International Law of the Sea (UNCLOS) and Maritime Zones

Introduction to the Law of the Sea

The Law of the Sea is the body of international law governing the rights and duties of states concerning the oceans. It addresses navigation, maritime boundaries, natural resource exploitation, and environmental protection.

The principal legal framework is the United Nations Convention on the Law of the Sea (UNCLOS), adopted in 1982 and often called the “Constitution of the Oceans.”

Historical Development

Customary Law Era

Before UNCLOS, the law of the sea was largely customary international law, with the traditional 3-nautical-mile territorial sea.

UNCLOS III (1982)

The Third UN Conference on the Law of the Sea produced the comprehensive 1982 Convention, which entered into force in 1994. It has been ratified by over 165 countries.

Turkey’s Position

Turkey has not ratified UNCLOS, primarily due to disputes over its Exclusive Economic Zone (EEZ) and continental shelf delimitation in the Aegean and Eastern Mediterranean Seas. However, Turkey recognizes many UNCLOS provisions as reflecting customary international law.

Maritime Zones

UNCLOS defines distinct maritime zones, each with different rights and jurisdictions:

Internal Waters

Waters landward of the baseline (coastline or closing lines of bays):

• Full sovereignty of the coastal state
• No right of foreign vessel passage without permission
• Includes ports, harbors, enclosed bays

Territorial Sea (Article 3)

A belt of water extending up to 12 nautical miles from the baseline:

• Coastal state has full sovereignty (surface, water column, seabed, airspace)
• Subject to right of innocent passage for foreign vessels
• Criminal and civil jurisdiction apply to vessels in certain circumstances

Contiguous Zone (Article 33)

Extends up to 24 nautical miles from the baseline:

• Coastal state may exercise control to prevent/punish infringement of:
  • Customs regulations
  • Fiscal laws
  • Immigration rules
  • Sanitary requirements

Exclusive Economic Zone (EEZ) (Articles 55-75)

Extends up to 200 nautical miles from the baseline:

• Coastal state has sovereign rights over:
  • Exploration and exploitation of natural resources (fishing, oil, gas)
  • Jurisdiction over artificial islands and installations
  • Marine scientific research
  • Environmental protection
• Other states retain freedoms of:
  • Navigation
  • Overflight
  • Laying submarine cables and pipelines

Continental Shelf (Articles 76-85)

The seabed and subsoil beyond the territorial sea:

• Extends to the outer edge of the continental margin or 200 nautical miles (whichever is greater)
• Coastal state has sovereign rights to explore and exploit natural resources
• Rights are exclusive—no one may exploit without coastal state consent
• Ships retain navigation freedoms over the continental shelf

High Seas (Articles 86-120)

Waters beyond national jurisdiction:

• Freedom of the high seas for all states:
  • Navigation
  • Overflight
  • Fishing
  • Scientific research
  • Laying cables and pipelines
• Subject to duties of flag state jurisdiction
• No state may validly claim sovereignty

The Area (Articles 133-191)

The seabed beyond national jurisdiction:

• Declared common heritage of mankind
• Resources administered by International Seabed Authority
• Mining must benefit all humanity

Key Principles

Baseline Measurement

All maritime zones are measured from baselines:

• Normal baseline: Low-water line along the coast
• Straight baselines: Used for deeply indented coastlines or island fringes
• Baseline disputes affect zone boundaries significantly

Innocent Passage

Foreign vessels have the right of innocent passage through the territorial sea if passage is:

• Continuous and expeditious
• Not prejudicial to peace, good order, or security
• Submarines must navigate on the surface

Transit Passage

Through international straits, ships and aircraft enjoy transit passage:

• Cannot be suspended
• Must proceed without delay
• Applies to straits like the Turkish Straits (subject to Montreux regime)

Maritime Boundary Delimitation

General Principles

When maritime zones of adjacent or opposite states overlap, boundaries must be delimited by:

• Agreement between the states
• Based on international law
• Achieving an equitable solution

Delimitation Methods

• Equidistance/Median Line: Line equidistant from each state’s baselines
• Equitable Principles: Considering special circumstances, geography, proportionality
• ICJ and arbitral tribunals play key roles in disputes

Turkey’s Maritime Disputes

Turkey has unresolved maritime boundary issues in:

• Aegean Sea: With Greece over continental shelf, EEZ, and islands
• Eastern Mediterranean: With Cyprus and neighboring states over gas exploration zones
• Black Sea: Generally resolved with neighbors

The Turkish Straits

The Bosphorus, Sea of Marmara, and Dardanelles are governed by the Montreux Convention (1936), not UNCLOS:

• Turkey has sovereignty over the straits
• Commercial vessels enjoy freedom of passage
• Warship passage is subject to specific rules
• Turkey controls the regime, subject to treaty obligations

Environmental Protection

UNCLOS requires states to:

• Protect and preserve the marine environment (Article 192)
• Prevent, reduce, and control marine pollution
• Cooperate on a global and regional basis
• Conduct environmental impact assessments for planned activities

Dispute Resolution (Part XV)

UNCLOS provides for compulsory dispute resolution through:

• International Tribunal for the Law of the Sea (ITLOS)
• International Court of Justice (ICJ)
• Arbitral tribunals

States can choose their preferred forum when ratifying.

Relevance for Turkey

Although not an UNCLOS party, Turkey:

• Applies many UNCLOS principles as customary law
• Claims 6 nm territorial sea in the Aegean (12 nm elsewhere)
• Asserts continental shelf rights based on equitable principles
• Actively defends maritime interests in diplomatic and legal forums

Legal Assistance: We provide guidance on maritime law matters, including shipping disputes, maritime boundary issues, and port-related legal matters. Contact us for international and maritime law expertise.

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