Here is a compilation of top thirty-five questions on laws of the sea in relation to global trade with their relevant answers.
Q. 1. What is enclosed or semi-enclosed Seas?
Ans. “Enclosed or semi-enclosed sea” means a gulf, basin or sea surrounded by two or more nations and connected to another sea or the ocean by a narrow outlet or consisting entirely or primarily of the territorial sea and exclusive economic zones of two or more coastal nations.
Q. 2. What is Territorial Sea?
Ans. It is a sea belt covering land territory and internal waters of a costal nation
Q. 3. What do you understand by The Term “Internal Waters”?
Ans. Waters on the landward side of the baseline of the territorial sea form part of the internal waters of the State
Q. 4. What are the Sovereign Rights of the Nation over the Territorial Sea?
Ans. The sovereignty of a coastal State extends, up to the territorial waters. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil. Every nation has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines.
The outer limit of the territorial sea is the line every point of which is at a distance from the nearest point of the baseline equal to the breadth of the territorial sea.
The normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal nation.
In the case of islands situated on atolls or of islands having fringing reefs, the baseline for measuring the breadth of the territorial sea is the seaward low- water line of the reef, In localities where the coastline is deeply indented and cut into, or if there is a fringe of islands along the coast in its immediate vicinity, the method of straight baselines joining appropriate points may be employed in drawing the baseline from which the breadth of the territorial sea is measured.
Where because of the presence of a delta and other natural conditions the coastline is highly unstable, the appropriate points may be selected along the furthest seaward extent of the low- water line and, notwithstanding subsequent regression of the low-water line, the straight baselines shall remain effective until changed by the coastal nation.
The drawing of straight baselines must not depart to any appreciable extent from the general direction of the coast, and the sea areas lying within the lines must be sufficiently closely linked to the land domain to be subject to the regime of internal waters.
Straight baselines shall not be drawn to and from low-tide elevations, unless lighthouses or similar installations which are permanently above sea level have been built on them or except in instances where the drawing of baselines to and from such elevations has received general international recognition.
Where the method of straight baselines is applicable account may be taken, in determining particular baselines, of economic interests peculiar to the region concerned, the reality and the importance of which are clearly evidenced by long usage. The system of straight baselines may not be applied by a nation in such a manner as to cut off the territorial sea of another State from the high seas or an exclusive economic zone.
Q. 5. What is Exclusive Economic Zone?
Ans. The exclusive economic zone is an area beyond and adjacent to the territorial sea. Breadth of the exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.
Q. 6. What are the Rights of the Castle States in the Exclusive Economic Zone?
Ans. In the exclusive economic zone, the coastal State has sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the sea-bed and of the sea-bed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds; the establishment and use of artificial islands, installations and structures; marine scientific research; the protection and preservation of the marine environment; the coastal State shall have due regard to the rights and duties of other States.
In the exclusive economic zone, the coastal State shall have the exclusive right to construct and to authorize and regulate the construction, operation and use of:
(a) Artificial islands.
(b) Other installations and structures.
The coastal State shall have exclusive jurisdiction over such artificial islands, installations and structures, including jurisdiction with regard to customs, fiscal, health, safety and immigration laws and regulations. Due notice must be given of the construction of such artificial islands, installations or structures, and permanent means forgiving warning of their presence must be maintained.
Any installations or structures which are abandoned or disused shall be removed to ensure safety of navigation, taking into account any generally accepted international standards established in this regard by the competent international organization. Such removal shall also have due regard to fishing, the protection of the marine environment and the rights and duties of other States.
Appropriate publicity shall be given to the depth, position and dimensions of any installations or structures not entirely removed. The coastal State may, where necessary, establish reasonable safety zones around such artificial islands, installations and structures in which it may take appropriate measures to ensure the safety both of navigation and of the artificial islands, installations and structures.
The breadth of the safety zones shall be determined by the coastal State, taking into account applicable international standards. Such zones shall be designed to ensure that they are reasonably related to the nature and function of the artificial islands, installations or structures, and shall not exceed a distance of 500 metres around them, measured from each point of their outer edge, except as authorized by generally accepted international standards or as recommended by the competent international organization.
