SCOPE

UNITED NATIONS CONVENTION ON THE

LAW OF THE SEA, 1982 (UNCLOS, 1982)

INTERNATIONAL MARITIME LAW

IML IS THE BODY OF RULES, THE PRINCIPLES

AND PRACTICES RELATING TO THE AFFAIRS OF

THE SEA
MARITIME AFFAIRS INCLUDE THE DEMARCATION

OF THE SEA SPACE AND USE OF THE SEAS BY

SHIPS IN PEACE AND WAR BOTH BY MERCHANT
AND NAVAL VESSELS
LAWS RELATING TO HARBOURS, TW, CS, EEZ,

HIGH SEAS, FISHERIES, OIL

RESOURCES, SALVAGE ETC

AND

MINERAL

UNITED NATIONS CONVENTION ON

THE LAW OF THE SEA (UNCLOS)

FIRST CONFERENCE

- 1958

SECOND CONFERENCE

- 1960

THIRD CONFERENCE

- 1982

UNCLOS III
CONVENTION DEALS WITH ALMOST EVERY

HUMAN USE OF THE OCEANS

320 ARTICLES 9 ANNEXES
NAVIGATION AND OVER FLIGHT, RESOURCE

EXPLOITATION, CONSERVATION, POLLUTION,

FISHING AND SHIPPING
INDIA SIGNED THE CONVENTION ON 10 DEC 82

AND RATIFIED ON 29 JUN 95

INTERNATIONAL CONVENTIONS
MAIN SOURCE OF INTERNATIONAL MARITIME LAW
INTERNATIONAL AGENCIES INVOLVED IN ADOPTING

INTERNATIONAL CONVENTIONS

THE UNITED NATIONS ORGANISATION

THE COMITE MARITIME INTERNATIONAL
THE INTERNATIONAL MARITIME ORGANISATION
(IMO)
THE INTERNATIONAL LABOUR ORGANISATION
(ILO)
THE UNITED NATIONS CONFERENCE ON TRADE
AND DEVELOPMENT (UNCTAD)

DEFINITIONS
TREATY:

IT IS AN EXPRESS AGREEMENT UNDER

INTERNATIONAL LAW ENTERED INTO BY SOVEREIGN
STATES AND INTERNATIONAL ORGANIZATIONS. IT
MAY ALSO BE KNOWN AS AN INTERNATIONAL
AGREEMENT, PROTOCOL, COVENANT, CONVENTION
OR EXCHANGE OF LETTERS, AMONG OTHER TERMS

REGARDLESS OF TERMINOLOGY, ALL OF THESE

FORMS
OF
AGREEMENTS
ARE
UNDER
INTERNATIONAL
LAW
EQUALLY
CONSIDERED
TREATIES AND THE RULES ARE THE SAME

DEFINITIONS
CONVENTION:

ALTHOUGH BOTH TREATIES AND

CONVENTIONS ARE PACTS OR AGREEMENTS
BETWEEN STATES, THE TERM CONVENTION IS
USUALLY APPLIED TO AGREEMENTS BETWEEN
SEVERAL STATES FOR THE REGULATION OF
MATTERS OF COMMON INTEREST

WATERS OF THE WORLD

WATERS

OF THE WORLD I.A.W WITH

INTERNATIONALLY ACCEPTED CONVENTION
ARE:

INTERNAL WATERS
TERRITORIAL WATERS
CONTIGUOUS ZONE
CONTINENTAL SHELF
HIGH SEAS

LOW WATER
LINE

CONTINENTAL SHELF (TO 350 NM)

EXCLUSIVE ECONOMIC ZONE (200 NM)

CONTIGUOUS ZONE (24 NM)

INTERNAL
WATER

TERRITORIAL SEA
(12 NM)

NOT TO SCALE

MARITIME ZONES
10

BASELINE
ARTICLE 5 OF UNCLOS STATES THAT THE

NORMAL BASELINE FOR THE BREADTH OF

THE TERRITORIAL SEA IS THE LOW WATER
LINE ALONG THE COAST AS MARKED ON
LARGE
SCALE
CHARTS
OFFICIALLY
RECOGNISED BY COASTAL STATE
DENTED COAST LINE- THE METHOD OF A

