Sunday, June 30, 2019

TABLE OF CONTENTS 
FOREWORD    
INTRODUCTION CHAPTERS 

Chapter 2: Maritime Zones Read the Primer

Maritime Zones Table of Contents

Foreword

Introduction
Introduction Acknowledgements

The rights of coastal States to regulate and exploit areas of the ocean Chapter 1: International Law,
Adoption of the Law of the
under their jurisdiction are one the foundations of the LOSC. These
Sea Convention
rights need to be balanced with the freedom of navigation and access to
resources outside State control – the freedom of the seas. To Chapter 2: Maritime Zones

demarcate the proverbial rules of the road, the LOSC permits coastal Chapter 3: Freedom of
States to establish several di erent maritime zones. These zones give Navigation
coastal States di erent jurisdictional rights. In general, a State has more Chapter 4: Military Activities
rights in zones near to its coastline than it does further into the ocean. in an EEZ
The main challenges associated with these zones are how variations in
Chapter 5: Sovereign
geography a ect where zones end and where new zones begin. Immunity

  Chapter 6: Maritime Security,

Convention on the Law of the
  Sea

Chapter 7: LOSC & the

Maritime Zones and How They Are Environment

Determined Chapter 8: The Arctic & the

LOSC
Maritime zones are drawn using what the LOSC calls “baselines.” Unlike Chapter 9: LOSC Dispute
inland waters, coastal waters rise and fall in tides. Rather than having Resolution Provisions
moving maritime boundaries, the baseline is xed to begin at the low-
Chapter 10: The South China
water line along the coast. The low-water line is derived from the
Sea Tribunal
coastal State’s own charts.1
Chapter 11: State Sovereignty
These zones are measured using nautical miles, a measurement based & the LOSC
on the circumference of the Earth.2 One nautical mile equals roughly
1.15 miles on land.

As seen in the graphic below, the LOSC divides the ocean into six Fletcher
TABLE OF CONTENTS
di erent zones:

FOREWORD Maritime
 Follow
INTRODUCTION CHAPTERS 
1. Internal 3. Contiguous Zone 5. Continental Shelf
Waters  Fletcher Maritime Ret

Rockford Weitz
2. Territorial 4. Exclusive Economic 6. High Seas & Deep @rockfordw · 22 Apr
Sea Zone Ocean Floor Happy Earth Day
from
#FletcherMaritime at
Maritime Zones Schematic @FletcherSchool!
The Ocean's Turn?:
Geopolitics,
Sustainability,
Innovation -
Conference
https://t.co/1U729m
31UX
@CIERP_Fletcher
@IBGC_Fletcher
@TIE_Tufts
@TuftsNutrition
@TuftsUniversity

 3 8

Internal Waters Twitter

Internal waters are all the waters that fall landward of the baseline, such
Fletcher Maritime
as lakes, rivers, and tidewaters. States have the same sovereign
@FletchMaritime ·
jurisdiction over internal waters as they do over other territory. There is
28 Nov
no right of innocent passage through internal waters.
Thank you to
everyone who made
Territorial Sea #TuftsGivingTuesday
a success for
Everything from the baseline to a limit not exceeding twelve miles is
#Fletcher! We
considered the State’s territorial sea. Territorial seas are the most
shattered both
straightforward zone. Much like internal waters, coastal States have Fletcher & GMAP
sovereignty and jurisdiction over the territorial sea. These rights extend challenge goals,
not only on the surface but also to the seabed and subsoil, as well as setting new records
vertically to airspace. The vast majority of States have established for each & securing
territorial seas at the 12 nautical mile limit, but a handful have our challenge gifts.
established shorter thresholds. Special thanks to
everyone who
While territorial seas are subject to the exclusive jurisdiction of the supported
coastal States, the coastal States’ rights are limited by the passage rights
of other States, including innocent passage through the territorial sea

