U N I T 1 - I N T RO D U CT I O N TO I N T E R N AT I O N A L A I R L AW

INTRODUCTION

EVOLUTION OF INTERNATIONAL LAW

 IL has since its earliest days been deeply involved in the regulation of navigation & fishing.
 IL has evolved over time to adapt to changes & to take account of developments in:
• Navigation
• Fishing
• The exploitation of the continental shelf & deep seabed
• The conservation of marine resources
• Regulation of marine archaeological research
• The combatting of pollution.

FUNDAMENTAL PRINCIPLES

The influence of Dutch Jurists on Fundamental Principles of the Law of the Sea:

 Supporting of the freedom of the seas  The Netherlands requested guidance from legal scholar Grotius &
this led to the writing of Mare Liberum in 1609 at the request of the Dutch East India Company.

 Grotius stated that the high seas are open to the shipping of all nations
 This principle was gradually accepted
 Today it forms a fundamental principle of the law of the sea

 Cornelius van Bynkershoek  Another Dutch jurist who was responsible for another basic principle
 The right of a coastal state to exclusive sovereignty over its territorial sea.
 SOURCES OF INTERNATIONAL LAW GOVERNING
THE LAW OF THE SEA

❖ International law of the sea is one of the oldest branches of international law

Customary international law

❖ The sources of the law of the sea are found in Multilateral international treaties.

The 1982 United Nations Convention on the Law of the Sea

MULTILATERAL TREATIES

❖ 4 multilateral treaties were adopted in 1st & 2nd Geneva conferences on the law of the sea in 1958 & 1960.

❖ 4 Geneva Conventions 1. Geneva Convention on the Territorial Sea and the Contiguous Zone  TSC
2. Geneva Convention on the High Seas  HSC
SA has ratified
3. Geneva Convention on the Continental Shelf  CSC all 4

4. Geneva Convention on the Fishing and Conservation of the Living Resources of the High Seas

UNCLOS

THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA  UNCLOS

❖ After the adoption of the 4 Conventions on the Law of the Sea in 1958 & 1960 new maritime issues emerged
& the 2 main issues were:
Claims for Extended Exclusive Fishing Zones – specifically Iceland

Mining Rights on the seabed beneath the high seas - known as the deep seabed

❖ UNCLOS is the main instrument that governs the law of the sea

❖ UNCLOS is referred to as the constitution for the oceans due to its inclusive nature & wide range of issues it covers
❖ UNCLOS III  The Third United Nations Law of the Sea Conference took place between 1973 & 1982

• SA initially participated in 1973–1974 sessions BUT withdrew in 1974 due to questions about its credentials

• UNCLOS III, compromises were reached between developed & developing states & coastal & landlocked states.

• Compromises resulted in creation of UNCLOS = a comprehensive treaty consisting of 320 articles & 9 annexes

• Just before UNCLOS was to be signed, the United States withdrew its support due to objections to the proposed
international regime for the deep seabed

• The U.S. withdrawal influenced other developed states to withhold ratification, causing UNCLOS to fail in
securing the necessary 60 ratifications for it to enter into force until 1994.

• In 1994, a compromise was reached through the New York Agreement Relating to the Implementation of Part XI
of UNCLOS, primarily aimed at making UNCLOS more acceptable to developed states.

• The agreement clarified that UNCLOS and the 1994 Agreement should be interpreted as a single instrument,
and in case of inconsistencies, the 1994 Agreement would prevail.

• 1982 UNCLOS, as modified by the 1994 Agreement, became the principal source of law on the law of the sea.

• This convention, ratified by 161 states, prevails over the 1958 Geneva Conventions on the Law of the Sea, which
continue to bind only those states that are parties to them.
 MARITIME ZONES

 There are 5 geographical maritime zone

● The internal waters of a state are within the territory of the state
1. Internal Waters of a State: ● There is no right of passage
● The state has exclusive civil & criminal jurisdiction over such waters

● This zone extends 12 nautical miles from the coastal state’s baseline
2. Territorial Sea of a State:
● States have a limited civil & criminal jurisdiction over foreign vessels in this zone

● This zone extends 24 nautical miles from a costal state’s baseline

3. Contiguous Zone:
● In this zone costal state has the power to prevent the contravention of their customs & immigration laws

● This zone extends 200 nautical miles from a costal state’s baseline
4. Exclusive Economic Zone:
● In this zone costal state has the sovereign right to explore & exploit natural resources such as fish & oil

● This is the part of the sea that exists beyond the 200 nautical mile zone
5. The High Seas:
● No state has jurisdiction or sovereignty over the high seas
 KEY CONCEPTS & DEFINITIONS

BASELINE

 A baseline is an imaginary line used as a reference point for measuring the range of different maritime zones.