Due notice shall be given of the extent of safety zones. All ships must respect these safety zones and shall comply with generally accepted international standards regarding navigation in the vicinity of artificial islands, installations, structures and safety zones.
Artificial islands, installations and structures and the safety zones around them may not be established where interference may be caused to the use of recognized sea lanes essential to international navigation.
Artificial islands, installations and structures do not possess the status of islands. They have no territorial sea of their own, and their presence does not affect the delimitation of the territorial sea, the exclusive economic zone or the continental shelf.
Q. 7. What is Continental Shelf and what is the Extent of it?
Ans. The continental shelf of a coastal nation comprises of the sea-bed 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, (continental margin comprises the submerged prolongation of the land mass of the coastal State, and consists of the sea-bed and subsoil of the shelf the slope and the rise.
It does not include the deep ocean floor with its oceanic ridges or the subsoil thereof) or to a distance of 200 nautical miles 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 coastal State shall establish the outer edge of the continental margin wherever the margin extends beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, by either a line delineated by reference to the outermost fixed points at each of which the thickness of sedimentary rocks is at least 1 per cent of the shortest distance from such point to the foot of the continental slope; or a line delineated by reference to fixed points not more than 60 nautical miles from the foot of the continental slope.
In the absence of evidence to the contrary, the foot of the continental slope shall be determined as the point of maximum change in the gradient at its base.
The fixed points comprising the line of the outer limits of the continental shelf on the sea-bed either shall not exceed 350 nautical miles from the baselines from which the breadth of the territorial sea is measured or shall not exceed 100 nautical miles from the 2,500 metre isobath, which is a line connecting the depth of 2,500 metres.
The outer limit of the continental shelf shall not exceed 350 nautical miles from the baselines from which the breadth of the territorial sea is measured.
The coastal State shall delineate the outer limits of its continental shelf, where that shelf extends beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, by straight lines not exceeding 60 nautical miles in length, connecting fixed points, defined by co-ordinates of latitude and longitude.
Q. 8. What do you understand by the Term “High Seas”?
Ans. All parts of the sea that is not included in the exclusive economic zone, in the territorial sea or in the internal waters of a Nation, or in the archipelagic waters of an archipelagic Nation. The high seas are open to all Nation, whether coastal or land-locked.
It entitles freedom of navigation; freedom of over flight; freedom to lay submarine cables and pipelines, freedom to construct artificial islands and other installations permitted under international law, freedom of fishing, freedom of scientific research, and the high seas are reserved for peaceful purposes. And no country can claim any part of the high seas to its sovereignty.
Q. 9. What do you understand by the Nationality of the Ships and Sailing Conditions in High Seas?
Ans. Ships have the nationality of the nation whose flag they are entitled to fly and there is documented and legal link between the country and the ship to which it has granted the right to fly its flag.
All nations whether coastal or land-locked, have the right to sail ships flying its flag on the high seas. There are specific conditions for the registration of ships in its territory under which a nation grants its nationality to the ship.
It is not possible that a ship on the high seas carries flags of two nationalities or changes its flags during a voyage or while in a port of calling. However if the ownership of the ship changes or any change in its registry, on high seas or during berthing period, than it will carry the flag of the new owner’s country.
A ship which sails under the flags of two or more States, using them according to convenience, may not claim any of the nationalities and such ships are without any nationality.
Q. 10. What are the Duties of the Nations towards the Ships that Carry its National Hag?
Ans. Every nation shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag. It has to maintain a register of ships containing the names and particulars of ships except those which are excluded from generally accepted international regulations on account of their small size.
The nation also has to assume jurisdiction under its internal law over each ship flying its flag and its master, officers and crew in respect of administrative, technical and social matters.
It has to ensure safety at sea with regard, the construction, equipment and seaworthiness of ships; the manning of ships, labour conditions and the training of crews, taking into account the applicable international instruments; the use of signals, the maintenance of communications and the prevention of collisions.
It is also the responsibility of the nation to ensure that each ship, before registration and thereafter at appropriate intervals, is surveyed by a qualified surveyor of ships, and has on board such charts, nautical publications and navigational equipment and instruments as are appropriate for the safe navigation of the ship.