#Maritime! We can
continue our work
and transit passage through international straits. This is the primary because of you.
TABLE OF CONTENTS 
FOREWORD
distinction between internal waters and territorial seas. These rights are 
described in detail in Chapter Three: Freedom of Navigation.  1 2
INTRODUCTION CHAPTERS 
Twitter
There is no right of innocent passage for aircraft ying through the
airspace above the coastal state’s territorial sea.
Fletcher Maritime
Contiguous Zone @FletchMaritime ·
27 Nov
States may also establish a contiguous zone from the outer edge of the Today is
territorial seas to a maximum of 24 nautical miles from the baseline. #TuftsGivingTuesday
This zone exists to bolster a State’s law enforcement capacity and ! Consider joining us
prevent criminals from eeing the territorial sea. Within the contiguous with your own gift to
zone, a State has the right to both prevent and punish infringement of the Maritime Studies
scal, immigration, sanitary, and customs laws within its territory and Program so we can
take our ocean
territorial sea. Unlike the territorial sea, the contiguous zone only gives
leadership to the
jurisdiction to a State on the ocean’s surface and oor.3 It does not
next level. If 500
provide air and space rights.
people give to
#Fletcher today, we
Exclusive Economic Zone (EEZ) will unlock a special
$25,000 challenge
Unlike other zones whose existence derived from earlier international
gift. Give here:
law, the EEZ was a creation of the LOSC. States may claim an EEZ that
https://t.co/Wi4FfnQI
extends 200 nautical miles from the baseline. In this zone, a coastal p3
State has the exclusive right to exploit or conserve any resources found
 1 3
within the water, on the sea oor, or under the sea oor’s subsoil. These
Twitter
resources encompass both living resources, such as sh, and non-living
resources, such as oil and natural gas.4 States also have exclusive rights
to engage in o shore energy generation from the waves, currents, and Fletcher Maritime
wind within their EEZ. Article 56 also allows States to establish and use @FletchMaritime ·

arti cial islands, installations and structures, conduct marine scienti c 26 Nov

research, and protect and preserve the marine environment through #GivingTuesday is
Marine Protected Areas.5 Article 58 declares that Articles 88 to 115 of almost here! You can
the Convention relating to high seas rights apply to the EEZ “in so far as make a di erence
for the #maritime &
they are not incompatible with this Part [V].”6
#ocean leaders of
Due to the maritime features discussed later in this chapter, the U.S. tomorrow when you
has the largest EEZ in the world, totaling 3.4 million square nautical join the
@FletcherSchool
miles. The EEZ’s size derives from the large coastlines on the Atlantic
Maritime Studies
Ocean, the Gulf of Mexico, the western continental U.S., Alaska, Hawaii
community in this
and many small outlying Paci c islands. Although not a signatory of
global day of giving.
LOSC, The U.S. established an EEZ by Presidential Proclamation in 1983.
You can make your
EEZs of States worldwide constitute 38% of the oceans of earth that gift here:
were considered part of the high seas prior to adoption of the LOSC. 
https://t.co/Wi4FfnQI
The EEZ is the most misunderstood of all the maritime zones by p3 @rockfordw
TABLE OF CONTENTS 
FOREWORD
policymakers in States around the world. Unlike the territorial sea and @OceanCluster 
the contiguous zone, the EEZ only allows for the previously mentioned  2 5
INTRODUCTION CHAPTERS 
resource rights and the law enforcement capacity to protect those Twitter
rights. It does not give a coastal State the right to prohibit or limit
freedom of navigation or over ight, subject to very limited exceptions.
Fletcher Maritime

