According to the United Nations Convention on the Law of the Sea, a nation's internal waters include waters on the side of the baseline of a nation's territorial waters that is facing toward the land, except in archipelagic states. [1] It includes waterways such as rivers and canals, and sometimes the water within small bays.
In internal waters, sovereignty of the state is equal to that which it exercises on the mainland. The coastal state is free to make laws relating to its internal waters, regulate any use, and use any resource. In the absence of agreements to the contrary, foreign vessels have no right of passage within internal waters, and this lack of right to innocent passage is the key difference between internal waters and territorial waters. [2] The "archipelagic waters" within the outermost islands of archipelagic states are treated as internal waters with the exception that innocent passage must be allowed, although the archipelagic state may designate certain sea lanes in these waters.
When a foreign vessel is authorized to enter inland waters, it is subject to the laws of the coastal state, with one exception: the crew of the ship is subject to the law of the flag state. This extends to labor conditions as well as to crimes committed on board the ship, even if docked at a port. Offences committed in the harbor and the crimes committed there by the crew of a foreign vessel always fall in the jurisdiction of the coastal state. The coastal state can intervene in ship affairs when the master of the vessel requires intervention of the local authorities, when there is danger to the peace and security of the coastal state, or to enforce customs rules. [1]
The claim by one state of a waterway as internal waters has led to disputes with other states. For example, Canada claims a section of the Northwest Passage as part of its internal waters, fully under Canadian jurisdiction, [3] a claim which has been disputed by the United States and most maritime nations, which consider them to be an international strait, which means that foreign vessels have a right of transit passage. [4] [5] [6] (See Canadian Internal Waters and Northwest Passage § International waters dispute.)
The International Tribunal for the Law of the Sea, which was formed in 1994, has the power to settle maritime disputes between party states, although in practice, these resolutions depend on the willingness of these states to adhere to the rulings.
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. As of May 2023, 168 countries and the European Union are parties.
The terms international waters or transboundary waters apply where any of the following types of bodies of water transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries, rivers, lakes, groundwater systems (aquifers), and wetlands.
Territorial waters are informally an area of water where a sovereign state has jurisdiction, including internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, and potentially the extended continental shelf. In a narrower sense, the term is often used as a synonym for the territorial sea.
Law of the sea is a body of international law governing the rights and duties of states in maritime environments. It concerns matters such as navigational rights, sea mineral claims, and coastal waters jurisdiction.
An exclusive economic zone (EEZ), as prescribed by the 1982 United Nations Convention on the Law of the Sea, is an area of the sea in which a sovereign state has exclusive rights regarding the exploration and use of marine resources, including energy production from water and wind.
Freedom of navigation (FON) is a principle of law of the sea that ships flying the flag of any sovereign state shall not suffer interference from other states, apart from the exceptions provided for in international law. In the realm of international law, it has been defined as “freedom of movement for vessels, freedom to enter ports and to make use of plant and docks, to load and unload goods and to transport goods and passengers". This right is now also codified as Article 87(1)a of the 1982 United Nations Convention on the Law of the Sea.
Innocent passage is a concept in the law of the sea that allows for a vessel to pass through the archipelagic and territorial waters of another state, subject to certain restrictions. The United Nations Convention on the Law of the Sea Article 19 defines innocent passage as:
- Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this 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:
In Canadian law, Canadian Internal Waters are the waters "on the landward side of the baselines of the territorial sea of Canada."
Ambalat is a sea block in the Celebes sea located off the east coast of Borneo. It lies to the east of the Indonesian province of North Kalimantan and to the south-east of the Malaysian state of Sabah, and it is the subject of a territorial dispute between the two nations. Malaysia refers to part of the Ambalat block as Block ND6 (formerly Block Y) and part of East Ambalat Block as Block ND7 (formerly Block Z). The deep sea blocks contain an estimated 62,000,000 barrels (9,900,000 m3) of oil and 348 million cubic meters of natural gas. Other estimates place it substantially higher: 764,000,000 barrels (121,500,000 m3) of oil and 3.96 × 1010 cubic meters (1.4 trillion cubic feet) of gas, in only one of nine points in Ambalat.
