UNCLOS PART#2/5 Continental Shelf, Passage, Innocent passage in a logical sequence to remember!

UNCLOS PART#2 Continental Shelf, Passage, Innocent passage in a logical sequence to remember!

CONTINENTAL SHELF
 The Continental Shelf of a coastal State comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 NM from the baselines from which the breadth of the territorial sea is measured, where the outer edge of the continental margin does not extend up to that distance.
 The Continental margin comprises the submerged prolongation of the land
mass of the coastal State and consists of the seabed and subsoil of the shelf, the slope and the rise. It does not include the deep water floor with its oceanic ridges or the subsoil thereof.
 Continental Shelf may extend well beyond 200 NM from the base line upto a maximum of 350 NM as it depends on the topography and depth of the ocean bed in that area.
 It does not form a territory of the coastal State. It is a resource zone where the coastal State may use it for natural resources like mineral oil.
 The Coastal State can build and maintain / operate artificial islands or oil rigs for exploration of this zone. It will exercise exclusive jurisdiction over customs, financial, health, safety and immigration laws over these artificial islands.
 Safety zones of not more than 500m around the installations will be marked for safety of navigation around these installations.

ARCHIPELAGIC WATERS
 These are waters which have been given special status by UNCLOS due to their natural resources, but this status is only applicable for ‘mid-ocean’
states, having one or more archipelago. E.g. Fiji, Lakshwadeep, etc.
 ‘Archipelagic State’ means a State constituted wholly by one or more archipelagos and may include other islands. ‘Archipelago’ means a group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated they form an intrinsic geographical, economic and political entity.
 They are considered same as the territorial sea of a nation with respect to power of the Coastal State. But the coastal State has additional duties regarding access to fishing grounds and other legal activities, like laying, maintenance of submarine cables.
 To include the natural flora and fauna in these waters, the baseline may be extended thus including the internal waters of the archipelago state.
 Foreign flag vessels have right to innocent passage through archipelagic waters.

FISHERIES ZONES
 The traditional fisheries zone called the ‘Inland fishery zone’ can extend upto 12 NM from the baseline. However, as per UNCLOS, this can extend
upto 200 NM in which a coastal State may exercise exclusive fishing rights (EFZ – Extended Fishing Zone) Vessels entering the Extended Fishing zone must observe local fishing regulations in force.

RIGHT TO INNOCENT PASSAGE:
 Under UNCLOS, ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.
 Passage means navigation through the territorial sea for the purpose of:
a) Traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or
b) Proceeding to or from internal waters or a call at such roadstead or port facility.

Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, required for ordinary navigation or necessary by force majeure (emergency) or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.
 Innocent Passage is the passage that is not prejudicial (harmful) to the peace, good order or security of the coastal State. Such passage shall take place in conformity with the Convention and with other rules of international law. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if, in the
territorial sea, it engages in any of the following activities:
1. any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State.
2. any exercise or practice with weapons of any kind
3. any act aimed at collecting information to the prejudice of the defense or security of the coastal State.
4. any act of propaganda aimed at affecting the defense or security of the coastal State