisdiction: Piracy (Article 105) – Any state can capture and prosecute pirates. Unauthorized Broadcasting (Article 109) – States can take action against unauthorized radio or television broadcasting from the high seas. Slave Trade (Article 99) – Ships engaged in the slave trade can be stopped and investigated by any state. Drug Trafficking (Article 108) – States should cooperate to suppress illegal drug trafficking. Hot Pursuit (Article 111) – A coastal state may chase a vessel that has violated its laws into the high seas, provided the pursuit started within its jurisdiction. 4. Understanding Hot Pursuit (Article 111) The doctrine of hot pursuit allows a coastal state to chase and apprehend a vessel that has violated its laws, even if it escapes into the high seas. However, certain conditions must be met: Conditions for Hot Pursuit: Must Begin Within Jurisdiction: The pursuit must start when the vessel is within the coastal state’s internal waters, territorial sea, or EEZ. Continuous Pursuit: The chase must be uninterrupted—if the pursuing authorities lose sight, they must stop. Must End at Another State’s Territorial Waters: Once the pursued vessel enters another country’s territorial waters, the pursuit must stop unless that country allows it. Case Law: The M/V Saiga (No. 2) Case (Saint Vincent and the Grenadines v. Guinea, 1999) A vessel registered in Saint Vincent was supplying gas oil to fishing vessels in Guinea’s EEZ. Guinean authorities pursued and arrested the vessel outside their EEZ. Ruling: The International Tribunal for the Law of the Sea (ITLOS) ruled that Guinea violated UNCLOS because the pursuit did not begin in its territorial waters. 5. Responsibilities of States on the High Seas Even though no state owns the high seas, certain responsibilities are imposed on all states: Duty to Cooperate in Conservation of Marine Resources (Article 118) Protection of the Marine Environment (Article 192) Suppression of Maritime Crimes (Piracy, Trafficking, etc.) Ensuring Safety and Security of Maritime Navigation 6. The Role of International Organizations The high seas are regulated by various international bodies, such as: International Maritime Organization (IMO) – Ensures maritime safety and prevents pollution. International Tribunal for the Law of the Sea (ITLOS) – Resolves disputes related to the law of the sea. Regional Fisheries Organizations – Manage and conserve fish stocks. The high seas are a global commons that belong to all nations. While the principle of freedom of the seas remains fundamental, there are growing concerns about conservation, security, and sustainable use. UNCLOS provides a legal framework to balance these interests, ensuring that the high seas remain open, safe, and well-managed for future generations. d. International Seabed Authority (ISA) - Comprehensive Notes 1. Introduction The International Seabed Authority (ISA) is an intergovernmental organization established under the United Nations Convention on the Law of the Sea (UNCLOS, 1982). It was formally created in 1994 to regulate deep-sea mining activities in the seabed beyond national jurisdiction, known as "the Area". This region and its resources are considered the "Common Heritage of Mankind" under Article 136 of UNCLOS. 2. Understanding the Seabed and Seabed Activities 2.1 What is the Seabed? The seabed is the bottom surface of the ocean, which includes the continental shelf, deep-sea plains, and ocean trenches. It is rich in minerals such as manganese nodules, cobalt, nickel, and rare earth elements. 2.2 What are Seabed Activities? Seabed activities refer to human actions conducted on or below the ocean floor, including: Deep-Sea Mining: Extracting minerals from the seabed. Marine Scientific Research: Studying marine life, geology, and ecosystems. Laying Submarine Cables and Pipelines: Installing communication and energy transport lines. Environmental Conservation: Protecting marine habitats from human impact. 3. Legal Framework of ISA ISA operates under Part XI of UNCLOS and the 1994 Agreement on the Implementation of Part XI. Article 156: Establishes the ISA as an autonomous international organization. Article 157: Defines its purpose – to organize and control seabed activities for the benefit of all mankind. Article 137: Prohibits states from claiming sovereignty over the deep seabed. 4. Structure of the ISA ISA consists of four key organs: The Assembly (All Member States) – Supreme decision-making body that sets general policies. The Council (37 elected members) – Executive authority that approves mining contracts. The Secretariat – Administrative body led by a Secretary-General. The Legal and Technical Commission (LTC) – Evaluates mining proposals and environmental impact assessments. 