 The baseline is deemed to be the low-water line along the coast.

 Baselines are drawn based on geographical characteristics of the coastline
 There are different types of baselines for specific geographical situations

 Baselines serve as the starting point for determining the limits & extent of a coastal state's sovereign rights or
jurisdiction over adjacent waters
 In order to determine the right of a State in relation to its use on the sea  you must determine the baselines

TYPES OF BASELINES

Normal Baselines
Article 5 of UNCLOS = the low-water line along the coast.

• Line is determined by the coast of a state at low tide.

• It’s the starting point when measuring range of territorial sea.
• Most common type of baseline

Straight Baselines
Article 7 of UNCLOS

ART 7 allows straight baselines to be drawn WHEN the coastline is

• Deeply indented
• Cut into
• There’s a fringe of islands along coast in its immediate vicinity.

Straight baselines are drawn as fake straight lines connecting the

outermost points of rocks, islands & indents along the coast.
STRAITS

• Definition: A strait is a narrow passage of water that connects two larger bodies of water.
• These bodies of water could qualify as high seas or fall within the exclusive economic zones (of coastal states.

Regulation of Straits Before 1982

• Prior to 1982, straits that were entirely located within the territorial sea of one or more coastal states were subject to the rules of Innocent passage
• Innocent passage rules applied to both merchant vessels & warships passing through such straits.
• One significant privilege granted to these straits by the 1958 Convention on the Territorial Sea was the prohibition of coastal state's right to suspend passage.

Effect of the 1982 UNCLOS

• The 1982 UNCLOS introduced a change regarding the classification of straits.

• Main changes was the recognition of 12-mile territorial sea limit for coastal states.
• This change resulted in the reclassifying of many straits, previously considered high seas as part of the territorial sea of coastal states.
• This meant that many straits, which were previously considered high seas, became part of the territorial sea of coastal states.

• Examples include
 The Straits of Gibraltar & Straits of Dover, which are less than 24 miles wide at their narrowest points.

• UNCLOS introduced a new concept known as Transit Passage:

 Transit passage provides greater rights to foreign shipping passing through such straits compared to innocent passage.
 It allows for more freedom of navigation & aims to balance the interests of both coastal states & international shipping.
 INTERNAL WATERS

 Internal waters are to be found on the landward side of the baselines from
which the width of the territorial & other zones is measured & are integrated
with the sovereign territory of the state

 SA’s main source of regulation for internal waters is the Marine Traffic Act
 They differ from the territorial sea mainly in that there does not exist any right of innocent passage from which
the shipping of other states may benefit.
 The coastal state has full criminal & civil jurisdiction over acts on board foreign ships in its internal waters.
 However, the coastal state typically permits the ship's authorities or the consular agent of the flag state to
handle disputes and minor crimes on board.
 Ports in internal waters are generally open to foreign shipping, but entry may be prohibited for national security
reasons.

BAY’s & ISLANDS

Definition of a 'Bay':

• Under UNCLOS, a 'bay' must be a well-marked indentation in the coastline

• ART 10(2): An indentation shall not be regarded as a bay unless its area is as large as, or larger than that of
the semicircle whose diameter is a line drawn across the mouth of that indentation
• ART 10(4): Straight baselines may be drawn through bays with a max length of 24 miles within the rule of
internal waters.

• Historic bays do not fall within the ambit of Art. 10.

 Exception for 'Historic Bays' = Some larger bays, for which the coastal state's claims to full sovereignty
have been generally accepted, are considered 'historic bays.' These may have different regulations.
Definition of an island:

• An island is a naturally formed area of land, surrounded by water, which is above water at high tide
• The TS, the contiguous zone, the EEZ and the continental shelf of an island are determined in accordance
with the provisions of this convention applicable to land territory
• Rocks which cannot sustain human habitation shall have no EEZ or continental shelf

TERRITORIAL SEA

The territorial zone that extends from the baseline of a coastal state & forms part of that state's sovereign territory.
UNCLOS =Defines the territorial sea is as:

1. Breadth: The territorial sea extends up to 12 nautical miles from the baselines

2. Sovereignty: The coastal state has full sovereignty over its territorial sea. This means that the coastal state has
exclusive jurisdiction & control over the waters, the air space above it, and the seabed and subsoil beneath it.

