MARITIME ZONES AND LEGAL FRAMEWORK_SCOPE AND CASE STUDIES - Ivanna Castro

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MARITIME ZONES AND LEGAL FRAMEWORK: SCOPE AND CASE STUDIES
I. Introduction
Maritime zones are crucial components of international law that define the rights and responsibilities of coastal states and other states and international organizations in relation to the oceans. These zones extend from a country's coastline and are subject to varying degrees of jurisdiction and control. Understanding the legal framework and implications of maritime zones is essential for anyone interested in international law, environmental law, or ocean policy. In this presentation, we will provide an overview of the Definition and Scope of Maritime Zones under the Law of the Sea. We will cover the different types of maritime zones recognized under UNCLOS, their jurisdiction and control, and their importance in international law and real-life scenarios. So, let's dive in!
II. Brief framework on the Maritime Zones and its legal framework
Maritime zones are areas of water and seabed extending from a country's coastline that are subject to varying degrees of jurisdiction and control. The United Nations Convention on the Law of the Sea (UNCLOS) is the primary international legal framework that governs the use and management of oceans and their resources. UNCLOS recognizes several types of maritime zones, which are:
A. Internal Waters: These are the waters on the landward side of the baseline of a coastal state and are considered part of the state's territory. Coastal states have full sovereignty and jurisdiction over their internal waters.
B. Territorial Sea: This is the belt of water extending 12 nautical miles (22.2 kilometers) from a coastal state's baseline. The coastal state has sovereignty over its territorial sea and may regulate and control activities within it, subject to certain exceptions under international law.
C. Contiguous Zone: This is the area beyond the territorial sea, extending up to 24 nautical miles (44.4 kilometers) from the baseline. In the contiguous zone, the coastal state may exercise limited control to prevent infringement of its customs, fiscal, immigration, or sanitary laws and regulations.
D. Exclusive Economic Zone (EEZ): This is the area extending 200 nautical miles (370.4 kilometers) from a coastal state's baseline. In the EEZ, the coastal state has special rights to explore, exploit, and manage the natural resources, both living and non-living, of the waters, seabed, and subsoil.
E. Continental Shelf: This is the seabed and subsoil of the submarine areas adjacent to the coastal state's land territory, extending beyond its territorial sea to the outer edge of the continental margin. Coastal states have sovereign rights to explore, exploit, and manage the natural resources of their continental shelf.
These maritime zones provide a framework for coastal states to exercise jurisdiction and control over the waters and resources adjacent to their territory. Each type of maritime zone has its own jurisdictional rules and regulatory regimes, which are critical in defining the legal rights and obligations of coastal states and other states and international organizations in relation to the oceans. Understanding the definition and scope of maritime zones is, therefore, essential for anyone interested in ocean governance and policy.
The Mexican Constitution recognizes the nation's sovereign power over its territorial sea in Article 42, which states that "The national territory comprises: I. The land surface, the subsoil, the territorial sea, the airspace, and the continental shelf." Article 73, section XVI, grants Congress the power to enact laws related to the regulation, use, and exploitation of natural resources in the territorial sea, the continental shelf, and the exclusive economic zone.
The main law related to maritime zones in Mexico is the Maritime Zones Law, which was enacted in 1972 and updated in 2012. The law recognizes the different maritime zones and their respective limits, as well as the rights and responsibilities of the state and other actors in each zone. The specific articles related to each zone are:
· Territorial sea: Article 2
· Contiguous zone: Article 3
· Exclusive economic zone: Article 4
· Continental shelf: Article 5
Mexico has also enacted several regulations related to maritime zones, including:
· Regulation of Maritime Traffic in Mexican Waters
· Regulation of Fishing in Mexican Waters
· Regulation of Environmental Protection in Mexican Waters
These regulations establish specific rules and requirements related to activities in Mexican waters, such as fishing quotas, vessel registration, and environmental impact assessments.
III. Broader definition, implications for vessels, and examples
a. Internal Waters and Territorial Sea
Broader definition
· Internal Waters: The term "internal waters" refers to the waters on the landward side of the baseline from which the breadth of the territorial sea is measured. These waters are considered an integral part of the state's territory and are subject to its full sovereignty. Foreign vessels have no right of passage or overflight in internal waters without the permission of the coastal state.