5. ISA’s Role in Deep-Sea Mining Regulation ISA is responsible for granting licenses for the exploration and exploitation of seabed minerals such as nickel, copper, and cobalt. Article 153: Seabed mining must be carried out through ISA contracts. Article 145: ISA must ensure environmental protection in mining areas. Currently, 29 exploration contracts have been issued. 6. The Common Heritage of Mankind Principle Under Article 136, deep-sea resources belong to all humanity, meaning that benefits from seabed mining should be equitably distributed【50:3†Law-of-the-sea-KSL.pdf】. Article 140: Ensures financial and technological benefits are shared. Article 141: Declares the Area for peaceful purposes only. 7. Dispute Resolution and Enforcement ISA has mechanisms to handle disputes related to seabed activities. Article 187: Establishes the Seabed Disputes Chamber under the International Tribunal for the Law of the Sea (ITLOS). Article 189: Limits ISA’s interference in private mining operations. 8. Challenges Faced by ISA Environmental Concerns: Deep-sea mining may damage marine ecosystems. Regulatory Gaps: Some countries argue ISA’s rules are unclear. Economic Viability: High costs and uncertain profits make commercial mining difficult. Geopolitical Tensions: Developed and developing states dispute benefit-sharing. 9. Case Laws Related to ISA 9.1 ITLOS Advisory Opinion (2011) Facts: The ISA requested an advisory opinion on liability for environmental damage from deep-sea mining. Issue: What are the responsibilities of states and mining contractors regarding environmental protection? Decision: ITLOS ruled that both ISA and sponsoring states are responsible for ensuring that mining activities do not harm the marine environment. Relevance: This case confirmed that ISA must enforce strict environmental regulations. 9.2 Nauru v. ISA (2021) Facts: The small island nation of Nauru requested faster processing of its seabed mining application. Issue: Can ISA delay the approval of deep-sea mining contracts due to environmental concerns? Decision: The case is ongoing, but it highlights the conflict between economic development and environmental protection. Relevance: Shows how developing states demand quicker access to deep-sea resources, while others push for stricter environmental protections. ISA plays a crucial role in ensuring equitable and sustainable use of the deep seabed’s resources. However, ongoing debates over environmental risks, fair distribution of benefits, and commercial feasibility continue to shape its regulatory framework. e. Landlocked States and Their Rights 1. Introduction Landlocked states are countries that have no direct access to the sea and must depend on neighboring transit states for access to international trade routes. There are 44 landlocked countries in the world, including Nepal, Bhutan, and Switzerland. The United Nations Convention on the Law of the Sea (UNCLOS, 1982) establishes the legal framework for their rights. UNCLOS Part X (Articles 124-132) specifically deals with the rights of landlocked states. 2. Definition of Landlocked States and Transit States (Article 124) Landlocked State: A country that does not have a coastline (Article 124(1)(a), UNCLOS). Transit State: A country that lies between a landlocked state and the sea, providing passage for goods and people (Article 124(1)(b), UNCLOS). Traffic in Transit: The movement of people, goods, and vehicles through a transit state to reach the sea (Article 124(1)(c), UNCLOS). 3. Rights of Landlocked States Under UNCLOS (Articles 125-132) 3.1. Right of Access to and from the Sea (Article 125) Landlocked states have the right to access the sea for trade and communication. They enjoy freedom of transit through transit states. This access is subject to bilateral agreements between landlocked and transit states. 3.2. Freedom of Transit (Article 126) The right of freedom of transit shall not be restricted except in accordance with international law. Transit states must not impose unnecessary restrictions on landlocked states. 3.3. Customs Duties and Transit Fees (Article 127) Goods in transit should not be taxed beyond what is necessary for transit services. Additional charges should not be imposed arbitrarily. 3.4. Free Access to Ports (Article 128) Landlocked states shall have equal treatment in the ports of transit states. Transit states must ensure non-discriminatory access to seaports. 3.5. Application of International Agreements (Article 129) Transit states and landlocked states must cooperate through bilateral or multilateral agreements. These agreements should promote efficient and unrestricted transit. 