
Map of
Sealand and the United Kingdom, with territorial water claims of 3 NM and 12 NM shown.
'Territorial waters', or a 'territorial sea', is a belt of coastal waters extending at most twelve
nautical miles (but possibly less, at the coastal country's discretion) from the mean low water mark of a
littoral state that is regarded as the sovereign territory of the state, except that foreign ships (both military and civilian) are allowed
innocent passage through it.
[1]
A
sovereign state has complete
jurisdiction over internal waters, where not even innocent passage is allowed. Territorial waters extend up to 12 nautical miles (22 km) from the mean low water mark adjacent to land, or from internal waters, as per the 1982
United Nations Convention on the Law of the Sea. The mean low water mark may be an unlimited distance from permanently exposed land, provided that some portion of elevations exposed at low tide but covered at high tide (like mud flats) is within 12 nautical miles of permanently exposed land. Completely enclosed seas, lakes, and rivers are considered internal waters, as are waters landward of lines connecting fringing islands along a coast or landward of lines across the mouths of rivers that flow into the sea. Bays are defined as indentations between
headlands having an area greater than that of a semicircle. If they do not exceed 24 nautical miles (44 km) between headlands then they are internal waters; if their entrance is wider, then that portion landward of a 24 nautical mile straight line that touches opposite low-water marks across the bay positioned to contain the greatest water area are internal waters. All archipelagic waters within the outermost islands of an archipelagic state like
Indonesia or the
Philippines are also considered internal waters.
Control over a 'contiguous zone', up to an additional ''24 − N'' nautical miles beyond the territorial sea, where the territorial sea is ''N'' nautical miles wide, ''N≤12'', is permitted by a coastal nation to "prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations". The
United States invoked a contiguous zone on
24 September 1999.
[2]
Conflicts still occur whenever a coastal nation claims an entire gulf as its territorial waters while other nations only recognize the more restrictive definitions of the UN convention. Two recent conflicts occurred in the
Gulf of Sidra where Libya has claimed the entire gulf as its territorial waters and the U.S. has twice violently enforced
freedom of navigation rights (
Gulf of Sidra incident (1981),
Gulf of Sidra incident (1989)).
An
exclusive economic zone extends for 200 nautical miles (370 km) beyond the baselines of the territorial sea, thus it includes the territorial sea and its contiguous zone.
[3] A coastal nation has control of all economic resources within its exclusive economic zone, including fishing, mining, oil exploration, and any pollution of those resources. However, it cannot regulate or prohibit passage or loitering above, on, or under the surface of the sea, whether innocent or
belligerent, within that portion of its exclusive economic zone beyond its territorial sea. Before 1982, coastal nations arbitrarily extended their territorial waters in an effort to control activities which are now regulated by the exclusive economic zone, such as offshore
oil exploration or fishing rights (see
Cod War). Indeed, the exclusive economic zone is still popularly, though erroneously, called a coastal nation's territorial waters.
The
continental shelf of a coastal nation extends out to its continental margin, but at least 200 nautical miles from the baselines of its territorial sea. The continental margin is defined by a series of points not more than 60 nautical miles (111 km) apart where the thickness of sedimentary rocks is at least one per cent of the height of the continental shelf above the foot of the continental slope, but not more than 60 nautical miles inshore from it. The foot of the continental slope is where the maximum change in the gradient of the seabed occurs. The continental margin cannot exceed 350 nautical miles (648 km) beyond the baselines of the territorial sea or 100 nautical miles (185 km) beyond the 2,500-metre depth, unless "natural components of the continental margin, such as its plateaux, rises, caps, banks and spurs" but not submarine ridges are farther out. The coastal nation has control of all resources on or under its continental shelf, living or not, but no control over any living organisms above the shelf that are beyond its exclusive economic zone.
[4] Ireland has become one of the first countries to define its continental shelf in accordance with the UN convention.
[5]
Pirate radio broadcasting from artificial marine fixtures or anchored ships can be controlled by the affected coastal nation or other nations wherever that broadcast may originate, whether in the territorial sea, exclusive economic zone, the continental shelf or even on the
high seas.
[6]
Thus a coastal nation has total control over its internal waters, slightly less control over territorial waters, and ostensibly even less control over waters within the contiguous zones. However, it has total control of economic resources within its exclusive economic zone as well as those on or under its continental shelf.
