Overlapping claims to territorial sea in law of the sea and LOSC

Delimitation of the territorial sea between States with opposite or adjacent coasts
Where the coasts of two States are opposite or adjacent to each other, neither of the two States is entitled, failing agreement between them to the contrary, to extend its territorial sea beyond the median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial seas of each of the two States is measured. The above provision does not apply, however, where it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of the two States in a way which is at variance therewith.
This provision in a near-verbatim reproduction of the equivalent provision of the 1958 Territorial Sea Convention. It reflects a compromise reached at UNCLOS I – and again at UNCLOS III – between two general proposed methods of delimitation.

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RIGHTS AND RESPONSIBILITIES IN MARITIME ZONES

Coastal states can claim five key maritime zones. Proceeding seawards from the coast they are internal waters, territorial seas, the contiguous zone, the exclusive economic zone (or, in some cases, an exclusive fishing zone) and the continental shelf. Archipelagic states may also claim archipelagic waters within their archipelagic baselines. Beyond these national zones of jurisdiction lie the international maritime zones of the high seas and the Area.
The rights of the coastal state and aliens vary in these maritime zones, and do so both spatially and functionally. Thus, the coastal state has more rights closer to shore, for example in internal waters and the territorial sea. Aliens retain considerable rights within a coastal state’s claimed maritime zones concerned with communication issues such as navigation, overflight and the laying of submarine cables and pipelines. The coastal state, in contrast, boasts significant resource related rights, particularly concerning fishing and mineral extraction from the seabed.

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Navigational Factors as a RELEVANT CIRCUMSTANCES in delimitation process in law of the sea and customary international law

Navigational Factors as a RELEVANT CIRCUMSTANCES in delimitation process in law of the sea and customary international law, delimitation process, Eritrea/Yemen Arbitration, Guyana/Suriname case, LOSC, Navigational Factors, navigational interests, relevant circumstances, territorial seas

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Typology of Marine Spaces

In summary, spatial jurisdiction comprises both complete spatial jurisdiction (= territorial sovereignty) and limited spatial jurisdiction (= sovereign rights). In either case, it must be stressed that coastal State jurisdiction over marine spaces is spatial by nature. It follows from the above discussion that marine spaces in the law of the sea can be categorised as follows :
(i) Marine spaces under national jurisdiction
(a) Marine spaces under territorial sovereignty (or complete spatial jurisdiction): internal waters, the territorial sea, international straits, and archipelagic waters.
(b) Marine spaces under sovereign rights (or limited spatial jurisdiction): the contiguous zone (where the EEZ is established), the EEZ and the continental shelf.
(ii) Marine spaces beyond national jurisdiction the high seas and the Area., Typology of Marine Spaces, archipelagic waters, beyond national jurisdiction, contiguous zone, High seas, internal waters, international straits, jurisdictional zones, national jurisdiction, territorial seas, Typology of Marine Spaces

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