· Territorial Sea: The territorial sea extends beyond the baseline up to 12 nautical miles from the coast. Within the territorial sea, the coastal state has the exclusive right to regulate and exploit the natural resources, including fishery, oil and gas reserves, and minerals. Foreign vessels have the right of innocent passage through the territorial sea, meaning they can navigate through it in a continuous and expeditious manner without engaging in any prohibited activities. The coastal state has the right to take necessary measures to ensure the safety of navigation and to protect its security interests.
Implications for vessels within these zones
· Vessels within internal waters are subject to the full jurisdiction of the coastal state. This means that the state can regulate and enforce laws related to navigation, safety, pollution prevention, and security within its internal waters.
· Vessels passing through the territorial sea have the right of innocent passage, but must comply with the laws and regulations of the coastal state, including navigation, safety, and environmental regulations. Failure to comply with these laws can result in penalties or fines. Additionally, the coastal state has the right to take necessary measures to protect its security interests, such as conducting surveillance or intercepting vessels engaged in illegal activities.
Example
In 2013, 28 Greenpeace activists and two freelance journalists were arrested by Russian authorities after attempting to board a Russian oil rig in the Arctic Sea. The activists were protesting against oil drilling in Russia's Arctic territorial waters, which they claimed could have devastating environmental impacts on the fragile Arctic ecosystem.
The Greenpeace vessel, the Arctic Sunrise, entered Russia's exclusive economic zone (EEZ) without permission and approached the oil rig, which was operating in the Russian Arctic territorial waters. The Russian coast guard intervened and arrested the activists, who were taken to the Russian port of Murmansk and charged with piracy and hooliganism.
The case attracted international attention and condemnation, with many governments and organizations calling for the release of the activists. After a long legal process, the charges of piracy were eventually dropped, but some of the activists still faced charges of hooliganism. In the end, all of the activists were granted amnesty and released from detention.
The case illustrates the complex legal issues surrounding the jurisdiction and regulation of maritime activities in territorial waters and exclusive economic zones. It also highlights the competing interests and perspectives of different actors involved in the use and protection of marine resources and environments.
b. Contiguous Zone and Exclusive Economic Zone
Broader definition
· Contiguous zone: The contiguous zone is a maritime zone extendingup to 24 nautical miles (approximately 44.4 kilometers) from the baselines of a coastal state (Art. 33 of UNCLOS, Article 3 of the Federal Law of the Sea – “Ley Federal del Mar”). Within this zone, the coastal state may exercise limited control to prevent infringement of its customs, fiscal, immigration, or sanitary laws and regulations.
· Exclusive economic zone (EEZ): The EEZ is a maritime zone extending up to 200 nautical miles (approximately 370.4 kilometers) from the baselines of a coastal state. Within this zone, the coastal state has special rights to explore, exploit, conserve, and manage the natural resources, both living and non-living, of the waters and seabed. These resources include fish stocks, oil and gas reserves, and minerals. However, the coastal state does not have sovereignty over the waters or the airspace above it (Article 55 of UNCLOS, and Article 42 of the Mexican Federal Law of the Sea)
Implications for vessels within these zones
The legal authority of the coastal state to regulate and control activities within these zones is based on the United Nations Convention on the Law of the Sea (UNCLOS) and other relevant international laws and agreements. UNCLOS grants coastal states certain rights and responsibilities in their contiguous zones and EEZs, including:
· The right to regulate and control the exploration, exploitation, conservation, and management of natural resources within their EEZs (UNCLOS Article 56 and Mexican General Law of Sustainable Fisheries and Aquaculture).
· The obligation to ensure that activities carried out in their EEZs do not cause harm to the marine environment (UNCLOS Article 194 and Mexican law includes the General Law of Ecological Equilibrium and Protection of the Environment)
· The right to establish and enforce laws and regulations related to customs, fiscal, immigration, or sanitary matters within their contiguous zones (UNCLOS Article 33 and Under Mexican law, the Customs Law, the Fiscal Code of the Federation, the Federal Law on Immigration, and the General Law of Health)
· The right to take necessary measures to prevent and punish infringement of their laws and regulations within their contiguous zones and EEZ UNCLOS Article 73 and Mexican Federal Penal Code)
· The obligation to respect the rights and freedoms of other states and their vessels in accordance with international law (UNCLOS Article. Mexican law includes the Navigation and Maritime Commerce Law, which establishes the rights and obligations of foreign vessels navigating in Mexican waters and the obligations of Mexican authorities with respect to such vessels)
Example
In recent years, Australia has been using drones to monitor and track fishing activity in its exclusive economic zone (EEZ) in the Southern Ocean. The Southern Ocean is known for its rich biodiversity and is an important fishing ground for many countries. However, illegal, unreported, and unregulated fishing (IUU) is a major problem in the region and can have negative impacts on both the marine environment and the sustainability of fish stocks.