Continental Shelf @FletchMaritime ·

24 Nov

The continental shelf is a natural seaward extension of a land boundary. Only 2 days until
This seaward extension is geologically formed as the seabed slopes #GivingTuesday -
Nov 27! Your gift to
away from the coast, typically consisting of a gradual slope (the
Maritime Studies will
continental shelf proper), followed by a steep slope (the continental
support programs
slope), and then a more gradual slope leading to the deep seabed oor.
that train the next
These three areas, collectively known as the continental margin, are rich
generation of
in natural resources, including oil, natural gas and certain minerals. maritime leaders.
Join fellow
The LOSC allows a State to conduct economic activities for a distance of
community
200 nautical miles from the baseline, or the continental margin where it
members in
extends beyond 200 nautical miles. There are two methods to supporting Fletcher
determine the extent of a continental margin under the LOSC. The rst and Maritime on
method is by measuring geological features using what is called the November 27!
Gardiner formula. By measuring the thickness of sedimentary rocks, the https://t.co/Wi4FfnQI
edge of the shelf is drawn where sedimentary rocks become less than 1 p3 @FletcherSchool
percent of the thickness of the soil. 7 The second method is to use xed @rockfordw
distances in what is called the Hedberg formula. This method allows   1
States to draw its boundary 60 miles from the foot of the shelf’s slope.8 Twitter
This expanded continental shelf cannot, however, exceed (i) 350 miles
from the baseline or (ii) 100 miles from the 2,500-meter isobath.9 Load More...

To prevent abuse of the continental shelf provisions, the LOSC

established the Commission on the Limits of the Continental Shelf
(CLCS). The CLCS uses scientists to evaluate States’ claims about the
extent of their continental shelves and whether they conform to the
Convention’s standards. The CLCS is discussed in more detail in Chapter
Eight: The Arctic and the LOSC.

The economic rights within the continental shelf extend only to non-
living resources and sedentary living resources, such as shell sh. It also
allows the coastal State to build arti cial islands, installations, and
structures. Other States can harvest non- sedentary living resources,
such as n sh; lay submarine cables and pipelines; and conduct marine
research as if it were international waters (see below).10 As with the EEZ,
continental shelf rights do not grant a State the right to restrict 
navigation.11
High Seas
TABLE and Deep FOREWORD
OF CONTENTS Ocean
 Floor
The ocean surface and the water column beyond the EEZ are referred
INTRODUCTION CHAPTERS 
to as the high seas in the LOSC. Seabed beyond a coastal State’s EEZs
and Continental Shelf claims is known under the LOSC as the Area. The
LOSC states that the Area is considered “the common heritage of all
mankind”12 and is beyond any national jurisdiction.
States can conduct activities in the Area so long as they are for peaceful
purposes, such as transit, marine science, and undersea exploration.

Resources are a more complicated matter. Living resources, such as

sh, are available for exploitation by any vessel from any State.
Although the LOSC does not impose any limitations on shing in the
high seas, it encourages regional cooperation to conserve those
resources and ensure their sustainability for future generations. The
U.S. is party to separate conventions and regional sheries
management organizations that govern international shing activity.

Non-living resources from the Area, which the LOSC refers to as

minerals, are handled di erently from sh, since mineral extraction
projects are capital intensive to build and administer. To maintain such
projects without national control, LOSC created the International
Seabed Authority, referred to as the Authority in the LOSC document.
This international body, headquartered in Jamaica, is responsible for
administering these resource projects through a business unit called
the Enterprise. The Enterprise was organized to be governed much like
a public-traded corporation with a Council (functioning as an Executive
Committee) and a Secretariat (which handles day-to-day
administration). As an international body, the Authority also includes an
Assembly of representatives from each nation which functions like a
large Board of Directors. Unlike a publicly traded corporation, the
Assembly is the supreme body for setting policy in the Authority. Since
the rati cation of the LOSC, there has been limited activity in relation to
these provisions.13

Maritime Features
Although it is easy to determine how baselines can be drawn from large
areas of continental coastline, such as in Florida or California, there are
other maritime features that can a ect how zones are drawn. These
include:

Straight baselines (which are not a feature, but change the baseline
when used)
River Mouths

 Bays
Islands TABLE OF CONTENTS 
FOREWORD
Rocks
Reefs and Atolls CHAPTERS 
INTRODUCTION
Low-Tide Elevations
Arti cial Islands, Installations, and Structures

Straight Baselines
To accommodate deeply indented coastline and fringes of islands along
the coast, the LOSC allows for use of straight baselines.14 These
baselines, drawn between features and coastline to created straight
lines, allow States to create xed points to deal with the wild distance
variances caused by such features. Any sea between the coast and the
straight baseline is considered internal waters rather than territorial
waters. The practical e ect of straight baselines is that they push a
State’s maritime borders outward. As a consequence, States ranging
from Canada to China have aggressively used straight baselines in ways
that are not accepted by the U.S.