The appointment of the master and the crew is also important and is the responsibility of the nation to make sure that each ship is in the charge of a master and officers who possess appropriate qualifications, in particular in seamanship, navigation, communications and marine engineering, and that the crew is appropriate in qualification and numbers for the type, size, machinery and equipment of the ship, the master, officers and the crew are fully conversant with and required to observe the applicable international regulations concerning the safety of life at sea, the prevention of collisions, the prevention, reduction and control of marine pollution, and the maintenance of communications by radio.
The ship has to conform to generally accepted international regulations, procedures and practices and the nation has to take any required steps that may be necessary to secure their observance. However if the nation has clear grounds to believe that proper jurisdiction and control with respect to a ship have not been exercised may report the facts to the concerned nation.
Upon receiving such a report, the concerned national authority shall investigate the matter and, if appropriate, take any action necessary to remedy the situation. In such an event the nation shall cause an inquiry to be held by or before a suitably qualified person or persons into every marine casualty or incident of navigation on the high seas involving a ship flying its flag and causing loss of life or serious injury to nationals of another nationality or serious damage to ships or installations of another country or to the marine environment.
Q. 11. Which Laws Governs the Warships?
Ans. Warships on the high seas have complete immunity from the jurisdiction of any State other than the flag NATION.
Q. 12. What are the Legal Implications in the Event of High Seas Collisions or other Accidents?
Ans. The judiciary of the flag nation or that of the master/crew is applicable. In disciplinary matters, the State which has issued a master’s certificate or a certificate of competence or license shall alone be competent, after due legal process, to pronounce the withdrawal of such certificates, even if the holder is not a national of the State which issued them.
No arrest or detention of the ship, even as a measure of investigation, shall be ordered by any authorities other than those of the flag nation.
Q. 13. What is High Sea Piracy?
Ans. It means any illegal detention, unloading by force by unauthorized persons. This also includes any act of voluntary participation in the operation of a ship with knowledge of facts making it a pirate ship.
Piracy on high seas also includes any act of inciting and/or of intentionally facilitating an act leading to violence or detention, or any act of depredation by the crew or the passengers of a private ship and directed on the high seas, against another ship or against persons or property on board such ship.
Q. 14. When a Ship is considered to be a Pirate Ship?
Ans. A ship is considered a pirate ship if it is intended by the persons in dominant control to be used for the purpose of committing acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship and directed on the high seas, against another ship or against persons or property on board such ship.
Q. 15. Does The Pirate Ship Retain its Nationality?
Ans. A ship may retain its nationality although it has become a pirate ship because the retention or loss of nationality is determined by the law of the nation from which such nationality was derived. All nations have the powers to seize a pirate ship taken by piracy and under the control of pirates, and arrest the persons and seize the property on board.
The courts of the related nation which carried out the 304 viii International Business and Contract Management
seizure may decide upon the penalties to be imposed, and may also determine the action to be taken with regard to the ships or property, subject to the rights of third parties acting in good faith. However for seizure without adequate grounds or on suspicion of piracy, the seizure shall be the liability of the nation for any loss or damage caused by the seizure.
The acts of piracy committed by a warship, government ship or government aircraft whose crew has mutinied and taken control of the ship or aircraft are assimilated to acts committed by a private ship.
Q. 16. Who is Authorized to Cease the Ship?
Ans. A seizure on account of piracy may be carried out only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect.
Q. 17. Can A Ship on High Seas Engage in Unauthorised Commercial Broadcast by Radio or Other Means?
Ans. A ship cannot engage in any such activities. The “unauthorized broadcasting” means the transmission of sound radio or television broadcasts from a ship or installation on the high seas intended for reception by the general public contrary to international regulations but except for the distress calls.
Q. 18. What do you understand by “Pollution of the Marine Environment?”
Ans. It means the introduction by men directly or indirectly of substances or energy into the marine environment, including estuaries, which results in such deleterious effects as harm to living resources and marine life, hazards to human life and health, hindrance to marine activities, including fishing and other legitimate uses of the sea, impairment of quality for use of the sea water and reduction of amenities.
