Importance of Maritime Delimitation in International Law of the Sea

MARITIME SPACES IN international law of the sea are, in essence, defined in relation to the coastal State jurisdiction over each maritime space. Thus, coastal State jurisdiction is the primary criterion in characterising maritime spaces. The ambit of coastal State jurisdiction is in principle defined spatially, based on distance from the coast. According to the 1982 UN Convention on the Law of the Sea, the territorial sea in which a coastal State exercises territorial sovereignty shall not exceed 12 nautical miles measured from the relevant baseline (Article 3). The contiguous zone over which a limited jurisdiction is exercised by the coastal State may not extend beyond 24 nautical miles from that line (Article 33). The Exclusive Economic Zone (EEZ), where the coastal State may exercise sovereign rights regarding the exploration and exploitation of natural resources, shall not extend beyond 200 nautical miles (Article 57). The same is in principle true for continental shelves of less than 200 nautical miles (Article 76(1)). It would seem safe to say that these rules have now become customary law. Hence, the definition of the spatial extent of coastal State jurisdiction is at the heart of the international law of the sea.

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Rights and Obligations of Coastal States Bordering Straits based on international law of the sea and customary international law

The coastal State has a right to adopt laws and regulations relating to transit passage through straits. Under Article 42(1), those laws and regulations involve:
(a) the safety of navigation and the regulation of maritime traffic, as provided in Article 41,
(b) the prevention, reduction and control of pollution, by giving effect to applicable international regulations regarding the discharge of oil, oily wastes and other noxious substances in the strait,
(c) with respect to fishing vessels, the prevention of fishing, including the stowage of fishing gear, and
(d) the loading or unloading of any commodity, currency or person in contravention of the customs, fiscal, immigration or sanitary laws and regulations of States bordering straits. States bordering straits are required to give due publicity to all such laws and regulations in accordance with Article 41(3).
Rights and Obligations of Coastal States Bordering Straits based on international law of the sea and customary international law, Article 43 of the LOSC, coastal State, Coastal States Bordering Straits, environmental protection, Great Belt case between Finland and Denmark, Legality of Creation of Bridges in International Straits, LOSC, MODUs, non-suspendable innocent passage, Torres Strait

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