States are not able to arbitrarily draw straight baselines in order to

extend their maritime claims. The LOSC provides that straight baselines
must conform to the general direction of the coast and the sea area
lying with the lines must be closely linked to the coast.15 Straight
baselines cannot be drawn across low-tide elevations (see de nition
below). Finally, they cannot be used to cut o another State’s access to
their territorial sea or EEZ. Straight baselines can be considered in the
case of “economic interest peculiar to the region concerned” if there is
demonstrated “long usage” by the State drawing the baseline.16

River Mouths
River mouths are where rivers empty into the ocean. States with river
mouths are permitted to draw a straight baseline between the low-
water lines on each bank.17

Bays
Bays are one of the more complex maritime features. In general, a bay
is a large indentation in a shoreline. This can become an issue with
straight baselines as States may try to classify large bays as internal
waters to project maritime boundaries out further and control
over ight access. To prevent this, the LOSC de nes a bay as a “well-
marked indentation… [where] its area is as large as, or larger than, that
of a semi-circle whose diameter is a line drawn across the mouth of that 
indentation.”18 The amount of control a State has over a bay is based on
TABLE OF CONTENTS 
FOREWORD
the distance between the low-water line on either side of the bay’s
entrance. If the entrance is equal to or less than 24 miles wide at low-
INTRODUCTION CHAPTERS 
tide, then a State may draw a straight baseline across the entrance,
e ectively making the entire bay internal waters. If the entrance is more
than 24 miles wide, a State can only draw a straight baseline 24 miles
across the bay in a way that maximizes the area of internal waters. So-
called “historic” bays, such as the Chesapeake Bay, are exempt from this
provision.

Islands
Islands are naturally formed land areas surrounded by water on all
sides. Islands must be above the water at high tide and able to sustain
human habitation or economic life of their own.19 Islands possess the
same maritime zones as other landmasses, including a territorial sea,
contiguous zone, EEZ, and continental shelf. Islands do not need to be
inhabited to create those maritime zones; they only need to be capable
of sustaining human habitation or economic life. See below for
information on arti cial islands, which are treated di erently than
naturally occurring islands.

Rocks
A rock in the LOSC is de ned as an island that is unable to support
human habitation or economic life. Rocks provide their owners with less
control than islands, providing only a territorial sea and a contiguous
zone. They do not create or further the extent of an EEZ. Rock is a legal
term and does not refer to any particular type of geological formation.
For example, a sandbar can be considered a rock.

Reefs and Atolls

Reefs are formations of coral, roughly shaped like mountains, which run
just below the surface of the water. Atolls are small, U-shaped islands or
reefs which are made from coral. In the case of islands situated on
atolls or of islands having fringing reefs, the baseline for measuring the
breadth of the territorial sea is the seaward low-water line of the
reef….20

Low-Tide Elevations
A low-tide elevation is a landmass that is completely submerged during
high tide but above water at low tide. These elevations do not create 
any zones of maritime control on their own.21 If a low-tide elevation falls
TABLE OF CONTENTS 
FOREWORD
within the boundary of a State’s territorial sea as measured from the
mainland or an island, that State may draw a baseline from the low-
INTRODUCTION CHAPTERS 
water line of the low-tide elevation rather than from the shore.

Arti cial islands, Installations, and

Structures
States have the right to construct arti cial islands, installations and
structures within their EEZ.22 Owners of such arti cial features are
permitted to establish reasonable safety zones, usually not to exceed
500 meters (1649 feet) or acceptable standards from international
safety organizations such as the International Maritime Organization.
Since they are not naturally occurring, arti cial features do not create a
territorial sea, contiguous zone, EEZ, or continental shelf.