Q. 19. What is “Dumping” into the Sea?
Ans. It means any deliberate disposal of the wastes or other matters from vessels or other man-made structures into the sea, this means such wastes were deliberately carried by the vessel for disposal. However if the wastes are a part of the natural operations of the sea than in such cases the wastes disposal cannot be considered as dumping in to the sea.
The deliberate terms also includes the intentional placing of wastes carried by the vessel on to a structure, man-made or natural, in the sea for ultimate merging with the sea.
Q. 20. What is a Land Locked Nation?
Ans. “Land-locked State” means a State which has no sea-coast;
Q. 21. What do you understand by the Term “Means of Transport”?
Ans. It means the railway rolling stock, sea, lake and river craft and road vehicles. Depending upon the local conditions it may include porters and pack animals. In the case of the Land-locked and transit countries the means of transport may also include, besides above, pipelines and gas lines.
Q. 22. What do you understand by the Term “Traffic in Transit”?
Ans. “Traffic in transit” means transit of persons, baggage, goods and means of transport across the territory of one or more transit States, when the passage across such territory, with or without transshipment, warehousing, breaking bulk or change in the mode of transport, is only a portion of a complete journey which begins or terminates within the territory of the land-locked State;
Q. 23. What is A Transit Nation?
Ans. “Transit Nations” means a nation, with or without a sea-coast, situated between a land-locked nation and the sea, through whose territory traffic in transit passes;
Q. 24. What are the Right of Access of Land-Locked States to and From the Sea and Freedom of Transit?
Ans. Land-locked nations have the right of access to and from the sea for the purpose of international trade. These rights relate to the freedom of the high seas.
The locked nations also enjoy freedom of transit through the territory of “Transit Nations” by all means of transport but the terms and conditions for exercising freedom of transit are to be agreed upon between the Land-Locked Nations and the Transit Nations through bilateral, sub regional or regional agreements.
The Transit States retain their full sovereignty over their territory and can take all measures necessary to ensure that the rights and facilities provided to the land-locked nations do not infringe their legitimate interests. These rights and facilities are excluded as far as possible from the application of the Most-Favoured-Nation treatment to each other.
Traffic in transit is also not subjected to any customs duties, taxes or other charges except charges levied for specific services rendered in connection with such traffic. Means of transport in transit and other facilities provided for and used by land-locked States are not subjected to taxes or charges higher than those levied for the use of means of transport of the transit nation.
Free zones or other customs facilities may be provided at the ports of entry and exit in the Transit Nation by specific agreement between those nations
Where there are no means of transport in transit nations to give effect to the freedom of transit or where the existing means, including the port installations and equipment, are inadequate in any respect, the transit nations and land-locked nations can co-operate in constructing or improving them.
Transit nations can take all appropriate measures to avoid delays or other difficulties of a technical nature in traffic in transit. However if such delays or difficulties occur, the competent authorities of the transit nations and land-locked nations have to co-operate towards their expeditious elimination.
Ships flying the flag of land-locked nations can enjoy treatment equal to that accorded to other foreign ships in maritime ports.
Q. 25. What is “Roadstead”?
Ans. Roadsteads are man-made structures normally used for the loading, unloading and anchoring of ships. These could be situated wholly or partly outside the outer limit of the territorial sea
Q. 26. What is “Innocent Passage”?
Ans. Innocent Passage means
a. Navigation through the territorial sea for the purpose of traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters;
b. Proceeding to or from internal waters or a call at such roadstead or port facility.
c. Above passage has to be continuous and expeditious.
d. Passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by force majeure (distress, rendering assistance to persons, ships or aircraft in danger or distress).
e. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal nation.
f. It take place in conformity with other rules of international law.