The Arctic consists of land, internal waters, territorial seas, exclusive economic zones (EEZs) and international waters above the Arctic Circle. All land, internal waters, territorial seas and EEZs in the Arctic are under the jurisdiction of one of the eight Arctic coastal states: Canada, Denmark, Finland, Iceland, Norway, Russia, Sweden and the United States. International law regulates this area as with other portions of Earth.
Maritime Security Regimes are codes and conventions of behavior agreed upon by coastal states to provide a degree of security within territorial waters and on the high seas.
Transit passage is a concept of the law of the sea, which allows a vessel or aircraft the freedom of navigation or overflight solely for the purpose of continuous and expeditious transit of a strait between one part of the high seas or exclusive economic zone and another. The requirement of continuous and expeditious transit does not preclude passage through the strait for the purpose of entering, leaving or returning from a state bordering the strait, subject to the conditions of entry to that state. The transit passage may be exercised regardless of the nationality (flag) of the ship, its form of ownership, the merchant or government status of a ship or warship, the private or government status of an aircraft.
Arctic cooperation and politics are partially coordinated via the Arctic Council, composed of the eight Arctic states: the United States, Canada, Iceland, Norway, Sweden, Finland, Russia, and Denmark with Greenland and the Faroe Islands. The dominant governmental power in Arctic policy resides within the executive offices, legislative bodies, and implementing agencies of the eight Arctic countries, and to a lesser extent other countries, such as United Kingdom, Germany, European Union and China. NGOs and academia play a large part in Arctic policy. Also important are intergovernmental bodies such as the United Nations and NATO.
The 1985 Polar Sea controversy was a diplomatic event triggered by plans for the navigation of USCGC Polar Sea through the Northwest Passage from Greenland to Alaska without formal authorization from the Canadian government. It was the United States' position that the Northwest Passage was an international strait open to shipping and it sought only to notify Canada rather than ask for permission.
A maritime boundary is a conceptual division of Earth's water surface areas using physiographical or geopolitical criteria. As such, it usually bounds areas of exclusive national rights over mineral and biological resources, encompassing maritime features, limits and zones. Generally, a maritime boundary is delineated at a particular distance from a jurisdiction's coastline. Although in some countries the term maritime boundary represents borders of a maritime nation that are recognized by the United Nations Convention on the Law of the Sea, maritime borders usually serve to identify the edge of international waters.
An archipelagic state is an island country that consists of an archipelago. The designation is legally defined by the United Nations Convention on the Law of the Sea (UNCLOS). In various conferences, the Bahamas, Fiji, Indonesia, Papua New Guinea, and the Philippines are the five original sovereign states that obtained approval in the UNCLOS signed in Montego Bay, Jamaica on 10 December 1982 and qualified as the archipelagic states.
The Black Sea bumping incident of 12 February 1988 occurred when American cruiser USS Yorktown tried to exercise the right of innocent passage through Soviet territorial waters in the Black Sea during the Cold War. The cruiser was bumped by the Soviet frigate Bezzavetny with the intention of pushing Yorktown into international waters. This incident also involved the destroyer USS Caron, sailing in company with USS Yorktown and claiming the right of innocent passage, which was intentionally shouldered by a Soviet Mirka-class frigate SKR-6. Yorktown reported minor damage to its hull, with no holing or risk of flooding. Caron was undamaged.
On March 13, 1986, the American cruiser USS Yorktown and the destroyer USS Caron tried to exercise the right of innocent passage under international law through Soviet territorial waters in the Black Sea near the southern Crimean Peninsula. They were confronted by Soviet frigate Ladny and border guard vessels Dozorny and Izmail.
Israeli passage through the Suez Canal and Straits of Tiran was restricted by Egypt, in cooperation with Saudi Arabia, for much of the time between the 1948 Arab-Israeli War and the 1967 Six-Day War. Since the Egypt–Israel peace treaty of 1979, Israel has enjoyed freedom of navigation through the Suez Canal and the Straits of Tiran.
A coastal state is a term found in the law of the sea. Although widely used in the legal documents, including the UN Convention on the Law of the Sea (UNCLOS), this term lacks a precise definition. The "essential idea" of a coastal state is having an open sea coast and asserting the sovereignty or jurisdiction in the areas of the sea adjacent to this coast. Norway, Canada, and Chile are examples of the coastal states, Churchill counts up a total of 150 of such states.