STRAIGHT
BASE
LINE
JOINING
APPROPRIATE POINTS IS EMPLOYED

DEFINITIONS
INTERNAL WATERS

INTERNAL WATERS
ARE DEFINED AS WATERS ON THE
LANDWARD SIDE OF THE BASELINE WHICH
IS USED FOR MEASURING THE WIDTH OF
TERRITORIAL WATERS, WHICH INCLUDES:

PORTS
WATERS BETWEEN A SHORE AND STRAIGHT
BASELINES USED TO MEASURE THE BREADTH
OF THE TERRITORIAL WATERS
INTERNAL SEAS
BAYS WITH ENTRANCES NOT MORE THAN 24 NM
WIDE

ROADSTEADS (ART 12, UNCLOS)

ROADSTEADS WHICH ARE NORMALLY USED

FOR THE LOADING, UNLOADING AND

ANCHORING OF SHIPS AND WHICH WOULD
OTHERWISE BE SITUATED WHOLLY OR
PARTLY OUTSIDE THE OUTER LIMIT OF THE
TERRITORIAL SEA ARE INCLUDED IN THE
TERRITORIAL SEA

DEFINITIONS

TERRITORIAL WATERS

THE TERRITORIAL
WATERS IS THE BELT OF OCEAN THAT
EXTENDS 12 NM SEAWARDS FROM THE
BASELINE OF A COASTAL OR ISLAND
NATION AND IS SUBJECT TO THE
SOVEREIGNTY OF THAT NATION

INNOCENT PASSAGE IN TERRITORIAL

SEA
ARTICLE 17: RIGHT OF INNOCENT PASSAGE

SHIPS OF ALL STATES WHETHER COASTAL OR

LANDWARD ENJOY THE RIGHT OF INNOCENT
PASSAGE THROUGH THE TERRITORIAL SEA

PASSAGE MEANS NAVIGATION THROUGH THE

TERRITORIAL SEA (ART 18, UNCLOS)

PASSAGE
SHALL
BE
CONTINUOUS
EXPEDITIOUS (ART 18, UNCLOS)

PASSAGE IS INNOCENT SO LONG AS IT IS NOT

PREJUDICIAL TO THE PEACE, GOOD ORDER OR
SECURITY OF THE COASTAL STATE (ART 19,
UNCLOS)

AND

INNOCENT PASSAGE IN
TERRITORIAL SEA

PASSAGE SHALL BE CONSIDERED PREJUDICIAL

TO THE PEACE, GOOD ORDER OR SECURITY OF
THE COASTAL STATE
IF THE FOREIGN SHIP
ENGAGES IN ANY OF THE FOLLOWING ACTIVITIES
IN THE TERRITORIAL SEA (ART 19, UNCLOS):
THREAT OR USE OF FORCE AGAINST THE
SOVEREIGNTY,
TERRITORIAL
INTEGRITY
OR
POLITICAL INDEPENDENCE OF THE COASTAL STATE
OR IN ANY OTHER MANNER IN VIOLATION OF THE
PRINCIPLES OF INTERNATIONAL LAW EMBODIED IN
THE CHARTER OF THE UNITED NATIONS
ANY EXERCISE OR PRACTICE WITH WEAPONS OF ANY
KIND

INNOCENT PASSAGE IN
TERRITORIAL SEA
ANY ACT AIMED AT COLLECTING INFORMATION TO
THE PREJUDICE OF THE DEFENCE OR SECURITY OF
THE COASTAL STATES
ANY ACT OF PROPAGANDA AIDED AT AFFECTING THE
DEFENCE OR SECURITY OF THE COASTAL STATE
THE LAUNCHING, LANDING OR TAKING ONBOARD OF
ANY AIRCRAFT
THE LAUNCHING, LANDING OR TAKING ONBOARD OF
ANY MILITARY DEVICE
LOADING OR UNLOADING OF ANY COMMODITY,
CURRENCY OR PERSON CONTRARY TO THE
CUSTOMS, FISCAL, IMMIGRATION OR SANITARY LAWS

