International Law of the Sea

 

The seas and oceans cover two-thirds of the world’s surface.  Since the dawn of humanity, they have provided a means to travel from one part of the world to another for the purposes of trade, exploration, and to wage war. They have also provided a major source of food and, in more recent times, mineral resources.  They contain many wonders (one just needs to think of the Great Barrier Reef, Arctic and Antarctic ice packs, whales and dolphins, ocean trenches miles deep, and the wreck of the Titanic).  Remarkable advances in deepwater technology over recent years give rise to unprecedented opportunities for exploring these wonders and exploiting oceanic resources.

While States have traditionally been able to claim sovereignty over a narrow strip of sea close to their coasts, the question of who has what rights beyond that narrow strip has been politically contentious for many decades.  Traditionally, there has been a conflict between States possessing substantial naval and merchant fleets and States without such fleets but with extensive coastlines. 

‘Coastal States’ have been keen to extend their sovereign rights and jurisdiction as far out to sea as possible and ‘maritime States’ have been equally keen to preserve their freedom to navigate the world’s oceans without interference.  A pact was eventually reached between the two sides in 1982, when the United Nations adopted the Law of the Sea Convention.  The Convention is the longest and most complex treaty in the history of international law.

Now, more than a quarter of a century after the adoption of the 1982 Convention, questions relating to the use of the oceans have a higher profile than ever and have the potential to cause major political conflict.  To even begin to understand these questions, and find ways to address them, one needs to have a sound grasp of the legal framework. 

This module is designed to provide an introduction to the basic legal framework governing each of the recognised maritime zones. It also provides an opportunity to consider some topical issues.