3. Rights and Regulations: The coastal state has the authority to establish and enforce laws and regulations
within its territorial sea. This includes laws related to customs, immigration, environmental protection, and law
enforcement. Foreign vessels enjoy the right of innocent passage through the territorial sea, meaning they can
traverse it as long as they do not engage in activities that are prejudicial to the peace, good order, or security
 WHAT IS THE TERRITORIAL ZONE?

 ART 3 = the sea in a distance of 12 nautical miles from the baselines shall be the territorial waters of the Republic

1ST area beyond baseline into sea 12 nautical miles = 1.851 km

THE RIGHT OF INNOCENT PASSAGE

Definition of Passage:

 Passage is defined as the navigation through the territorial sea of a coastal state.

Crossing the territorial sea without entering

This navigation can serve several purposes including internal waters
Proceeding to internal waters
Making for the high seas from internal waters

Conditions for Innocent Passage:

PASSAGE MUST BE CONTINUOUS & EXPEDITIOUS

This includes stopping & anchoring as long as it relates to ordinary navigation  ships should navigate
through the territorial sea without unnecessary delays

the peace of coastal state

Passage is considered innocent as long as it does not pose a threat to The good order of coastal state
the security of coastal state
Non-Innocent Activities:

❖ The passage is considered non-innocent if it involves activities that are prejudicial to the coastal state.
❖ These activities include:
 Threat or use of force against the coastal state.
 Carrying weapons of any kind.
 Engaging in propaganda against the coastal state.
 Launching, landing, or carrying military aircraft or devices.
 Violating the customs, immigration, or sanitary laws of the coastal state.
 Causing pollution.
 Engaging in fishing.
 Conducting research activities.
 Interfering with the communications systems of the coastal state

The rights & responsibilities of coastal states concerning innocent passage

• Coastal states are prohibited from obstructing the innocent passage of

May not interfere with Innocent
foreign ships through their territorial sea.
Passage
• The purpose is to ensure safe & unhindered navigation for foreign vessels.
• Coastal states are required to make information about any danger to
Must announce Navigation navigation within their territorial sea publicly available.
Hazards • This is to ensure that foreign ships are aware of any risks while passing
through these waters
• Coastal states have the authority to temporarily suspend the right of
Have a right to temporary innocent passage in specific areas within their territorial sea if there are
suspension of innocent passage concerns related to security.
• However, such suspensions must be done on a non-discriminatory basis  it
should not unfairly target specific foreign vessels
• Coastal states have the option to establish & designate sea lanes for the
Are allowed to Establishment of regulation of sea traffic.
Sea Lanes • This can help manage the flow of vessels & enhance safety in their territorial
sea.

JURISDICTION

❖ The coastal state has sovereignty over:

 The territorial sea itself
 The airspace above the territorial sea
 The seabed and subsoil  the soil under the seabed

❖ Sovereignty over territorial sea vests in the Republic  state has ultimate authority & control over maritime zone
❖ For municipal-law purposes ownership of the territorial sea is vested in the state itself
JURISDICTION OVER PERSONS ON FOREIGN SHIPS:

 Coastal states have limited criminal & civil jurisdiction over individuals on board foreign ships while they are in
the territorial sea.

CRIMINAL JURISDICTION

(1) A coastal state should refrain from declaring its criminal jurisdiction over individuals on board a foreign ship
passes through the territorial sea to arrest any person or to conduct any investigation in connection with any
crime committed on board the ship during its passage.

(2) A coastal state may not arrest any person or conduct investigations in connection with any crime committed
before the ship entered the territorial sea if the ship is only passing through the territorial sea without
entering internal waters.

 if a crime is committed on a foreign ship during its passage through the territorial sea, the coastal state does
not automatically have authority to arrest the individuals involved or conduct criminal investigations on the ship.