INNOCENT PASSAGE IN
TERRITORIAL SEA
ANY ACT OF WILFUL AND SERIOUS POLLUTION
CONTRARY TO THIS CONVENTION
ANY FISHING ACTIVITIES
CARRYING
ACTIVITIES

OUT

OF

RESEARCH

OR

SURVEY

ANY ACT AIMED AT INTERFERING WITH ANY SYSTEMS

OF COMMUNICATION OR ANY OTHE RFACILITIES OR
INSTALLATIONS OF THE COASTAL STATE
ANY OTHER ACTIVITY NOT HAVING A DIRECT BEARING
ON PASSAGE

LAWS AND REGULATIONS OF THE COASTAL

STATES - INNOCENT PASSAGE
(ART 21, UNCLOS)
SAFETY OF NAVIGATION AND THE REGULATION

OF MARINE TRAFFIC
PROTECTION OF NAVIGATIONAL AIDS FACILITIES

AND OTHER FACILITIES OF INSTALLATIONS

PROTECTION OF CABLE AND PIPELINES
CONSERVATION OF THE LIVING RESOURCES OF

THE SEA
PREVENTION INFRINGEMENT OF THE FISHERIES

LAWS AND REGULATIONS OF THE COASTAL

STATES

LAWS AND REGULATIONS OF THE COASTAL

STATES - INNOCENT PASSAGE
(ART 21, UNCLOS)
PRESERVATION OF THE ENVIRONMENT OF THE

COASTAL STATE AND THE PREVENTION,

REDUCTION AND CONTROL OF POLLUTION
THEREOF
MARINE

SCIENTIFIC
RESEARCH
HYDROGRAPHIC SURVEYS

PREVENTION

AND

OF INFRINGEMENT OF THE
CUSTOMS, FISCAL, IMMIGRATION OR SANITARY
LAWS AND REGULATIONS OF THE COASTAL
STATE

DUTIES OF THE COASTAL STATES

INNOCENT PASSAGE (ART 24, UNCLOS)
COASTAL STATES SHALL NOT:
HAMPER

THE INNOCENT PASSAGE OF

FOREIGN SHIPS THROUGH THE TERRITORIAL
SEA

IMPOSE REQUIREMENTS ON FOREIGN SHIPS

DISCRIMINATE IN SHIPS OF ANY STATE OR

AGAINST SHIPS CARRYING CARGOES TO,

FROM OR ON BEHALF OF ANY STATE

DUTIES OF THE COASTAL STATES

INNOCENT PASSAGE (ART 24 & 25, UNCLOS)
COASTAL STATES SHALL:
GIVE

APPROPRIATE PUBLICITY TO ANY

DANGERS TO NAVIGATION OF WHICH IT HAS
KNOWLEDGE WITHIN ITS TERRITORIAL SEAS

TAKE NECESSARY STEPS IN ITS TERRITORIAL

SEA TO PREVENT PASSAGE WHICH IS NOT

INNOCENT
SUSPEND TEMPORARILY IN SPECIFIED AREAS

OF ITS TERRITORIAL SEAS THE INNOCENT

PASSAGE OF FOREIGN SHIPS, IF ESSENTIAL
FOR THE PROTECTION OF ITS SECURITY
INCLUDING WEAPONS EXERCISES

DEFINITIONS
CONTIGUOUS

ZONE THE CONTIGUOUS

ZONE IS AN AREA EXTENDING 12 NM
SEAWARD FROM THE OUTWARD LIMITS OF
THE TERRITORIAL SEA IN WHICH THE
COASTAL NATION MAY EXERCISE SUCH
CONTROL AS IS NECESSARY TO PREVENT
INFIRNGEMENT OF ITS CUSTOMS, FISCAL,
IMMIGRATION AND SANITARY LAWS &
REGULATIONS