From the eighteenth century until the mid twentieth century, the territorial waters of the
British Empire, the
United States,
France and many other nations were
three nautical miles (6 km) wide. Originally, this was the length of a
cannon shot, hence the portion of an ocean that a sovereign state could defend from shore. However,
Iceland claimed two nautical miles (4 km),
Norway claimed four nautical miles (7 km), and
Spain claimed six nautical miles (11 km) during this period. During incidents such as nuclear weapons testing and fisheries disputes some nations arbitrairly extended their maritime claims to as much as fifty or even two hundred nautical miles. Since the late 20th century the "12 mile limit" has become almost universally accepted. The
United Kingdom extended its territorial waters from three to twelve nautical miles in 1987.
Throughout this article, distances measured in nautical miles are exact legal definitions, while those in kilometres are approximate conversions which are not stated in any law or treaty.
Territorial sea claims
★ ''None'': Bosnia and Herzegovina, Montenegro
★ ''3 nautical miles'': Jordan, Palau, Singapore
★ ''6 nautical miles'': Dominican Republic, Greece, Turkey
★ ''12 nautical miles'': Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Brazil, Brunei, Bulgaria, Cambodia, Cameroon, Canada, Cape Verde, Chile, China, Colombia, Comoros, Cook Islands, Costa Rica, Cote d'Ivoire, Croatia, Cuba, Cyprus, Democratic People's Republic of Korea, Democratic Republic of the Congo, Denmark, Djibouti, Dominica, Egypt, Equatorial Guinea, Eritrea, Estonia, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Iceland, India, Indonesia, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Kenya, Kiribati, Kuwait, Latvia, Lebanon, Libya, Lithuania, Madagascar, Malaysia, Maldives, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Monaco, Morocco, Mozambique, Myanmar, Namibia, Nauru, Netherlands, New Zealand, Nicaragua, Nigeria, Niue, Norway, Oman, Pakistan, Panama, Papua New Guinea, Poland, Portugal, Qatar, Republic of Korea, Romania, Russia, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, São Tomé and PrÃncipe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Syria, Thailand, Timor-Leste, Tonga, Trinidad and Tobago, Tunisia, Tuvalu, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, United States of America, Uruguay, Vanuatu, Venezuela, Vietnam, Yemen
★ ''12 nautical miles/ DLM'': Slovenia (DLM means that "the national legislation establishes the limits of a given zone only by reference to the delimitation of maritime boundaries with adjacent or opposite States, or to a median (equidistant) line in the absence of a maritime boundary delimitation agreement")
★ ''30 nautical miles'': Togo
★ ''200 nautical miles'': Benin, Congo, Ecuador, El Salvador, Liberia, Peru, Somalia
★ ''Defined by coordinates'': Philippines (Rectangle defined by coordinates. Claim extends beyond 12 nautical miles).
Special cases
★ Australia: The territorial sea boundaries between the islands of Aubusi, Boigu and Moimi and Papua New Guinea and the islands of Dauan, Kaumag and Saibai and Papua New Guinea, together with such other portion of the outer limit of the territorial sea of Saibai are determined by a treaty with Papua New Guinea. The territorial seas of the islands known as Anchor Cay, Aubusi Island, Black Rocks, Boigu Island, Bramble Cay, Dauan Island, Deliverance Island, East Cay, Kaumag Island, Kerr Islet, Moimi Island, Pearce Cay, Saibai Island, Turnagain Island and Turu Cay do not extend beyond 3 nautical miles from the baselines.
★ Belize: 3 nautical mile limit applies from the mouth of Sarstoon River to Ranguana Caye.
★ Cameroon: See article 45 of Law 96-06 of 18 January 1996 on the revision of the Constitution of 2 June 1972.
★ Denmark: Act No. 200 of 7 April 1999 on the delimitation of the territorial sea does not apply to the Faroe Islands and Greenland but may become effective by Royal Decree for those parts of the Kingdom of Denmark with the amendments dictated by the special conditions prevailing in the Faroe Islands and Greenland. As far as Greenland is concerned, the outer limit of the external territorial waters may be measured at a distance shorter than 12 nautical miles from the baselines.
★ Ecuador: The 200 nautical mile limit is in effect only between the continental territorial sea of Ecuador and its insular territorial sea around the Galápagos Islands.
★ Estonia: In some parts of the Gulf of Finland, defined by coordinates.