Exceptions

In specific circumstances the coastal state may intervene & can exercise criminal jurisdiction Where the coastal
state is affected by consequences of crime committed in the territorial zone

1. If the crime disturbs the peace of the country or the good order of the territorial sea.

2. If assistance of local authorities is requested by master of ship / by a diplomatic agent / consular officer

3. Presumption that foreign ship in territorial sea is transporting illegal drugs

 Then the territorial state may intervene

Eg: If a murder was committed on a ship in the SA territorial waters, the SA government will have full authority to
prosecute such a murder as if it happened on the SA land mass

• A coastal state should generally avoid exercising criminal jurisdiction on a foreign ship passing through its
territorial sea HOWEVER  the coastal state still holds the right to arrest a person on board that ship once it
has left the coastal state's internal waters  If the ship has completed its passage through the internal waters &
is now in the territorial sea, the coastal state may arrest individuals on board if necessary.
CIVIL JURISDICTION
 There are 2 principles regarding the exercise of civil jurisdiction by a coastal state in its territorial sea:

Limitations on Civil Jurisdiction:

The coastal state is prohibited from stopping or diverting foreign ships passing through the
territorial sea for the purpose of exercising civil jurisdiction over a person on board the ship
The coastal state should not use its territorial sea as a place to engage in civil legal actions
against individuals on foreign ships.

Restrictions on Arresting Ships:

The coastal state is restricted from arresting a foreign ship for civil proceedings  except when the ship itself
has incurred liabilities during its passage through the waters of the coastal state.
If the ship has caused damage, incurred debts, or is the subject of a civil dispute related to its activities
within the coastal state's waters, the coastal state can arrest the ship for civil legal actions. However, this
arrest must be directly tied to the ship's actions within the coastal state's waters.

The right of innocent passage in the context of South African territorial waters.

DETAILS
ASPECT
 SA law recognises the right of innocent passage through its territorial waters.
 Innocent passage includes continuous & expeditious navigation of a ship for
RECOGNITION OF various purposes, such as
INNOCENT PASSAGE • crossing the territorial sea
• proceeding to or from internal waters
• anchoring as necessary for ordinary navigation
• rendering assistance to persons, ships, or aircraft in danger or distress
Passage is considered innocent as long as it does not pose a threat to the peace,
good order, or security of the Republic of South Africa.
CRITERIA FOR INNOCENT
Passage stops to be innocent if a ship carries or has on board cargo, appliances,
PASSAGE
apparatus, or persons that may pose a threat to the sovereignty, territorial integrity, or
political independence of the Republic.

TEMPORARY SA authorities have the authority to temporarily suspend innocent passage in

SUSPENSION FOR specified areas within the territorial sea if it is deemed necessary for national
NATIONAL SECURITY security  such suspensions are time-bound & apply to designated areas.
 Submarines are required to navigate on the surface & display their flags while
RULES FOR SUBMARINES
passing through SA territorial waters.

SA maritime authorities are granted extensive powers to stop, detain, seize, or

dispose of a ship & its cargo if they are engaged in non-innocent passage or
POWERS OF MARITIME
suspected of drug trafficking.
AUTHORITIES
These powers do not apply to foreign warships or foreign government-owned ships
operated for non-commercial purposes.

SA courts have jurisdiction over matters occurring in the territorial sea.

JURISDICTION OF SOUTH
They may exercise both civil & criminal jurisdiction in appropriate circumstances
AFRICAN COURTS
within this area.

CONTIGUOUS ZONE

WHAT IS THE CONTIGUOUS ZONE?

 The contiguous zone is a concept in maritime law recognised by the 1958 Geneva Convention on the Territorial
Sea and the Contiguous Zone.

 The contiguous zone extends from the baseline used for measuring the territorial sea & is typically a specific
distance  often 12 miles.

 ART 33(2) of UNCLOS, the contiguous zone cannot extend beyond 24 nautical miles from the baselines that are
used as the reference for determining the breadth of the territorial sea.
 WHAT IS THE PURPOSE CONTIGUOUS ZONE?

1. In a zone contiguous to its territorial sea, described as the contiguous zone,

the coastal State may exercise the control necessary to:

(a) prevent infringement of its customs, fiscal, immigration or sanitary laws &
Coastal State's Control
ARTICLE 33

regulations within its territory or territorial sea;

in Contiguous Zone
(b) punish infringement of the above laws & regulations committed within its
territory or territorial sea

2. The contiguous zone may not extend beyond 24 nautical miles from the
Maximum breadth
baselines from which the breadth of the territorial sea is measured.

South Africa's Contiguous Zone:

 South Africa maintains a contiguous zone of 24 nautical miles from its baseline.
 Within this zone SA asserts the authority to take measures necessary to prevent violations of its fiscal,
customs, emigration, immigration, or sanitary laws.

The 24-mile limit in the context of marine archaeology.