3.6. Development of Transport and Communication Infrastructure (Article 130) Transit states shall take all appropriate measures to develop transport and communication facilities for landlocked states. These measures must be taken without discrimination. 3.7. Equal Treatment in Maritime Ports (Article 131) Ships flying the flag of landlocked states must receive equal treatment as other foreign ships at ports. Coastal states cannot discriminate against ships from landlocked states. 3.8. Rights Over Marine Resources (Article 69, Article 132) Landlocked states have the right to participate in the exploitation of surplus fish stocks in the Exclusive Economic Zone (EEZ) of coastal states. Article 132 states that rights of landlocked states should not affect the sovereignty of coastal states. 4. Challenges Faced by Landlocked States Dependency on Transit States Landlocked states rely on transit states for trade and transportation. Political tensions or border disputes can disrupt trade routes. High Transportation Costs Import and export costs are higher due to additional transit fees. Infrastructure limitations in transit states increase delays. Limited Bargaining Power Transit states often have stronger economies and can impose restrictions. Landlocked states must maintain good diplomatic relations with transit states. Infrastructure and Logistics Challenges Poor road and railway networks affect efficient trade. Lack of proper storage facilities and customs clearance systems increases costs. 5. International Legal Framework Supporting Landlocked States ✅ Barcelona Convention (1921) Recognized the right to transit for landlocked states but lacked enforcement mechanisms. ✅ GATT (1947) – Article V Ensures freedom of transit for international trade. Transit states must not impose discriminatory tariffs. ✅ UNCLOS (1982) – Part X (Articles 124-132) Legally guarantees landlocked states’ right to access the sea. Requires transit states to facilitate movement of goods. ✅ United Nations General Assembly Resolutions Resolution 1028 (1957) – Recognized the need for adequate transit facilities for landlocked states. Resolution 46/212 (1991) – Reaffirmed the right to access the sea. Landlocked states have significant rights under international law, particularly under UNCLOS (Articles 124-132). However, their dependence on transit states creates economic and political challenges. To ensure smooth trade and economic stability, landlocked states must engage in strong regional cooperation and diplomatic agreements. f. Nepal’s Situation and Its Efforts in International Forum 1. Introduction Nepal, a landlocked country in South Asia, faces unique challenges in international relations, particularly in maritime affairs and global diplomacy. Despite its geographical limitations, Nepal has actively participated in various international forums, advocating for landlocked state rights, regional cooperation, and sustainable development. Nepal's engagement in international legal frameworks, particularly UNCLOS (United Nations Convention on the Law of the Sea, 1982), is crucial for securing its maritime trade rights. 2. Nepal as a Landlocked State and Its Maritime Rights 2.1. Legal Status Under International Law UNCLOS Article 125: Grants landlocked states the right of access to and from the sea, ensuring freedom of transit through the territory of transit states. UNCLOS Article 131: Guarantees that ships flying the flag of landlocked states receive equal treatment in maritime ports. General Assembly Resolutions: The UN has passed multiple resolutions reaffirming landlocked states' rights to transit and trade【50:1†Law-of-the-sea-KSL.pdf】. 2.2. Nepal-India Transit Agreements Nepal depends heavily on India for sea access via the Kolkata port (800 km away). The 1950 Treaty of Peace and Friendship and subsequent transit treaties have provided Nepal with 15 transit routes. Challenges: India has imposed blockades (1989 and 2015), affecting Nepal’s economy and trade【50:0†Law-of-the-sea-KSL.pdf】. 2.3. Nepal-China Maritime Collaboration In 2018, Nepal signed a Transit Transport Agreement (TTA) with China to diversify transit routes. Nepal seeks to use Tianjin Port (4000 km away) for alternative sea access. China and Nepal are working on border trade connectivity projects, such as Rasuwagadhi-Kerung【50:1†Law-of-the-sea-KSL.pdf】. 3. Nepal’s Participation in International Organizations 3.1. United Nations (UN) Member since 1955, Nepal is active in UN peacekeeping, sustainable development, and climate action. Advocates for landlocked states' rights in UNGA and UNCLOS meetings. Supports SDG 14 (Life Below Water), despite being a non-coastal state. 