To combat IUU fishing, Australia has been using unmanned aerial vehicles (UAVs), also known as drones, to patrol its EEZ and monitor fishing activity. The drones are equipped with high-resolution cameras and can operate in remote and difficult-to-reach areas, allowing them to detect and track fishing vessels that may be operating illegally.
Australia's use of drones in its EEZ is supported by UNCLOS, which grants coastal states the right to regulate and control the exploration, exploitation, conservation, and management of natural resources within their EEZs. This includes the right to enforce laws and regulations related to fisheries and to take necessary measures to prevent and punish infringement of those laws and regulations.
The use of drones has been effective in detecting and deterring illegal fishing activity in the Southern Ocean. In 2015, for example, an Australian drone captured footage of a suspected illegal fishing vessel, which led to the arrest and seizure of the vessel by Australian authorities. Since then, the use of drones has become an important tool in Australia's efforts to combat IUU fishing in the region.
Overall, the use of drones by Australia to monitor fishing activity in its EEZ in the Southern Ocean is an example of how technology can be used to support effective fisheries management and conservation efforts. By using UAVs to patrol remote and difficult-to-reach areas, Australia has been able to detect and deter illegal fishing activity, helping to ensure the sustainability of fish stocks and protect the marine environment in the region.
c. Continental Shelf
Broader definition
The continental shelf is the natural prolongation of a coastal state's land territory, extending under the seabed and sloping down to the deep ocean floor. It includes the seabed and subsoil of the shelf, and the minerals and other resources that are naturally occurring in the shelf.
The legal authority of a coastal state over resources on and under the continental shelf is established by Article 77 of the United Nations Convention on the Law of the Sea (UNCLOS). This article states that coastal states have sovereign rights to explore, exploit, conserve, and manage the natural resources on and under their continental shelf. Coastal states also have exclusive rights to construct and maintain structures on the continental shelf, including offshore installations and artificial islands.
In Mexico, the legal framework regarding the continental shelf is established in Article 27 of the Mexican Constitution and the Law of the Sea of Mexico. According to Article 27, the continental shelf and the exclusive economic zone of Mexico are considered part of the national territory and subject to the jurisdiction of the Mexican state. The Law of the Sea of Mexico establishes the rights and obligations of Mexico with respect to the continental shelf, including the regulation of exploration and exploitation of natural resources, environmental protection, and the establishment of maritime boundaries with neighboring states.
Implications for vessels
· The coastal state has the exclusive right to explore and exploit the natural resources of the continental shelf.
· The coastal state has the right to regulate and authorize any activity related to the exploration and exploitation oe natural resources within the continental shelf.
· Vessels of other states may not engage in any activities on the continental shelf without the authorization of the coastal state.
· The coastal state has the right to take necessary measures, including the use of force, to prevent any unauthorized activity on the continental shelf.
· Vessels of other states have the right of innocent passage through the continental shelf, but they may not conduct any activity that is not directly related to their passage without the authorization of the coastal state.
Under Mexican law, the exclusive right to explore and exploit the natural resources of the continental shelf is granted to the Mexican state. This is established in Article 27 of the Mexican Constitution, which states that "the lands and waters within the boundaries of the national territory are the property of the Mexican Nation, who has the right to transfer, at any time and without the need of a judicial process, the ownership thereof to the federative entities, or to the municipalities, as the case may be, in order to serve the public interest."
In addition, the Mexican government has the authority to regulate and authorize any activity related to the exploration and exploitation of natural resources within the continental shelf, as established in the Mexican Law of the Sea. This law also establishes that vessels of other states may not engage in any activities on the continental shelf without the authorization of the Mexican government. Mexico has the right to take measures, including the arrest and detention of vessels, to prevent and punish infringements of its lawsand regulations related to the exploration and exploitation of natural resources in its continental shelf (Article 12 of the Law of the Sea and Maritime Navigation).
Therefore, vessels operating within the continental shelf zone must comply with the regulations and authorizations established by the coastal state, and any unauthorized activity may result in detention or seizure of the vessel, as well as other legal consequences.