Q. 27. When is the Passage of a Ship not Innocent?
Ans. When it is prejudicial to the peace and security of the coastal nation, that is it causes any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal nation, also;
a. Any exercise or practice with weapons of any kind;
b. Any act aimed at collecting information/intelligence and/or transmitting information thereby jeopardizing the defense and/or security of the coastal nation;
c. Any act of propaganda against the interests of the coastal nation;
d. Launching, landing or taking on board of any aircraft and/or taking on board of any military device;
e. Loading or unloading of any commodity, currency or person contrary to the laws of the costal nation.
f. Any act of causing pollution contrary to the international practices and the laws of the coastal nation;
g. Any acts of fishing activities;
h. Any acts of research or survey activities (without the prior approval of the coastal nation);
i. Any interfering with internal and/or external communication of the coastal nation;
Q. 28. What are the Provisions for the Under-Water Vehicles?
Ans. The most important underwater vehicle is a submarine. Such vehicles are required to navigate on the surface and to show their flag while traversing the territorial waters of the coastal nation.
Q. 29. What are the Obligations of the Costal Nations Towards Innocent Passage through their Sea Corridor?
Ans. The coastal nations have to provide;
(a) The safety of navigation and the regulation of maritime traffic;
(b) The protection of navigational aids and facilities and other facilities or installations;
(c) The protection of cables and pipelines;
(d) The conservation of the living resources of the sea;
(e) Prevention, reduction and control of pollution
(f) The coastal State shall give due publicity to all such laws and regulations relating to customs, fiscal, immigration or sanitary
(g) The coastal State may, where necessary having regard to the safety of navigation, require
foreign ships to use such sea lanes and traffic separation schemes as it may designate or prescribe for the regulation of the passage of ships.
Q. 30. Can Foreign Vessels Carry on Board Nuclear or other Inherently Dangerous or Noxious Substances while exercising the Right to Innocent Passage?
Ans. Foreign ships carrying nuclear or other inherently dangerous or noxious substances shall carry documents and observe special precautionary measures established for such ships by international agreements.
Q. 31. Can Nuclear Powered Foreign Ships ask for Innocent Passage?
Ans. Yes they can, the conditions are same as applicable to ships carrying nuclear or other inherently dangerous or noxious substances (i.e. carry documents and observe special precautionary measures established for such ships by international agreements.)
Q. 32. What are the Duties/Responsibilities of the Coastal Nations for the International Marine Traffic through their Territorial Waters?
Ans. Following are the duties and responsibilities of the coastal nations;
a. The coastal State shall not hamper the innocent passage of foreign ships.
b. The coastal State shall not: impose requirements on foreign ships which have the practical effect of denying or impairing the right of innocent passage;
c. The coastal nations shall not discriminate against the ships of any State or against ships carrying cargoes to, from or on behalf of any State.
d. The coastal State shall give appropriate publicity to any danger to navigation, of which it has knowledge, within its territorial sea.
Q. 33. What are the Rights of Protection of the Coastal Nations?
Ans. The rights of protection of the coastal nations are;
a. Take the necessary steps in its territorial sea to prevent passage which is not innocent.
b. The right to take necessary preventive action to prevent any breach of the conditions to which admission of foreign ships to its internal waters was allowed.
c. Impose temporary suspension (without any discrimination) in a specified area of its territorial sea the innocent passage of foreign ships if such suspension is essential for the protection of its security, including weapons exercises.
d. Levy charges for granting right to innocent passage without any discrimination for specific services rendered to the foreign vessels.
Q. 34. Can the Coastal Nations Exercise any Jurisdiction for Criminal Acts Committed on Board Foreign Vessels While in Transit through its Territorial Water?
Ans. No. they cannot exercise this right, but subject to following situations they can exercise their right for legal intervention/arrest on board;
a. If the consequences of the crime committed on board extend to the coastal nation;
b. If the crime is expected to create disturbance and peace of the coastal nation.
c. If specific request has been made, by the master of the ship or by a diplomatic agent or consular officer of the flag State, to the coastal nation.
d. if such measures are necessary for the suppression of illicit traffic in narcotic drugs
Q. 35. Can the Coastal Nations Exercise any Jurisdiction for Criminal Acts Committed on Board Foreign Vessels Before it Entered its Territorial Waters?
Ans. The coastal nation may not take any steps on board a foreign ship passing through the territorial sea (without entering the internal waters) to arrest any person or to conduct any investigation in connection with any crime committed before the ship entered the territorial sea.