Territorial Waters
From Halbeeg, the open encyclopedia · Af-Soomaali
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Territorial waters are a zone of sea adjoining the coast of a state, over which the coastal state exercises sovereignty equivalent to that over land. This sovereignty extends to the water, the seabed beneath it, the subsoil below, and the airspace above.
The framework of international law now in use is based on the United Nations Convention on the Law of the Sea (UNCLOS), adopted in 1982 and entered into force in 1994. The convention permits a coastal state to delimit its territorial waters up to 12 nautical miles measured from the baseline.
Measurement
Measurement begins from the baseline. Normally this is the line of lowest water mark on the coast as shown on official charts. Where the coast is highly indented or fringed with islands, straight baselines may be used to connect significant points. Waters landward of the baseline are called internal waters.
Rights and Limitations
The sovereignty of the coastal state is not absolute. It is constrained by the right of innocent passage, which permits ships of other states to pass through territorial waters provided they do not prejudice the peace, good order, or security of the coastal state. Passage must be continuous and expeditious; fishing, scientific research, or military activity are prohibited. The coastal state may establish regulations concerning the security of ships, environmental protection, and customs.
Other Marine Zones
Beyond territorial waters lies a contiguous zone extending up to 24 nautical miles, where the state may enforce customs, immigration, health, and tax laws. Further out is the Exclusive Economic Zone (EEZ) extending to 200 nautical miles, within which the state has rights to resources but does not possess full sovereignty as it does over territorial waters.
Boundary Disputes
Where two adjacent or opposite states lack sufficient space, the boundary is typically determined by bilateral treaty or the median line rule. Such disputes have been brought before international courts, including the International Court of Justice, on several occasions. Somalia and Kenya had a maritime boundary case before that court, decided in 2021.