★ Finland: Extends, with certain exceptions, to 12 nautical miles, unless defined by geographical coordinates. In the Gulf of Finland, the outer limit of the territorial sea shall at no place be closer to the midline than 3 nautical miles, according to the Act amending the Act on the Limits of the Territorial Waters of Finland (981/95).
★ Greece: 10 nautical mile limit applies for the purpose of regulating civil aviation.
★ India: 12 nautical mile limit includes
Andaman, Nicobar and
Lakshadweep.
★ Japan: 3 nautical mile limit applies to the Soya Strait, the Tsugaru Strait, the eastern and western channels of the Korea Strait and the Osumi Straits only.
★ New Zealand: 12 nautical mile limit includes Tokelau.
★ Papua New Guinea: 3 nautical miles in certain areas.
★ Peru: The 200 nautical mile territorial sea is called 'Maritime Dominion' in article 54 of the 1993 Constitution: " ...In its maritime dominion, Peru exercises sovereignty and jurisdiction, without prejudice to the freedoms of international communication, in accordance with the law and the treaties ratified by the State..."
★ Turkey: 6 nautical miles in the
Aegean Sea, 12 nautical miles in the
Black Sea.
★ United Kingdom: Also 3 nautical miles. (3 nautical miles in Anguilla, Guernsey, British Indian Ocean Territory, British Virgin Islands, Gibraltar, Monserrat and Pitcairn; 12 nautical miles in United Kingdom, Jersey, Bermuda, Cayman Islands, Falkland Islands, Isle of Man, Saint Helena and Dependencies, South Georgia, South Sandwich Islands, and Turks and Caicos Islands.)
Contiguous zone claims
★ ''None'': Albania, Bahamas, Barbados, Belize, Benin, Bosnia and Herzegovina, Brunei, Cameroon, Colombia, Comoros, Congo, Cook Islands, Costa Rica, Cote d'Ivoire, Croatia, Democratic Republic of the Congo, Ecuador, El Salvador, Equatorial Guinea, Eritrea, Estonia, Fiji, Georgia, Germany, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Iceland, Indonesia, Iran, Ireland, Israel, Italy, Jordan, Kenya, Kiribati, Kuwait, Latvia, Lebanon, Liberia, Libya, Lithuania, Malaysia, Mauritius, Micronesia, Monaco, Montenegro, Netherlands, Nigeria, Niue, Palau, Papua New Guinea, Peru, Philippines, Poland, São Tomé and PrÃncipe, Singapore, Slovenia, Solomon Islands, Somalia, Suriname, Sweden, Togo, Tonga, Turkey, Ukraine, United Kingdom, United Republic of Tanzania
★ ''14 nautical miles'': Finland
★ ''15 nautical miles'': Venezuela
★ ''18 nautical miles'': Bangladesh, Gambia, Saudi Arabia, Sudan
★ ''24 nautical miles'': Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Belgium, Brazil, Bulgaria, Cambodia, Canada, Cape Verde, Chile, China, Cuba, Cyprus, Denmark, Djibouti, Dominica, Dominican Republic, Egypt, France, Gabon, Ghana, Haiti, Honduras, India, Iran, Jamaica, Japan, Madagascar, Maldives, Malta, Marshall Islands, Mauritania, Mexico, Morocco, Mozambique, Myanmar, Namibia, Nauru, New Zealand, Nicaragua, Norway, Oman, Pakistan, Panama, Portugal, Qatar, Republic of Korea, Romania, Russia, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Senegal, Seychelles, Sierra Leone, South Africa, Spain, Sri Lanka, Syria, Thailand, Timor-Leste, Trinidad and Tobago, Tunisia, Tuvalu, United Arab Emirates, United States of America, Uruguay, Vanuatu, Vietnam, Yemen
★ ''50 nautical miles'': Democratic People's Republic of Korea. 50 nautical miles military zone. Army Command Announcement of 1 August 1977.
Notes
1. UN Convention on the Law or the Sea: Territorial Sea and Contiguous Zone
2. U.S. Vice President announces contiguous zone
3. UN Convention on the Law or the Sea: Exclusive Economic Zone
4. UN Convention on the Law or the Sea: Continental Shelf
5. Ireland's continental shelf
6. UN Convention on the Law or the Sea: High Seas (Article 109)
See also
★
United Nations Convention on the Law of the Sea
★
Freedom of the seas
★
Baseline
★
Exclusive economic zone
★
Continental shelf
★
Seasteading
★
International waters
External link
★
UN Convention on the Law of the Sea