• This limit is relevant because it allows coastal states to claim exclusive jurisdiction over objects of an
archaeological and historical nature within their 24-mile contiguous zone.
• South African legislation establishes a maritime cultural zone that extends for 24 nautical miles from specified
baselines. This zone serves as a framework for the protection and regulation of objects with archaeological
and historical value found within South Africa's maritime territory

JURISDICTION

 Coastal state only entitled to punish & prevent infringement of its customs, fiscal, immigration or sanitary laws
& regulations.
 Its jurisdiction does not extend to crimes other than those.
 The sovereign rights exercisable in the contiguous zone are limited to very specific circumstance
 EXCLUSIVE ECONOMIC ZONE

ART 55 of UNCLOS - an EEZ is an

area beyond & adjacent to the
territorial sea.

ART 57 - It extends up to 200

nautical miles from baselines
from which the breadth of the
territorial sea is measured

Sovereign Rights of Coastal States:

• Coastal states exercise sovereign rights within their EEZ.

• These rights include:
 Exploring & exploiting natural resources (both living & non-living) in waters above the seabed & seabed itself.
 Managing and conserving these resources.
 Conducting scientific research

• While coastal states have sovereign rights over these resources, land-locked states are granted certain rights to
participate in the utilization of living resources in the EEZs of coastal states within the same region or subregion.

1. Agreement with Coastal State: The participation of land-locked states in the exploitation of living resources is
subject to an agreement with the coastal state. This means that the coastal state's consent is necessary for
land-locked states to engage in fishing activities within its EEZ.

2. Duties of Coastal States: Coastal states also have responsibilities within their EEZ, which include:

• Ensuring the conservation of natural resources to prevent over-exploitation, for example, by determining
the "maximum allowable catch" for fisheries.

• Maintaining & restoring populations of harvested fisheries at levels that achieve a MAX sustainable yield.

• Promoting the objective of "optimum utilization" of living resources.

The rights of land-locked states in relation to the EEZ of coastal states.

(1) Rights of Land-Locked States: Land-locked states, which do not have direct access to the sea, are granted

specific rights under UNCLOS with regards to the exploitation of living resources in the EEZ of coastal states.

(2) Equitable Participation: Land-locked states have the right to participate in the exploitation of a portion of

the surplus of living resources in the EEZ of a coastal state. This participation is meant to be on an equitable

basis, ensuring that land-locked states can benefit from the marine resources despite not having a coastline

of their own.

(3) Qualifiers and Conditions: Several conditions and qualifiers apply to this right of participation:

(4) Limited to Living Resources: Land-locked states have this right specifically for living resources, such as fish.

It does not extend to non-living resources like oil or minerals.

(5) Surplus Requirement: The right applies only when there is a surplus of these living resources within the

EEZ. In other words, the coastal state should have a catch that exceeds its own capacity.

(6) Agreement with Coastal State: Land-locked states must reach an agreement with the coastal state to

exercise this right. This implies that both parties need to come to terms regarding the extent of

participation and specific conditions.

(7) No Agreements So Far: The passage notes that, as of the information's context, no agreements have been

established between South Africa and its land-locked neighbors or between land-locked states and other

coastal states in the world. This suggests that while the framework exists under UNCLOS, the specific

implementation of these rights may vary from case to case and is subject to negotiation between the

involved parties

HIGH SEAS
HIGH SEAS ALSO KNOWN AS THE OPEN SEAS

 High seas = everything that comes 200 miles after your EEZ
 ART 1 = high seas include all parts of the sea that are not included in territorial sea or internal waters of a State.

The High Seas:

 The high seas are defined as those parts of the seas that are not part of the EEZ, territorial sea, or internal
waters of any specific country.
 These areas are considered to be beyond the jurisdiction of any state & no state can claim sovereignty
 All coastal & land-locked states have freedom to access & use high seas  ART 87(1) UNCLOS:

✓ Freedom of high seas comprises:

✓ Freedom of navigation
✓ Freedom of overflight
✓ Freedom to lay submarine cables and pipelines
✓ Freedom to construct artificial island and other installation permitted under il
✓ Freedom of fishing
✓ Freedom of scientific research

These freedoms are to be exercised by all states with due regard for the interests of other states in their
exercise of the freedom of high seas & also with due regard for the rights under the UNCLOS with
respect to activities in the area.

 According to the UNCLOS the high seas should be used for peaceful purposes  This reflects the international
community's commitment to maintaining peace & cooperation on the high seas.

