Page 135 - MDSL Final
P. 135

LEGAL CONTEXT
        govern  with  the  legitimate  sovereign  rights  and  interests  of  Coastal
        States blended with the traditional freedom of navigation enjoyed over
        what otherwise would have been high seas.

        Law of the Sea is not practice alone. States practices continue; especially
        in  the  area  of  maritime  claims,  resource  managements,  maritime
        pollutions and maritime security.

        Following are some of the key features of the LOSC:
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              •  Coastal States exercise sovereignty over their territorial sea
                  which  they have the right to  establish  its  breadth  up  to  a
                  limit not to exceed 12nm and foreign vessels are allowed for
                  ‘innocent passage’ through those waters.
              •  Ships and aircraft of all countries are allowed ‘transit passage’
                  through  straits  used  for  international  navigation  and  States
                  bordering  the  straits  can  regulate  navigational  and  other
                  aspects of passage.
              •  Archipelagic States, made up of a group or groups of closely
                  related islands and interconnecting waters, have sovereignty
                  over a sea area enclosed by straight lines drawn between the
                  outermost points of the islands and the waters between the
                  islands  are  declared  Archipelagic  Waters  where  States  may
                  establish sea lanes and air routes in which all other States enjoy
                  the right of Archipelagic Passage through such designated sea
                  lanes.
              •  Coastal  States  have  sovereign  rights  in  a  200nm  Exclusive
                  Economic Zone (EEZ) with respect to natural resources and
                  certain  economic  activities,  and  exercise  jurisdiction  over
                  marine science research and environmental protection.
              •  All other States have freedom of navigation and over flight
                  in the EEZ, as well as freedom to lay submarine cables and
                  pipelines.
              •  Land-locked and  geographically  disadvantaged States have
                  the right to participate on an equitable basis in exploitation
                  of an appropriate part of the surplus of the living resources of
                  the EEZ’s of Coastal States of the same region or sub-region:

                                                To Nurture a Stable Environment at Sea  117
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