DEFINITIONS
CONTINENTAL

SHELF
THE
JURIDICAL
CONTINENTAL SHELF OF A COASTAL OR
ISLAND NATION CONSISTS OF THE SEABED
AND SUB-SOIL OF THE SUBMARINE AREAS
THAT EXTEND BEYOND THE LIMIT OF ITS
TERRITORIAL WATERS THROUGHOUT THE
NATURAL PROLONGATION OF ITS LAND
TERRITORY, TO THE OUTER EDGE OF THE
CONTINENTAL MARGIN OR TO A DISTANCE OF
200 NM FROM THE BASELINE

UPPER LIMIT IS 350 NM DEPENDING UPON THE

GEOLOGY AND GEOMORPHOLOGY OF THE

MARGIN

DEFINITIONS
HIGH SEAS

ALL PARTS OF THE SEA THAT ARE

NOT INCLUDED IN THE TERRITORIAL SEA OR IN
THE INTERNAL WATERS OF A STATE. THE HIGH
SEAS BEING OPEN TO ALL NATIONS, NO STATE
MAY VALIDLY SUBJECT ANY PART OF THEM TO
ITS SOVEREIGNTY
AS PER UNDERSTANDING OF THE UNCLOS 1982,
HIGH SEAS INCLUDE ALL PARTS OF THE OCEAN
SEAWARD OF THE EEZ. WHEN A COASTAL OR
ISLAND STATE HAS NOT PROCLAIMED AN EEZ,
THE HIGH SEAS BEGIN AT THE SEAWARD EDGE
OF THE TERRITORIAL SEA OF THAT STATE

FREEDOM OF THE HIGH SEAS

(ART 87, 88 & 89, UNCLOS)
OPEN ACCESS TO ALL STATES
FREEDOM OF NAVIGATION AND OVER FLIGHT
FREEDOM

TO CONSTRUCT
ARTIFICIAL
ISLANDS
AND
OTHER
INSTALLATIONS
PERMITTED UNDER INTERNATIONAL LAW

FREEDOM OF FISHING

FREEDOM OF THE HIGH SEAS

(ART 87, 88 & 89, UNCLOS)

FREEDOM OF SCIENTIFIC RESEARCH

FREEDOM TO LAY SUBMARINE CABLES AND

PIPELINES

RESERVED FOR PEACEFUL PURPOSES

NO STATE TO SUBJECT ANY PART TO ITS

SOVEREIGNTY

EXCLUSIVE ECONOMIC ZONE

(ART 55, 56 & 57, UNCLOS)
AN AREA BEYOND AND ADJACENT TO TS
LIMIT IS 200 NM FROM THE BASELINE
SOVEREIGN RIGHTS FOR THE PURPOSE OF

EXPLORING, EXPLOITING, CONSERVING AND

MANAGING THE NATURAL RESOURCES AND
OTHER ACTIVITIES FOR THE ECONOMIC
EXPLOITATION AND EXPLORATION OF THE
ZONE

EXCLUSIVE ECONOMIC ZONE

(ART 55, 56 & 57, UNCLOS)
JURISDICTIONAL AS
PROVIDED
RELEVANT PROVISIONS OF UNCLOS:

IN

THE

MARINE SCIENTIFIC RESEARCH

ESTABLISHMENT AND USE OF ARTIFICIAL

ISLANDS, INSTALLATIONS AND STRUCTURES

PROTECTION AND PRESERVATION OF THE

MARINE ENVIRONMENT

HOT PURSUIT (ART 111, UNCLOS)

HOT PURSUIT OF A FOREIGN SHIP MAY BE

UNDERTAKEN
WHEN
THE
COMPETENT
AUTHORITIES OF THE COASTAL STATE HAVE
GOOD REASONS TO BELIEVE THAT THE SHIP
HAS VIOLATED THE LAWS AND REGULATIONS
OF THAT STATE
MAY BE INITIATED IN ANY COASTAL ZONE OF

JURISDICTION BUT ONLY FOR VIOLATION OF

LAWS APPLICABLE IN THAT ZONE

HOT PURSUIT (ART 111, UNCLOS)

PURSUIT

MUST COMMENCE WHEN THE

FOREIGN SHIP OR ONE OF ITS BOATS IS
WITHIN
THE
INTERNAL
WATERS,
THE
ARCHIPELAGIC WATERS, THE TERRITORIAL
SEA OR THE CONTIGUOUS ZONE OF THE
PURSUING STATE