Limits on High Seas Freedoms:

 While the high seas offer extensive freedoms, they are not a realm without rules.
 1 NB limitation  these freedoms do not extend to conducting weapons testing, including nuclear weapons
 Historical incidents
 The U.S. hydrogen bomb tests were declared unlawful.
 The France's nuclear tests were declared unlawful.
Rights of Land-Locked States:

 Land-locked states are given specific rights to access the high seas under UNCLOS.
 They have the right to access & freedom of transit through the territory of transit states.
 However, specifics of these rights & modalities are to be agreed upon between land-locked state & transit
state through negotiations.

Jurisdiction Over Ships on the High Seas:

 Jurisdiction over a ship on the high seas is mainly held by the flag state.
 Jurisdiction covers a wide range of issues, including legal proceedings for offenses committed on board ship.
 The Merchant Shipping Act & Marine Living Resources Act confer jurisdiction on SA courts for offenses
committed on South African ships on the high seas.

Conferment of Nationality on a Ship:

➢ Each state determines the conditions for granting nationality to its ships.
➢ Many states, including SA, require a extensive connection between the ship's owner & the flag state.
➢ In SA, the Ship Registration Act of 1998 specifies that only SA-owned ships, small vessels owned or operated
by SA residents or nationals & ships on bareboat charters to SA nationals can be registered as South African
ships entitled to fly the national flag.

Actions of Warships on the High Seas:

 In general, ships of one state are not permitted to interfere with ships of another state on the high seas.
 BUT a warship may stop & board a foreign ship on high seas when it reasonably suspected of engaging in
certain activities, including
• Piracy
• involvement in the slave trade
• unauthorized broadcasting
• failure to display a flag.
 HOT PURSUIT

Important Points:

 The pursuing state must have sufficient & valid reason to believe that a transgression occurred
 The pursuing ship must be a warship
 The pursuit must have started when the infringing ship was in the costal state’s maritime zones
 The pursuit can only start after the infringing ship has been given an audio or visual warning

THE RIGHT OF HOT PURSUIT ART 111 OF UNCLOS

The right of hot pursuit grants coastal states the authority to undertake immediate pursuit of a foreign ship
when there is good reason to believe it has violated the laws & regulations of the coastal state.

This right serves as an exception to the freedom of the high seas & is designed to prevent a foreign ship
from evading arrest by escaping to the high seas

The right of hot pursuit is a legal concept designed to allow coastal states to take immediate action
against a foreign ship suspected of violating their laws within specified maritime zones.

To exercise this right:

 The breach must occur in certain zones of the coastal state.
 The pursuit must start within these zones.
 The chasing warship can continue the pursuit into the high seas.
 The pursuit must be continuous without significant interruptions

Requirements for a Lawful Hot Pursuit under Art. 111:

1. Grounds for Pursuit: 5. Authorized Entities:

2. Commencement of Pursuit: 6. Termination of Pursuit:

3. Prior Warning: 7. Cumulative Conditions:

4. Continuous Pursuit: 8. Compensation for Unjustified Pursuit:

 Competent authorities of the coastal state must have good reason to
believe that the foreign ship violated its laws within any of its
(1) Grounds for Pursuit:
maritime zones (internal waters, territorial sea, contiguous zone, EEZ,
continental shelf).

Pursuit must commence when the foreign ship or its boat is within
(2) Commencement of Pursuit:
the limits of the particular maritime zone.

Pursuit may only commence after a visual or auditory signal to stop

(3) Prior Warning: has been given at a distance visible or audible to the foreign ship.

The signaling ship need not be within the same maritime zone.

Pursuit may only continue on the high seas if it is continuous and

(4) Continuous Pursuit:
uninterrupted.

The right of hot pursuit may only be exercised by warships or military

(5) Authorized Entities: aircraft or those marked and identifiable as being on government
service.

The right of hot pursuit ceases as soon as the pursued foreign ship
(6) Termination of Pursuit:
enters the territorial sea of its own state or a third state.

The conditions for the exercise of the right of hot pursuit are
(7) Cumulative Conditions: cumulative; each must be satisfied for the pursuit to be legitimate
under UNCLOS.

If a ship has been stopped or arrested in circumstances not justifying

(8) Compensation for Unjustified Pursuit: hot pursuit, it shall be compensated for any loss or damage suffered
(Art. 111(8)).

