The law of the sea is a body of customs, treaties, and international agreements by which governments maintain order, productivity, and peaceful relations on the sea.Law of the sea is also known as Maritime law which is that branch of public International Law which regulates the rights and duties concerning the regulation of states with respect to the sea. It governs the legal rules regarding ships and shipping. It is one of the principal subjects of international law and is a mixture of the treaty and established or emerging customary law. The law of the sea forms the basis of conducting maritime economic activities, the codification of navigation rules and to protect oceans from abuse of power. It covers rights, freedoms and obligations in areas such as territorial seas and waters and the high seas, fishing, wrecks and cultural heritage, protection of the marine environment and dispute settlement.

1. U N I T ED N A T IONS C ON V E NTION ON T HE LAW OF T HE S E A
UNCLOS AND INDIA
UNCLOS MARITIME ZONES

2. U NCLOS i s a lso kn ow n a s th e La w of th e
Se a Con v e ntion or th e L a w of th e Se a
Tr e a ty th a t d e f i nes th e r i g h ts a n d
r e sp onsibi lities of n a ti ons tow a r ds th e
use of th e w or ld ’s oce a n s.
Th e U n i te d Na ti on s Con v e ntion on th e L a w
of th e Se a la ys d ow n a com p re hensi ve
r e g i m e of la w a n d or d e r i n th e w or ld ’s
oce a n s a n d se a s e sta bli shing r u le s
g ov e r ning a ll u se s of th e oce a n s a n d th e i r
r e sou r ces.
It e n shri nes th e n oti on th a t a ll p r oble ms
of oce a n sp a ce a r e close ly i n te rrela ted
a n d n e e d to be a d d re ssed a s a w h ole .

3. UNCLOS Background
The third session of the United Nations Conference on the Law of the Sea (UNCLOS
III) which was held between 1973 to 1982 led to the formation of the current
convention named UNCLOS.
The Convention which concluded in the year 1982 replaced the quad -treaty of
1958 also known as Convention on the High Seas.
UNCLOS became effective in the year 1994 and later in the year 2016, UNCLOS
was joined by 167 countries and the European Union.

4. Forma tion of UNCLOS
UNCLOS was formed by replacing the older
concept of the 17th -century known as
‘freedom of the seas’ where the national
rights were only limited to a specified belt
of water that extended usually up to 3
nautical miles (5.6 km) from a nation’s
coastlines.
Therefore, the belts of water that were
beyond the national boundaries were
considered international waters.
Later, during the early 20th century, several
nations addressed their needs for extending
the national claims that included mineral
resources, protection of fish stocks, and
supply of resources to enforce pollution
controls.

5. As a result, in the year 1945, President
Harry S. Truman extended United States
control to all the natural resources of
its continental shelf.
Soon, between 1946 -1950, three more
nations namely Chile, Peru, and Ecuador
also extended their rights to a distance
of 370 km to cover their Humboldt
Current fishing grounds whereas the
other nations extended their territorial
seas to 22 km.
Even as the name of the nautical law
suggests a United Nations’ involvement,
the UN does not have any major
functional role in the working of UNCLOS.

6. Baseline:
It is the low -water line along the coast as officially
recognized by the coastal state.

7. Internal Waters:
Internal waters are waters on the landward side of the baseline from
which the breadth of the territorial sea is measured.
Each coastal state has full power over its internal waters as like its
land territory. Examples of internal waters include bays, ports,
inlets, rivers and even lakes that are connected to the sea.
There is no right of innocent passage through internal waters.
The innocent passage refers to the passing through the waters which
are not prejudicial to peace and security. However, the nations have
the right to suspend the same.

9. Territorial Sea:
The territorial sea extends seaward up to 12 nautical miles (nm)
from its baselines.
A nautical mile is based on the circumference of the earth and is
equal to one minute of latitude. It is slightly more than a land
measured mile (1 nautical mile = 1.1508 land miles or 1.85 km).
The coastal states have sovereignty and jurisdiction over the
territorial sea. These rights extend not only on the surface but also
to the seabed, subsoil, and even airspace.
But the coastal states’ rights are limited by the innocent passage
through the territorial sea.

11. Contiguous Zone:
The contiguous zone extends seaward up to 24 nm from its baselines.
It is an intermediary zone between the territorial sea and the high
seas.
The coastal state has the right to both prevent and punish
infringement of fiscal, immigration, sanitary, and customs laws within
its territory and territorial sea.
Unlike the territorial sea, the contiguous zone only gives jurisdiction
to a state on the ocean’s surface and floor. It does not provide air
and space rights.

13. Exclusive Economic Zone (EEZ):
Each coastal State may claim an EEZ beyond and adjacent to its
territorial sea that extends seaward up to 200 nm from its baselines.
Within its EEZ, a coastal state has:
Sovereign rights for the purpose of exploring, exploiting, conserving
and managing natural resources, whether living or nonliving, of the
seabed and subsoil.
Rights to carry out activities like the production of energy from the
water, currents and wind.
Unlike the territorial sea and the contiguous zone, the EEZ only
allows for the above -mentioned resource rights. It does not give a
coastal state the right to prohibit or limit freedom of navigation or
overflight, subject to very limited exceptions.

15. High Se as:
The ocean surface and the water column beyond the EEZ are referred
to as the high seas.
It is considered as “the common heritage of all mankind” and is
beyond any national jurisdiction.
States can conduct activities in these areas as long as they are for
peaceful purposes, such as transit, marine science, and undersea
exploration.

17. UNCLOS and India
India played a constructive role in
deliberati ons leading to UNCL OS ’s adopti on
in 1982 and has been a party to the
convention since 1995.
India shares maritime boundarie s with the
following countries:
BANGLADE SH, INDONES I A, MYANMAR, SRI
LANKA, THAILAND, MALDIVES AND
PAKISTAN.
India has invested heavily in exploring
non -living resource s in deep international
waters for polymetalli c nodules, cobalt
crust, and hydrothermal sulphides. More
and more hydrocarb on resource s are being
discovere d worldwi de in deeper parts of
the continental shelf.