The question of where international waters begin isn't as simple as drawing a line on a map. It's a complex legal and geographical issue governed by the United Nations Convention on the Law of the Sea (UNCLOS), often referred to as the "Constitution for the Oceans." This treaty, ratified by the majority of the world's nations, defines various maritime zones extending outward from a coastal state's baseline. Understanding these zones is crucial to understanding where international waters, also known as the high seas, actually commence.
What is the Baseline?
The starting point for measuring all maritime zones is the baseline. This isn't always the low-water line on the coast; instead, it's usually the low-water line along the coast, as marked on large-scale charts officially recognized by the coastal state. However, there are exceptions. For states with deeply indented coastlines, low-tide elevations that are naturally part of the landmass are included in the baseline, effectively straightening out the coastline. Archipelagic states, such as Indonesia and the Philippines, have a more complex system where the baseline is drawn along the outermost points of the outermost islands and reefs, forming an archipelagic baseline.
Maritime Zones Defined by UNCLOS
Several zones extend outward from the baseline, each with different legal implications:
1. Internal Waters:
Waters landward of the baseline, including bays, ports, and rivers, are considered internal waters and are fully under the sovereignty of the coastal state. Foreign vessels generally have no right of passage here without permission.
2. Territorial Sea:
Extending 12 nautical miles (approximately 22 kilometers) from the baseline, the territorial sea is also under the sovereignty of the coastal state. However, foreign vessels have the right of innocent passage, meaning they can transit the area as long as their passage is not prejudicial to the peace, good order, or security of the coastal state.
3. Contiguous Zone:
This zone extends 12 nautical miles beyond the territorial sea, making it a total of 24 nautical miles from the baseline. The coastal state can exercise control in this zone to prevent and punish infringements of its customs, fiscal, immigration, or sanitary laws and regulations within its territory or territorial sea.
4. Exclusive Economic Zone (EEZ):
This is arguably the most important zone for many coastal states. It extends 200 nautical miles from the baseline and gives the coastal state sovereign rights over the exploration and use of marine resources (living and non-living) within the water column and seabed. Other states still have freedom of navigation and overflight within the EEZ.
5. Continental Shelf:
The continental shelf extends beyond the 200-mile EEZ in certain cases, where the seabed naturally extends further out. UNCLOS allows coastal states to exercise sovereign rights over this extended continental shelf for exploration and exploitation of natural resources.
So, Where Do International Waters Begin?
International waters, or the high seas, begin beyond the limits of the territorial sea and other maritime zones as defined by UNCLOS. In most cases, this is beyond 12 nautical miles from the baseline, though the presence of an EEZ (extending 200 nautical miles) influences the extent of coastal state jurisdiction. Beyond the EEZ, and any extended continental shelf, the high seas are open to all states, subject to international law.
Frequently Asked Questions
What are the rules for navigation in international waters?
The high seas are governed by the principle of freedom of the seas, meaning all states have the right to navigation, overflight, laying submarine cables and pipelines, fishing, and research. However, this freedom is not absolute and is subject to international law, including environmental protection regulations and anti-piracy efforts.
Can a country claim international waters?
No, international waters are, by definition, not subject to the sovereignty of any single state. Claims of sovereignty over parts of the high seas are not recognized under international law.
What happens if countries disagree on where maritime boundaries are?
Disputes over maritime boundaries are common. UNCLOS outlines mechanisms for resolving such disputes, including negotiation, mediation, arbitration, and judicial settlement through the International Tribunal for the Law of the Sea (ITLOS).
How is the depth of the water relevant to international waters?
Water depth doesn't directly define the extent of international waters. The legal boundaries are determined by distance from the baseline as defined by UNCLOS, irrespective of the depth of the ocean.
Understanding the legal framework established by UNCLOS is vital to grasping the complex realities of maritime boundaries and the delineation of international waters. This legal framework aims to balance the rights of coastal states with the principles of freedom of the seas, contributing to a more stable and predictable maritime order.
