The question of where international waters begin isn't as simple as drawing a line on a map. It's a complex issue governed by international law, specifically the United Nations Convention on the Law of the Sea (UNCLOS), often referred to as the "Constitution for the Oceans." Understanding this requires looking at several maritime zones that extend outwards from a coastal state's baseline.
What is the Baseline?
Before we discuss international waters, we need to define the baseline. This is the starting point from which all maritime zones are measured. Generally, the baseline follows the low-water line along the coast, as marked on large-scale charts officially recognized by the coastal state. However, there are exceptions, such as for islands with fringing reefs or deeply indented coastlines.
Maritime Zones Leading to International Waters:
Several zones exist between a nation's land and the high seas:
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Internal Waters: These are waters on the landward side of the baseline, such as bays, ports, and rivers. A coastal state has complete sovereignty over these waters.
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Territorial Waters: This zone extends 12 nautical miles (approximately 22 kilometers) seaward from the baseline. The coastal state exercises sovereignty over these waters, including the airspace above and seabed below. However, innocent passage by foreign ships is generally permitted.
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Contiguous Zone: Extending 12 nautical miles beyond the territorial sea (meaning 24 nautical miles from the baseline), the coastal state can exercise control necessary to prevent infringement of its customs, fiscal, immigration, or sanitary laws and regulations within its territory or territorial sea.
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Exclusive Economic Zone (EEZ): This zone extends up to 200 nautical miles (approximately 370 kilometers) from the baseline. Within this zone, the coastal state has sovereign rights over the exploration and use of marine resources, including living resources (fisheries), non-living resources (oil and gas), and the production of energy from water, currents, and winds. Other states still have freedom of navigation and overflight.
So, Where Do International Waters Begin?
International waters, also known as the high seas, begin beyond the EEZ of any coastal state. Therefore, it's not a single point, but rather a space that begins 200 nautical miles from the baseline of any nation's coast that doesn't overlap with another nation's EEZ. In areas where EEZs overlap, the matter is subject to negotiation and agreement between the respective coastal states. Beyond the EEZs, no nation holds sovereignty; these waters are governed by the principles of UNCLOS, which promotes freedom of navigation, overflight, and scientific research.
Frequently Asked Questions (PAA):
What are the rules for international waters?
The high seas are governed by the UNCLOS, which establishes principles of freedom of navigation, overflight, fishing, laying of submarine cables and pipelines, and scientific research. However, this freedom is not absolute and is subject to the obligation to comply with international law, including laws concerning the environment and the prevention of piracy.
Who controls international waters?
No single entity controls international waters. The high seas are considered the "common heritage of mankind," meaning they are not under the sovereignty of any nation. The UNCLOS provides the legal framework for their governance. The International Maritime Organization (IMO) plays a significant role in establishing regulations for shipping and maritime safety in international waters.
Can countries claim international waters?
No, countries cannot claim sovereignty over international waters. This is explicitly prohibited by the UNCLOS, which designates the high seas as open to all states, subject to the provisions of international law. Attempts to unilaterally claim portions of the high seas would be a violation of international law.
What happens if a crime is committed in international waters?
Jurisdiction over crimes committed in international waters is complex and depends on the nature of the crime and the nationality of those involved. Generally, the flag state of a vessel has primary jurisdiction over crimes committed onboard. However, universal jurisdiction can apply to certain crimes, such as piracy, enabling any state to prosecute offenders. International cooperation is often required to investigate and prosecute crimes in international waters.
Understanding the nuances of maritime zones and the legal framework governing the high seas is crucial for navigating the complex relationship between national sovereignty and the shared resources of the oceans. The UNCLOS serves as the foundational document for maintaining order and ensuring sustainable use of this global commons.