E ects and Controversies of

Maritime Zones and Features
The LOSC speci cally de nes the various maritime zones and features.
However, there are ongoing controversies around the world over the
de nition of those features and the zones they should produce. It is
easy to see why, depending on the type of feature.

The dispute over the Gulf of Sidra illustrates the challenges posed by
bays and straight baselines. Located between the eastern and western
halves of Libya, the Libyan government under Muammar Gadha in the
1970s attempted to draw a straight baseline across the Gulf of Sidra
and declare it as internal waters.


 TABLE OF CONTENTS 
FOREWORD

INTRODUCTION CHAPTERS 

This would have allowed Libya a much larger area to restrict navigation
and over ight. Most nations did not recognize the claim because, under
the LOSC, the baseline did not conform to the shape of the coast. These
nations also opposed Libya’s claim to historical use due to a lack of
demonstrated usage and its large size.

Another challenge centers on the de nition of islands. There is an

incentive for States to obtain island status for their deep ocean
features. Unlike rocks or low-water elevations, islands project a full
territorial sea with over ight control and a full EEZ. This issue is most
prevalent in the South China Sea, which is rich in resources and
contains many maritime features that may or may not be islands
entitled to large EEZs. Even small islands, such as the Spratly Islands,
which total 1.5 square miles in size, can project hundreds of square
nautical miles of exclusive economic control over the South China Sea.
This issue is discussed in more detail in Chapter Ten: The South China
Sea Tribunal.

Finally, rising sea levels threaten to alter the current demarcation of

maritime zones. As already discussed, rocks and low-tide elevations
create much smaller zones of control than islands. Rising sea levels
could e ectively downgrade the status of some islands to that of rocks
or low-tide elevations that would deny their owners an EEZ. The LOSC
provides no clear guidance on this emerging issue.

  
 
TABLE OF CONTENTS 
FOREWORD
1. United Nations Convention on the Law of the Sea, Article 5, Dec. 10,
1982, 1833 U.N.T.S.
INTRODUCTION 397 [hereinafter
CHAPTERS  LOSC]. (available at:
http://www.un.org/
depts/los/convention_agreements/texts/unclos/part2.htm).
2. US Department of Commerce, National Oceanic and Atmospheric
Administration. “What is the di erence between a nautical mile and
a knot?” NOAA’s National Ocean Service. June 01, 2013. Accessed
July 06, 2017.
http://oceanservice.noaa.gov/facts/nauticalmile_knot.html.
3. U.S. Department of the Navy, Annotated Supplement for the
Commander’s Handbook on the Law of Naval Operations, NWP 9
(Rev. A)/FMFM 1-10), paras. 1.5.1 & 2.4.1 (1989).
4. LOSC, Article 56
5. LOSC, Article. 56.
6. LOSC, Art. 58. (Articles 58-115 include the duty to render assistance
(Article 98), actions taken to counter the slave trade (Article 99) and
repress piracy (Articles 100-107), suppression of narcotics
tra cking (Article 108), suppression of unauthorized broadcasting
(Article 109), the exercise of the peacetime right of approach and
visit (Article 110), and the right to hot pursuit (Article 111)).
7. LOSC, Article 76(4)(a)(i).
8. LOSC, Article 76 (4)(a)(ii).
9. A 2,500-meter isobath means a line connecting the 2,500-meter
depth of the seabed 10  LOSC, Article 79(1).
10. LOSC, Article 78.
11. LOSC, Article 136. 13 LOSC, Article 151(b). 14  LOSC, Article 7.
12. LOSC, Article 7.
13. LOSC, Article 7.
14. LOSC, Article 9.
15. LOSC, Article 10.
16. LOSC, Article 121.
17. LOSC, Article 6.
18. LOSC, Article 13.
19. LOSC, Article 60.

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TABLE of OF
LawCONTENTS
and Diplomacy, Tufts 
University
FOREWORD    
INTRODUCTION CHAPTERS 