Page 129 - MDSL Final

LEGAL CONTEXT
particular, restricted, geographical circumstances exist, international
law allows states to depart from the application of normal baselines
and measure maritime jurisdictional zones from straight baselines
drawn along selected parts of their coastlines. Water bodies inland
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of the baseline such as bays, estuaries, rivers, and lakes are considered
‘internal waters’ subject to national sovereignty.

Internal Waters

Internal Waters are defined in Article 8 of LOSC. They comprise all waters
to landward of the territorial sea baseline such as ports, harbours,
enclosed bays, gulfs, lakes, rivers and all inland waters. Internal Waters
form an integral part of the territory of the Coastal State and it has
sovereignty over its Internal Waters. This should not be constructed
as conferring upon it unlimited power. The Coastal State has duties
for the promotion of international intercourse, navigation and trade
which customary international law imposes upon it. There is an implicit
expectation of transit through the Internal Waters to a port or harbour
for foreign vessels that are engaged in trade, but a Coastal State may
still close its Internal Waters to foreign vessels. Warships must generally
seek diplomatic clearance for permission to enter Internal Waters.
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Archipelagic Waters

These waters are defined in Article 49 of LOSC. They comprise the waters
enclosed by the archipelagic baselines of Archipelagic States regardless
of their depth or distance from the coast. The Archipelagic State has
sovereignty over these waters, which extends to the air space over them
as well as to the seabed and subsoil and all the resources contained within
them. All vessels have a right of innocent passage within Archipelagic
Waters and a right of archipelagic sea lane passage within, either the
defined archipelagic sea lanes, or through routes used for international
navigation through waters from one part of the EEZ or high seas, where
archipelagic sea lanes have not been declared. The ships conducting
archipelagic sea lanes passage are to comply with generally accepted
international regulations, procedures and practices for the prevention,
reduction and control of pollution of ships. While the Archipelagic State

To Nurture a Stable Environment at Sea 111