MAY

ONLY BE CONTINUED OUTSIDE THE

TERRITORIAL SEA OR THE CONTIGUOUS ZONE
IF THE PURSUIT HAS NOT BEEN INTERRUPTED

CEASES AS SOON AS THE SHIP ENTERS TW OF

OWN STATE OR OF A THIRD STATE

EXERCISED ONLY BY WARSHIPS OR MILITARY

AIRCRAFT

WARSHIP (ART 29, UNCLOS)

WARSHIP MEANS A SHIP BELONGING TO THE
ARMED FORCES OF A STATE BEARING THE
EXTERNAL MARKS DISTINGUISHING SUCH
SHIPS OF ITS NATIONALITY, UNDER THE
COMMAND
OF
AN
OFFICER
DULY
COMMISSIONED BY THE GOVERNMENT OF
THE STATE AND WHOSE NAME APPEARS IN
THE APPROPRIATE SERVICE LIST OR ITS
EQUIVALENT, AND MANNED BY A CREW
WHICH IS UNDER REGULAR ARMED FORCES
DISCIPLINE

IMMUNITY OF WARSHIPS ON THE

HIGH SEAS (ART 95, UNCLOS)

WARSHIPS ON THE HIGH SEAS HAVE

COMPLETE
IMMUNITY
FROM
THE
JURISDICTION OF ANY STATE OTHER
THAN THE FLAG STATE

DEFINITION OF PIRACY (ART 101,

UNCLOS)
ANY

ILLEGAL ACTS OF VIOLENCE OR

DETENTION OR ANY ACT OF DEPREDATION
COMMITTED FOR PRIVATE ENDS BY THE
CREW OR THE PASSENGERS OF A PRIVATE
SHIP OR A PRIVATE AIRCRAFT AND DIRECTED:

ON THE HIGH SEAS AGAINST ANOTHER

SHIP OR AIRCRAFT OR AGAINST PERSONS

OR PROPERTY ONBOARD SUCH SHIP OR
AIRCRAFT

AGAINST A SHIP, AIRCRAFT, PERSONS OR

PROPERTY IN A PLACE OUTSIDE THE
JURISDICTION OF ANY STATE

DEFINITION OF PIRACY
(ART 101, UNCLOS)
ANY ACT OF VOLUNTARY PARTICIPATION IN THE
OPERATION OF A SHIP OR AN AIRCRAFT
WITH KNOWLEDGE OF FACTS MAKING IT A
PIRATE SHIP OR AIRCRAFT
ANY ACT OF INCITING OR OF INTENTIONALLY
FACILITATING AN ACT DESCRIBED ABOVE

RESPONSIBILITY/ JURISDICTION
OF SHIPS
ARTICLE

100:
ALL
STATES
SHALL
COOPERATE TO THE FULLEST POSSIBLE
EXTENT IN THE REPRESSION OF PIRACY ON
THE HIGH SEAS OR IN ANY OTHER PLACE
OUTSIDE THE JURISDICTION OF ANY STATE

ARTICLE 105: THE COURTS OF THE STATE

CARRYING OUT
JURISDICTION

SEIZURE

SHALL

HAVE

ARTICLE 107: SEIZURE ONLY BY WARSHIPS

OR MILITARY AIRCRAFT OR OTHER SHIPS

OR AIRCRAFT CLEARLY MARKED AND
IDENTIFIABLE AS BEING ON GOVT SERVICE

INDIAN NAVY AND INDIAN COAST GUARD DESIGNATED AS

AGENCIES FOR COMBATING PIRACY AND ARMED
ROBBERY AGAINST SHIPS IN INDIAN EEZ

GOVERNOR DIRECTOR GENERAL INDIAN COAST GUARD

ONE ICG OFFICER IS BEING DEPUTED TO INFORMATION

SHARING CENTRE (ISC), SINGAPORE SINCE APR 07

MRCCs NOMINATED AS PIRACY REPORTING AND SHARING

CENTRES