United Nations Convention on the
Law of the Sea (UNCLOS)
UNCLOS
• UNCLOS defines a number of maritime zones that a
state may claim (none are obligatory) and exercise
some jurisdiction over. All zones are measured from
a baseline which, in its simplest form, is a line joining
extreme limits of the land of the state.
Internal Waters
• Internal waters are all those enclosed within the baseline.
They are part of a state’s national waters and under its
jurisdiction. Foreign vessels only have the right of innocent
passage (non-prejudicial to the peace, good order or security
of the coastal state) in limited circumstances such as distress,
force of weather or break-down. National laws may be
enforced on foreign vessels within internal waters.
Territorial Seas
• Territorial seas can extend from the base up to 12 miles
to seaward (it only extends for 3 miles around some
Torres Strait islands). Territorial seas are also part of
the state’s national waters, so ships using them are
subject to certain elements of local legislation, but
foreign flag vessels here have much broader rights of
innocent passage.
Archipelagic Waters
• Archipelagic waters may be established by mid-
ocean archipelagic states, giving them status similar
to that of territorial seas.
Contiguous Zone
• A contiguous zone may be claimed for a further 12 miles
beyond the limits of the territorial sea. Within this zone the
coastal state may detain vessels which they have reasonable
grounds to suspect are about to breach customs or health
regulations. This includes suspected smugglers and ships
carrying noxious or dangerous substances/waste. It may be
thought of as a buffer zone to protect territorial seas.
Exclusive Economic Zone (EEZ)
• An exclusive economic zone (non-geological) may also
be claimed to extend up to 200 miles from the baseline.
Within the EEZ the coastal state has natural resource
rights and duties. Australia’s EEZ is defined in the Seas
and Submerged Lands Act 1973, and generally extends
the full 200 miles from the baseline, except where there
is agreed or potential delimitation with other countries.
Inshore Fisheries Zone
• A 12 mile inshore fisheries zone may be claimed,
within which fishing rights are exclusively restricted
to the coastal state. Preferential fishing rights may
be exercised within an extended fisheries zone
which may stretch to 200 miles.
Continental Shelf
• The continental shelf of a state is a geological feature
that may extend to a maximum of 350 miles. The
coastal state has exclusive rights to the mineral
resources within the continental shelf. Within the
continental shelf, 500 metre safety zones may be set
up around offshore installations etc.
High Seas
• Areas of the seas falling outside all the above categories
are known as high seas. Freedom of the high seas
extends to all states (not just those with coastlines), and
includes freedom of navigation, freedom to fish and carry
out scientific research, to lay cables and pipelines, to build
artificial islands and other installations. There is a duty to
render assistance to those in distress on the high seas.
Limits on that Freedom
• Freedom of the high seas does not extend to trade in
slaves or drugs, piracy, seizure of ships or
unauthorised broadcasting. Enforcement of UNCLOS
provisions in these areas is granted by the rights of
visit, seizure, arrest and hot pursuit.
•
• Legal action against a ship or individual on the high
seas can only be brought on the authority of the flag
state or the state of the individual’s nationality.
UNCLOS
• In recent years the events attracting coastal state
jurisdiction that have received most attention are
those that have involved pollution and fishing rights.
UNCLOS
ZONES
When the
claims of
neighbouring
states overlap
the solution is
usually simple
There are
occasions when
special
agreements have
to be made
Sometimes
limits may
be difficult
to agree to
because of
disputed
features
UNCLOS
• In addition to defining the above zones, UNCLOS also
provides information about the nationality and status
of ships, and the duties of those states in which ships
are registered.
Ship Registration
• Registration of a ship serves a number of important
functions. It provides information about the
nationality, measurements and tonnage of a ship,
evidence and control of ownership, documented
evidence of any mortgage secured by the ship, and
accords the ship certain privileges of the state where
it is registered (the flag state). Since ports generally
require production of a certificate of registration
before giving clearance for a ship to enter, without
registration a ship would be unable to trade.
National Register
• According to UNCLOS all states (not just those with
seaboards) have the right to have ships fly their flag so
long as:
– the conditions set down by the state for granting of its nationality
and for registration in the state are met;
– there is a genuine link between the ship and the state;
– the ship will fly one flag only;
– necessary documentation is complete.
• A ship complying with all of the above can then be entered on
the national register of the state concerned. National registers
may also be referred to as the first or closed registers.
Flags of Convenience
• If beneficial ownership of the ship is not the same as
the flag it flies, that flag is known as a flag of
convenience (FoC). Shipowners may prefer to call it
a flag of necessity. The register on which it appears
is then known as an open register.
Flags of Convenience
• Flags of convenience are thus named and listed by the
International Transport Workers’ Federation (ITF) if:
– non-citizens are permitted to own and control vessels on their
register;
– access and transfer to the register is easy;
– taxes on the income from shipping is low or zero;
– manning by non-nationals is easy;
– the state is unwilling or unable to ensure ships comply with
regulations.
• The most important criteria is the first (beneficial ownership),
and where a ship is genuinely owned within an FoC country
that ship will not be considered an FoC ship.
Second (Offshore) Register
• A third type of register is the second or offshore
register. These terms apply to certain registers
established by legislation in the country concerned, or
in offshore territories of the parent country. In this case
shipowners must have a genuine link with the flag state
although other criteria (particularly tax and manning
requirements) need not be met.
Flag State Control
• Whatever the form the flag state takes, UNCLOS
requires it to exercise flag state control (although
history suggests that FoCs are unlikely to be able, or
wish, to do this effectively).
Flag State Control
• The duties of the flag state include ensuring:
– the safety of its ships in terms of construction, equipment and
seaworthiness;
– the manning, welfare and training of its crews comply with international
agreements;
– the maintaining of communications and the prevention of collision;
– that appropriate security levels for ships flying its flag are set and
complied with;
– where another state reports that it has grounds to believe that the flag
state is not properly exercising its control over a ship or ships flying its
flag, it will investigate the matter and take any appropriate action –
informing the reporting state and competent international organisation
(usually the IMO) of its action.
Meeting Flag State Obligations
• To meet its obligations the flag state must require ships to
be surveyed by a qualified surveyor before registration and
at set intervals.
• The task of regulating and enforcing flag state control
usually rests with an agency (like the USCG, AMSA) within
the flag state, but some delegate this duty to commercial
organisations outside the state. Marshall Islands and
Vanuatu registers are both administered by organisations in
the USA. The meeting of other standards may be delegated
to a classification society or recognised security
organisation.