Breach in Specific Zones:

• The hot pursuit is permissible when a warship suspects a breach of the laws of the coastal state by another ship.
• The breach must occur in specific maritime zones of the coastal state, including internal waters, territorial waters,
contiguous zone, the Exclusive Economic Zone (EEZ), and the Continental Shelf.

Legal Commencement of Pursuit:

• The pursuit is considered legal if it commences when the suspected ship is within the boundaries of the specified
zones of the coastal state.
Pursuit into High Seas:

• The pursuing warship has the authority to continue the pursuit into the high seas.
• The arrest of the suspected ship can take place in the high seas.

Uninterrupted Pursuit:

• NB condition for the exercise of the right of hot pursuit is that the pursuit must be continuous & uninterrupted 
the chasing warship must maintain its pursuit without significant breaks or interruptions.

PIRACY

Definition of Piracy = UNCLOS Article 101

 UNCLOS Article 101 provides a comprehensive definition of piracy, encompassing various illegal acts committed by
the crew or passengers of a private ship or aircraft for private ends.
 The acts include violence, detention, or depredation, and they are directed either on the high seas or in places
outside the jurisdiction of any state.
 This definition also covers voluntary participation in the operation of a ship or aircraft with knowledge that it is a
pirate vessel, as well as incitement or facilitation of pirate acts.

Definition of Pirate Ship (UNCLOS Article 102):

 UNCLOS Article 102 defines a pirate ship as a ship that is intended by those in dominant control to be used for acts of
piracy or a ship that has been used to commit such acts, as long as it remains under the control of those guilty of
those acts.

CONTINENTAL SHELF

The Continental Shelf is defined by the Continental Shelf Convention (CSC) as the sea-bed and subsoil of submarine
areas adjacent to the coast, extending from the outer edge of the territorial sea to a depth of 200 meters or beyond,
where exploitation of natural resources is feasible.
Sovereign Rights:

• Coastal states enjoy sovereign rights over exploration & exploitation of natural resources on the continental shelf.
• These rights are considered inherent and don't require express proclamation.

Extension of Territory:

• The International Court of Justice views the continental shelf as an extension of the coastal state's territory, even
though it's underwater.

ZONE LOCATION DEPTH DESCRIPTION

A relatively shallow, flat extension of the continent

CONTINENTAL Nearest to the Typically 150-200
into the sea. Part of the continental crust containing
SHELF coastline meters
rich fishing grounds and oil deposits.

Beyond the continental shelf, the ocean floor drops

CONTINENTAL Following the Varied (steep
steeply, marking the boundary between the
SLOPE continental shelf descent)
continental and oceanic crust.

A gentle incline or rise at the base of the continental

CONTINENTAL Following the
1,500-5,000 meters slope, formed by the accumulation of sediments
RISE continental slope
transported down by currents and rivers.

The relatively flat and deep portion of the ocean floor

DEEP OCEAN Beyond the continental
Varied (abyssal beyond the continental rise. Part of the oceanic crust
FLOOR rise plains, trenches) with features like abyssal plains, deep-sea trenches,
and oceanic ridges.

Geological, ecological, and economic processes,

Transition zone
Plays a crucial role including the distribution of marine life, exploration
SIGNIFICANCE between continent and
in various of natural resources, and understanding Earth's
ocean
geological history.
 RIGHTS & JURISDICTICTION

Zone Breadth Rights

Coastal states have complete sovereignty subject to
All water on landward side of
Internal Waters the right of foreign vessels in distress to seek safety in
baseline
internal waters
Coastal state has sovereignty subject to the right of
Territorial sea Maximum 12 miles
innocent passage of foreign ships
Exclusive The EEZ must be expressly claimed Coastal states enjoy
economic zone sovereign rights for the purpose of exploiting,
Maximum 200 miles
& contiguous conserving and managing the natural resources of the
zone sea-bed subsoil and superjacent waters
Coastal states have exclusive rights to the exploitation
Continental Maximum 200 miles or,
and exploration of the natural resources of the sea-bed
shelf exceptionally 350 miles
and subsoil
All states enjoy freedom of the high seas, jurisdiction is
exercised by the flag state, subject to certain
exceptions. International sea bed Sea bed under the
All sea not included in the EEZ,
high seas Constitutes part of the common heritage of
High seas territorial sea or internal
mankind. LOSC envisages the area being subject to the
waters
control of the International SeaBed Authority which
would licence exploration and exploitation of seabed
resources