Example
The North Sea is an area of the Atlantic Ocean bordered by the coastline of several European countries, including Norway and the United Kingdom. The region is rich in oil and gas reserves, which has led to significant offshore oil and gas exploration and production activities in this area.
Under the UNCLOS, coastal states have sovereign rights over the natural resources of their continental shelf, including oil and gas reserves. Therefore, Norway and the United Kingdom have the legal authority to explore, exploit, and manage the natural resources within their respective continental shelves in the North Sea.
Both countries have established regulatory frameworks to govern offshore oil and gas exploration and production activities, including safety and environmental standards. The United Kingdom, for example, has established the Oil and Gas Authority, which is responsible for regulating and promoting the development of the UK's oil and gas resources, while Norway has established the Norwegian Petroleum Directorate to oversee the country's offshore oil and gas activities.
The development of offshore oil and gas production in the North Sea has significant implications for the vessels operating in the area. These vessels include offshore drilling rigs, production platforms, support vessels, and transportation vessels. They are subject to various regulations and safety standards established by the coastal states and international bodies. For example, vessels operating in the North Sea must comply with safety regulations established by the International Maritime Organization (IMO), including the International Convention for the Safety of Life at Sea (SOLAS). They must also comply with environmental regulations, such as those established by the United Nations Environmental Programme (UNEP) and the European Union's Marine Strategy Framework Directive (MSFD).
Moreover, vessels operating in the North Sea must also comply with the rules and regulations established by the coastal states. For instance, Norway's maritime laws and regulations, including the Norwegian Maritime Code, establish rules for the safety of vessels operating in the country's waters, while the United Kingdom's Merchant Shipping Act establishes regulations for the registration, inspection, and certification of vessels.
In conclusion, the development of offshore oil and gas production in the North Sea by Norway and the United Kingdom highlights the legal authority of coastal states over the natural resources on and under their continental shelves. It also underscores the importance of international and national regulations and standards to ensure the safety and environmental sustainability of offshore oil and gas exploration and production activities. Finally, it illustrates the implications for vessels operating in these areas, which must comply with international and national regulations and safety standards.
IV. Importance of Maritime Zones
Marine Conservation: Marine protected areas (MPAs) are a common way to conserve biodiversity in the ocean. They are established within a country's territorial waters or EEZ and restrict activities such as fishing, oil drilling, and shipping to protect marine ecosystems. One example is the Great Barrier Reef Marine Park, which is located in Australia's territorial waters and is home to thousands of species of marine life.
Shipping and Navigation: Maritime zones play a crucial role in regulating shipping and navigation in the ocean. For example, the Strait of Hormuz, which is located in the territorial waters of Iran and Oman, is a critical shipping lane for oil tankers traveling between the Persian Gulf and the rest of the world. The international community recognizes the importance of the Strait, and it is governed by international law, including UNCLOS.
Dispute Resolution: Maritime zones can also be the source of disputes between countries. One example is the dispute between China and the Philippines over the South China Sea. Both countries claim sovereignty over certain islands and reefs in the area, which are located within their respective EEZs. The dispute has led to tension between the two countries, and they have turned to international arbitration to resolve the issue.
Resource Extraction: Maritime zones also play a critical role in regulating resource extraction in the ocean. One example is the extraction of oil and gas from the continental shelf. Norway and the United Kingdom are two countries that have developed offshore oil and gas production in their respective continental shelves. They must adhere to international law and their own national laws when extracting these resources to ensure that they do not cause harm to the marine environment.
V. Synthesis
Internal waters: As mentioned before, internal waters are considered part of the territory of the coastal state, so all activities within this zone are subject to its sovereignty. Generally, activities such as fishing, shipping, and transportation are allowed in internal waters, but they may be subject to certain regulations and requirements, such as obtaining permits or licenses. For example, in Mexico, Article 126 of the Navigation and Maritime Commerce Law establishes that fishing activities in internal waters must be authorized by the Secretariat of Agriculture and Rural Development.
Territorial sea: Within the territorial sea, the coastal state has sovereignty over the waters, the airspace above it, and the seabed and subsoil beneath it. Foreign vessels are allowed to navigate and conduct innocent passage through the territorial sea, but the coastal state may regulate certain activities, such as fishing and research. For example, Norway requires foreign vessels fishing in its territorial sea to obtain licenses and follow certain regulations to ensure sustainable fishing practices.
