International Maritime Law

Sources of international maritime law include international law, customary law and treaties.

International law is the system of law regulating the relations between sovereign states and their rights and duties with respect to each other. It derives mainly from customary law and treaties.

Customary law derives from practice followed continuously in particular location, or by particular states. Such practice becomes accepted as part of the law in that location or of those states.

A treaty is a written international agreement between two states (a bilateral treaty) or between numbers of states (multilateral treaty), which is binding in international law.

The United Nations Convention on the Law of the Sea (UNCLOS) was signed on the 10^th of December 1982. The Convention itself establishes a comprehensive framework for the regulation of all ocean space. It is divided into 17 parts and nine annexes. The Convention contains provisions governing the limits of national jurisdiction over ocean space, access to the seas, navigation, protection and preservation of the marine environment, exploitation of living resources and conservation, scientific research, sea-bed mining and other exploitation of non-living resources, and the settlement of disputes. In addition, it establishes new international bodies to carry out functions for the realization of specific objectives.

UNCLOS provides for several zones of coastal state jurisdiction, including internal waters; territorial sea; archipelagic waters; contiguous zone, fisheries limits; continental shelf; and exclusive economic zone, as well as the high seas.

None of the coastal zone is obligatory and coastal states may choose the types of zones they wish to claim and the distances from their coasts that they wish them to extend to, subject to prescribed maximum limits. Jurisdiction of the coastal state within most zones does not include sovereignty; the coastal state has limited right.

Internal waters extend from the shore to the baseline from which the territorial sea I measured and are part of the territory of the state. Territorial sea may extend to 12 nautical miles from the baseline. Contiguous zone can extend 12 nautical miles beyond the territorial sea limit. Continental shelf is defined geologically and may extend well beyond 200 miles from the baseline. Exclusive economic zone (EEZ) can extend to a maximum of 200 nautical miles from the baseline.

High seas are all parts of the sea that are not included in the EEZ, territorial sea or internal waters of a state. High seas are open to all states whether coastal or land-locked. Freedom of the high seas comprises freedom of navigation, over-flight, to lay submarine cables and pipelines; to construct artificial islands and installations permitted under international law; fishing and scientific research.

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International Regulations for Preventing Collisions at Sea

The prevention of collisions at sea is a matter of concern to all nations. “International Regulations for Preventing Collisions at Sea” were internationally accepted and came into force in 1972.

The Regulations define what vessels and what waters the rules apply to, and spell out the meaning of basic terms. They deal with lights, the shapes of visible distinguishing marks to be displayed by different categories of vessels in various circumstances, sound signals, and the rules for conduct in restricted visibility. Since it is in thick weather that any collisions and stranding take place, the latter rules are extremely important.

The Regulations embody the steering and sailing rules to be followed when vessels are in sight of each other. These rules form the heart of what is known as “The Rules of the Road” for power-driven vessels.

Some rules deal with sound signals for use when vessels in sight of each other alter course to port or starboard, distress signals, the essential need for constantly keeping a good-look-out. The Annex lays down a code of practice for the use of radar information as an aid to avoiding collision at sea.

It is necessary to memorize the crucial rules, and to understand their gist. For example, one rule requires that when two vessels are meeting end-on, each should alter course to starboard, so that each may pass on the port side of the other.

Another rule states that when two power-driven vessels are crossing, so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way of the other. It is clear from Regulations that the stand-on vessel (i.e. the one having right of way) should normally maintain her course and speed, while the seaman is instructed that the vessel, which must keep clear, should slacken speed, stop or reverse, if necessary in order to keep clear. One of the rules requires an overtaking vessel to keep clear.

The International Regulations cannot prevent all collisions, since ships are handled by men, and men can make mistakes or errors of judgment. But strict adherence to the Regulations will always reduce the likelihood of disaster.

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