3.2. South Asian Association for Regional Cooperation (SAARC) Nepal is a founding member (1985) and has hosted multiple summits. Promotes regional trade, connectivity, and water-sharing agreements. Pushes for a common transit policy for South Asian landlocked states. 3.3. World Trade Organization (WTO) Joined in 2004, advocating for special treatment of landlocked states in trade policies. Seeks reduced tariffs and priority transit rights under GATT Article V (Freedom of Transit). 4. Nepal’s Challenges in International Diplomacy 4.1. Dependence on Transit States India’s political and economic influence heavily affects Nepal’s international trade. China's trade route, though promising, is logistically challenging due to terrain. 4.2. Infrastructure and Economic Barriers High transportation costs, weak road and railway infrastructure, and limited trade diversification hinder Nepal’s global economic participation. Nepal's landlocked status raises import/export costs by 15-20% compared to coastal states【50:5†Law-of-the-sea-KSL.pdf】. 4.3. Climate Change and Environmental Concerns Nepal advocates for mountainous and landlocked nations’ rights in climate negotiations. Participates in COP summits to highlight glacial melting and water security issues. 5. Nepal’s Efforts to Strengthen Its Global Standing 5.1. Expanding Bilateral Agreements Nepal is negotiating with Bangladesh for direct trade routes via Indian territory. Strengthening diplomatic ties with China for additional transit rights. 5.2. Strengthening Maritime Legal Advocacy Nepal participates in UNCLOS discussions, demanding fairer transit treaties for landlocked states. Advocates for international legal recognition of landlocked states’ special economic needs. Despite being landlocked, Nepal has made significant strides in international diplomacy. Through bilateral agreements, UN participation, and regional cooperation, Nepal continues to secure transit rights, trade facilitation, and sustainable development opportunities. However, geopolitical challenges and economic constraints remain barriers to Nepal’s full integration into the global economy. Strengthening diplomatic ties, investing in infrastructure, and advocating for international legal reforms are crucial for Nepal’s future growth. v Regulation of the Oceans: A Balance Between Coastal State Control and Global Use The regulation of the oceans represents a compromise between two key interests: Maritime Dominion of Coastal States – Coastal states seek exclusive control over the waters near their shores, allowing them to regulate activities such as fishing, resource extraction, and environmental protection. Global Access and Freedom of the Seas – The international community advocates for the inclusive and reasonable use of the oceans, ensuring free navigation, open trade routes, and shared access to marine resources. v Historical Debate: Mare Clausum vs. Mare Liberum The history of the law of the sea has been shaped by a long-standing conflict between two opposing doctrines: Mare Clausum ("Closed Sea") – This concept supports the idea that seas can be claimed and controlled by individual states, limiting access to others. This doctrine was historically promoted by countries seeking maritime dominance. Mare Liberum ("Free Sea") – This doctrine, championed by Hugo Grotius in 1609, argues that the seas should remain open and accessible to all nations, supporting the principle of freedom of navigation and trade. The modern United Nations Convention on the Law of the Sea (UNCLOS, 1982) represents a balance between these two ideologies. It grants coastal states sovereignty over territorial waters while ensuring freedom of navigation in the high seas for the international community. v  Countries have different powers over ships, depending on where the ship is and where it is registered. ·         Flag States (countries where ships are registered) have authority over their ships and crew no matter where they are in the ocean. This means they can make and enforce rules about safety, working conditions, and other matters for ships flying their flag. ·         Coastal States (countries with a coastline) have control over the sea areas near their land. They can make and enforce laws in these waters, especially in their territorial sea (up to 12 nautical miles) and have some rights in their Exclusive Economic Zone (EEZ, up to 200 nautical miles). So, both flag states and coastal states have legal powers, but their authority depends on the ship’s location. v  Coastal states have full control (sovereignty) over their internal waters and territorial sea (up to 12 nautical miles). Beyond this, in the contiguous zone, Exclusive Economic Zone (EEZ, up to 200 nautical miles), and continental shelf, they have limited control (sovereign rights)—mainly over security, resources, and environmental protection.