In recent years, maritime boundary disputes have been
commonplace in the international legal arena. This is because
most countries today are becoming more and more interested in
and concerned about maritime boundaries for the exploration and
exploitation of both mineral and food resources. Among the most
controversial maritime boundary disputes in the world over the
past couple of years is the West Philippine Sea conflict. This
dispute has been ongoing for decades and is ultimately a result of
years of territorial conflict over the “Spratly Islands,” a group of
around 7,500 islands and reefs claimed by several countries to be
their own.
However, maritime disputes like the West Philippine Sea conflict
are a global menace because they disrupt the political harmony in
international relations. As such, the importance of rapidly settling
these maritime boundary disputes cannot be stressed enough, as
it is a key to the peaceful coexistence of States in the international
realm.
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To this end, the support and guidance of reputable international
organizations, such as the United Nations, are necessary. These
organizations assist in formulating policies and procedures for an
effective delimitation of maritime boundaries in accordance with
the so-called “Law of the Sea.”
What is the Law of the Sea?
The term “Law of the Sea” basically refers to a branch of
international law that deals with or is concerned about public
order at sea. A majority of this law has been codified in the
United Nations Convention on the Law of the Sea (UNCLOS),
which is often regarded as the “constitution for the oceans.”
Signed on the 10th of December 1982, UNCLOS reflects an
attempt by numerous States to codify international law with
respect to ocean resources, sea lanes, and territorial waters. It
came into effect only in 1994, following its ratification by 60
States. By the early 21st century, over 150 States had already
ratified UNCLOS.
The Different Maritime Zones Under UNCLOS
Defining maritime zones is one of the biggest contributions of
UNCLOS to international law. Maritime zones in international law
are areas of sea or ocean which are subject to national or
international authority. These zones essentially serve as maritime
borders that are delimited as parts of the sea surface, seabed,
and water column, the subdivision of which is based on the
grounds of political jurisdiction in relation to the ownership and
use of marine resources.
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Under UNCLOS, there are mainly five recognized maritime zones
in international law, namely internal waters, territorial sea,
contiguous zone, exclusive economic zone, and the high
seas.
1. Internal Waters
The term “internal waters” refers to those waters found on the
baseline’s landward side from which the territorial sea’s breadth is
being measured. Over its internal waters, every coastal State has
complete sovereignty as if it forms part of its land territory. As
such, the coast State has the authority to exclude foreign flag
ships from its internal waters, except when the right of entry of
ships in distress is invoked. In internal waters, the right of
innocent passage, which refers to the right of foreign ships to
navigate the sea of another State freely without performing
activities that are prejudicial to the latter’s interests, is not
applicable.
2. Territorial Sea
Every coastal State can claim a territorial sea, which is basically a
belt of coastal waters that extend up to 12 nautical miles from the
baseline. A coastal State likewise exercises sovereignty over its
territorial sea, the subsoil and seabed underneath it, and the
airspace above it. Unlike in internal waters, international law
authorizes foreign flag ships to freely transit the territorial sea of
another State in the exercise of the right of innocent passage.
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However, the exercise of this right is subject to the laws and
regulations that are adopted by the coastal State in accordance
with UNCLOS and other rules of international law in respect of
such passage.
3. Contiguous Zone
Every coastal State is also empowered to claim a contiguous
zone, which is beyond and adjacent to its territorial sea and
extends seaward up to 24 nautical miles from the baseline. Within
this maritime border, a coastal State can exercise the kind of
control necessary to avert the infringement of its fiscal,
immigration, customs, or sanitary laws and regulations within its
territorial sea or land territory.
In line with this power, the coastal State may also punish any
entity that commits such infringement. In addition, to control
trafficking in historical and archaeological objects found at sea,
every coastal State has in its favor the presumption that the
removal of such objects from the seabed of its contiguous zone
without its consent is illegal.
4. Exclusive Economic Zone
Exclusive economic zones are another maritime boundary defined
under the UNCLOS. Basically, an exclusive economic zone is an
area of sea or ocean that generally extends seaward up to 200
nautical miles beyond the territorial sea of a coastal State. Within
the exclusive economic zone, a coastal State has the following:
• Sovereign rights to conserve, explore, exploit, and manage
the natural resources, whether living or non-living, of the
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subsoil, seabed, and superjacent waters with respect to
other activities for the economic exploration and exploitation
of the zone, such as the generation of energy from the
water, winds, and currents.
• Jurisdiction with regards to the establishment and utilization
of artificial islands, structures, and installations, marine
scientific research, and the preservation and protection of
the marine environment.
• Other rights and obligations as may be provided for under
international law.
5. The High Seas
Under international law, the high seas are defined as all parts of
the sea or ocean, which are not included in the internal waters,
the territorial sea, or the exclusive economic zone of any State. In
other words, the high seas and all the resources found therein are
not directly regulated or owned by any country.
Not being owned by any State, UNCLOS mandates that the high
seas shall be reserved for peaceful purposes only. Any State may
not legally purport to subject any part of the high seas to its
sovereignty. In line with this, all States, whether land-locked or
coastal, have the right to sail ships on the high seas.
Is UNCLOS Legally Binding?
A common question that many individuals and organizations have
when it comes to UNCLOS is whether it has the power to enforce
its rules and decisions, specifically with regard to the settlement of
maritime disputes.
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The simple answer to this question is yes – the UNCLOS verdicts
are deemed legally binding on its member States pursuant to the
principle of “pacta sunt servanda,” which is the oldest generally
accepted principle of international law that literally means
“agreements must be kept.”
At present, UNCLOS has already been ratified by 168 parties,
which comprise 167 States and the European Union (EU). 14 UN
member States have additionally signed the convention but have
not yet ratified the same. Because of opposition from Republicans
in the Senate, the United States has not been able to ratify the
UNCLOS. Nonetheless, it now recognizes the convention as a
codification of customary international law.
In Asia, most countries are members of UNCLOS, including China
and the Philippines. It is for this reason that both States,
specifically China, are being pressured to abide by the 2016
Arbitral Tribunal ruling, which essentially determined the major
elements of China’s claim over the West Philippine Sea –
including its recent land reclamation activities, other activities in
Philippine waters, and the nine-dash line – to be unlawful.
However, to this day, China still refuses to honor such a verdict in
violation of UNCLOS’ decision and of international law in general.
Conclusion
The creation of UNCLOS has ultimately changed the way marine
resources and territories are regulated and maritime disputes are
settled. Although arguably not a perfect law, UNCLOS deserves
to be lauded for laying down essential laws and rules whose
global acceptance is believed to have greatly reduced the
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frequency, number, and potential for inter-state disputes that
would otherwise have taken place. Among the biggest
contributions of UNCLOS to international law is the definition and
delimitation of maritime zones, which have greatly helped States
determine their maritime boundaries, rights, and obligations.
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