MARITIME ZONE AND JURISDICTION Maritime-ClaimsDownload MARITIME ZONE AND JURISDICTION Maritime Zones and How They Are Determined Maritime zones are drawn using what the LOSC calls “baselines.” Unlike inland waters, coastal waters rise and fall in tides. Rather than having moving maritime boundaries, the baseline is fixed to begin at the low-water line along the coast. The low-water line is derived from the coastal State’s own charts.1 These zones are measured using nautical miles, a measurement based 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 different zones: 1. Internal Waters3. Contiguous Zone5. Continental Shelf2. Territorial Sea4. Exclusive Economic Zone6. High Seas & Deep Ocean Floor Internal WatersInternal waters are all the waters that fall landward of the baseline, such as lakes, rivers, and tidewaters. States have the same sovereign jurisdiction over internal waters as they do over other territory. There is no right of innocent passage through internal waters. Territorial SeaEverything from the baseline to a limit not exceeding twelve miles is considered the State’s territorial sea. Territorial seas are the most straightforward zone. Much like internal waters, coastal States have sovereignty and jurisdiction over the territorial sea. These rights extend not only on the surface but also to the seabed and subsoil, as well as vertically to airspace. The vast majority of States have established territorial seas at the 12 nautical mile limit, but a handful have established shorter thresholds. While territorial seas are subject to the exclusive jurisdiction of the coastal States, the coastal States’ rights are limited by the passage rights of other States, including innocent passage through the territorial sea and transit passage through international straits. This is the primary distinction between internal waters and territorial seas. These rights are described in detail in Chapter Three: Freedom of Navigation. There is no right of innocent passage for aircraft flying through the airspace above the coastal state’s territorial sea. Contiguous ZoneStates may also establish a contiguous zone from the outer edge of the territorial seas to a maximum of 24 nautical miles from the baseline. This zone exists to bolster a State’s law enforcement capacity and prevent criminals from fleeing the territorial sea. Within the contiguous zone, a State has the right to both prevent and punish infringement of fiscal, immigration, sanitary, and customs laws within its territory and territorial sea. Unlike the territorial sea, the contiguous zone only gives jurisdiction to a State on the ocean’s surface and floor.3 It does not provide air and space rights. Exclusive Economic Zone (EEZ)Unlike other zones whose existence derived from earlier international law, the EEZ was a creation of the LOSC. States may claim an EEZ that extends 200 nautical miles from the baseline. In this zone, a coastal State has the exclusive right to exploit or conserve any resources found within the water, on the sea floor, or under the sea floor’s subsoil. These resources encompass both living resources, such…

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