Contiguous zone: In the contiguous zone, the coastal state has limited sovereignty for the purpose of preventing and punishing violations of its laws and regulations. Activities such as customs and immigration control, pollution prevention, and scientific research may be regulated within this zone. For example, the United States has established regulations for the transportation of hazardous materials in its contiguous zone to prevent potential environmental damage.
Exclusive economic zone: Within the EEZ, the coastal state has sovereign rights over the exploration, exploitation, conservation, and management of natural resources, both living and non-living, in the waters and seabed. Activities such as fishing, oil and gas exploration, and scientific research are subject to the regulations and licensing requirements of the coastal state. For example, Australia has established a licensing system for oil and gas exploration in its EEZ to ensure the sustainable use of resources.
Continental shelf: The coastal state has exclusive rights to explore and exploit the natural resources on and under the continental shelf, including oil, gas, and minerals. Other activities such as fishing and scientific research may also be subject to regulations and licensing requirements. For example, Mexico has established regulations for offshore oil and gas exploration and production on its continental shelf to ensure environmental protection and safety.
VI. Conclusion
Understanding the legal framework and implications of maritime zones is of utmost importance for Mexico, especially the Yucatan peninsula, which has a significant coastal area and an exclusive economic zone. It is vital for Mexico to exercise its rights and responsibilities as a coastalstate under the UNCLOS to manage and conserve the natural resources in its maritime zones, ensure sustainable development, and protect the marine environment.
Moreover, Mexico's rich and diverse marine biodiversity, such as coral reefs, mangroves, and sea turtles, is a valuable natural asset that requires protection and conservation. Proper management and regulation of activities within Mexico's maritime zones, such as fishing, mining, shipping, and offshore exploration, can help achieve sustainable use and conservation of these marine resources.
Furthermore, the Yucatan peninsula's geographical location on the Gulf of Mexico and the Caribbean Sea makes it a crucial hub for international shipping and trade. The proper understanding and implementation of the legal framework of maritime zones can help ensure safe and efficient navigation and prevent maritime accidents, oil spills, and other environmental disasters that can have severe economic and environmental consequences.
In conclusion, understanding the legal framework and implications of maritime zones is crucial not only for Mexico but also for anyone interested in international law, environmental law, or ocean policy. It is essential to promote sustainable development, protect the marine environment, and ensure the peaceful and cooperative use of the oceans and seas for the benefit of all humankind.
ADA Part 1 (Individually). Navigating the Professional Waters: Exploring Maritime Zones Under UNCLOS Through LinkedIn Blogging
For this activity, you will design a LinkedIn blog post on the topic of maritime zones and their importance. Your post should be brief, professional, and entertaining, and should include visual aids such as infographics or images to help illustrate your points.
To receive full credit for this assignment, your post should meet the following criteria:
· It should be well-written and free of spelling and grammatical errors.
· It should provide a clear explanation of the concept of maritime zones and their importance.
· It should include at least one visual aid to help illustrate your points.
· It should be engaging and entertaining to read.
· It should be appropriate for a professional networking platform like LinkedIn.
· Your post should be no more than 500 words in length and should be submitted to the course website by the deadline.
ADA Part 2 (Team). Maritime Zones Case Analysis
· Form a team of 3-4 members to analyze the cases provided about maritime zones (see attached).
· Answer ALL the questions regarding the legal framework, benefits, challenges, and potential risks associated with the management of maritime zones covered in the different cases presented in the unit. The questions are related to the principles of UNCLOS, the different maritime zones, environmental risks, and international agreements.
· Your answers should be concise and specific, using technical language learned in the unit, and not exceed 200 words per answer. If you do any internet research to support your answers, make sure to follow APA citation guidelines.
· Submit your answers on the designated platform before the deadline. Late submissions will not be accepted.
· Plagiarism will lead to the disqualification of the activity as a sanction.
Please, make sure you observe:
· The use of technical language and concepts
· The accuracy and relevance of the answers to the questions
· The coherence, orthography, and clarity of the answers
· The correct use of APA citation guidelines
· The absence of plagiarism
EXTRA POINTS if you deliver your homework in English.
DEADLINE: Sun 03/04/23 at 11:59 pm.
VIDEOMEETING: Students taking the class on Friday 03/02/2023 will not have the class because of the holiday as you can see in the official calendar of our University (https://uady.mx/calendario). Therefore, I can have a videoconference on Thursday from 8-9 pm just in case that you have any questions. I will wait for the confirmation of you group leader to schedule it.