Test: Law of the Sea - CLAT PG MCQ

The principle of Innocent Passage allows foreign ships to pass through a coastal state's territorial sea as long as their passage is not prejudicial to the peace, good order, or security of the state. This principle is crucial as it balances the rights of coastal states with the rights of other nations to navigate freely, fostering international maritime cooperation. An interesting fact is that the concept of innocent passage was codified in the United Nations Convention on the Law of the Sea (UNCLOS) to ensure harmonious maritime relations.

The Exclusive Economic Zone (EEZ) extends up to 200 nautical miles from a coastal state's baseline. Within this zone, the coastal state has sovereign rights to explore and exploit natural resources, including fish and oil, while other states retain certain freedoms, such as navigation and laying cables. An additional fact is that the EEZ concept was established to promote sustainable management of ocean resources and reduce conflicts over maritime boundaries.

Under Part XII of UNCLOS, states are obligated to take necessary measures to prevent marine pollution and protect marine ecosystems. This responsibility is vital for preserving the health of the oceans and ensuring sustainable use of marine resources. A noteworthy aspect of this provision is its focus on both national and international efforts to combat marine pollution, reflecting a global commitment to environmental protection.

The International Tribunal for the Law of the Sea (ITLOS) provides a binding mechanism for resolving maritime disputes, including issues related to boundary delimitation and fishing rights. This tribunal is essential for maintaining peace and order on the seas, ensuring that disputes are settled according to international law rather than through unilateral actions. An interesting fact is that ITLOS is located in Hamburg, Germany, and has the authority to issue provisional measures to prevent harm during ongoing disputes.

The South China Sea Arbitration case is significant because it ruled that China's extensive claims based on the nine-dash line have no legal basis under UNCLOS. The case clarified the rights of states in their Exclusive Economic Zones (EEZ) and highlighted the importance of adhering to international law in maritime disputes. This ruling is a landmark in reinforcing the rule of law in international waters and has implications for regional stability and fisheries management.

Internal waters are defined as those waters landward of the baseline, where the coastal state exercises full sovereignty, similar to its land territory. This means that foreign ships require permission to enter these waters. An interesting fact is that internal waters can include bays and rivers, and the rights of the state over these waters are much stronger compared to the rights over territorial seas, which allow for innocent passage.

UNCLOS provides a comprehensive framework for various maritime issues, including territorial seas, navigation, marine resource management, and environmental protection. This comprehensive nature allows it to address multiple facets of maritime law, facilitating cooperation among states. A key aspect is that UNCLOS is often referred to as the "constitution of the oceans," encapsulating the rights and responsibilities of states regarding the seas.

Article 87 of UNCLOS specifically addresses the freedoms of the high seas, which include navigation, fishing, conducting research, and laying cables. These freedoms are essential for international trade and cooperation, emphasizing that no state can claim sovereignty over the high seas. An additional fact is that the high seas constitute about 64% of the world's oceans, making the principles established in Article 87 vital for sustaining global maritime activities.

The term "Common Heritage of Mankind" refers to the deep seabed beyond national jurisdiction, which is designated for the benefit of all humanity. This principle ensures that the resources found in these areas are managed by the International Seabed Authority (ISA) and that the benefits derived from them are shared equitably. An interesting aspect of this principle is its foundation in promoting international cooperation and sustainable development in marine resource management.

The Commission on the Limits of the Continental Shelf (CLCS) is tasked with reviewing claims made by coastal states for extending their continental shelves beyond the standard 200 nautical miles limit, based on scientific and technical criteria. This review process is crucial for determining rights over seabed resources and helps to prevent conflicts over maritime boundaries. An additional fact is that the CLCS operates under the principles established in UNCLOS, ensuring that states’ claims are based on objective data and scientific evidence.