Coastal, Flag and Port State Jurisdictions:
Powers and Other Considerations Under
UNCLOS
Emmanuel Kofi Mbiah
Abstract The manifestations of the state as a public law entity reveals itself in many
ways. One particular way in which it does so is through the powers of control,
legislative and enforcement jurisdiction that is afforded the State through customary
international law and public law treaties. The United Nations Convention on the Law
of the Sea, in its codification and crystallization efforts, takes cognizance of the
practice of states having due regard to historical antecedents. The practice of States
have evolved over time. The practice, coupled with the increased use of technology,
has undoubtedly impacted the application of the international rules in respect of the
coastal, flag and port state jurisdiction. In recent times, the rules have been
interpreted to take account of evolving developments. This paper deals with the
zonal and functional approaches as expressed through UNCLOS. The zones of the
internal waters, territorial seas, contiguous zone, exclusive economic zone and the
high seas beyond national jurisdiction as captured by UNCLOS are dealt with in
relation to the functional underpinnings that gird the demarcation of the zones. The
coastal State’s powers of legislation, jurisdiction and enforcement are examined in
the light of modern considerations and so are the issues attendant to port and flag
State jurisdiction. Recent pronouncements of the International Tribunal of the Law
of Sea is cited to shed light on the functional approach to the utilization of the zones
and the limits of the powers of the coastal State.
E. K. Mbiah (*)
Ghana Chamber of Shipping, Shipman Consult, Accra, Ghana
© Springer Nature Switzerland AG 2020
P. K. Mukherjee et al. (eds.), Maritime Law in Motion, WMU Studies in Maritime
Affairs 8, https://doi.org/10.1007/978-3-030-31749-2_23
495
Powers and Other Considerations Under
UNCLOS
Emmanuel Kofi Mbiah
Abstract The manifestations of the state as a public law entity reveals itself in many
ways. One particular way in which it does so is through the powers of control,
legislative and enforcement jurisdiction that is afforded the State through customary
international law and public law treaties. The United Nations Convention on the Law
of the Sea, in its codification and crystallization efforts, takes cognizance of the
practice of states having due regard to historical antecedents. The practice of States
have evolved over time. The practice, coupled with the increased use of technology,
has undoubtedly impacted the application of the international rules in respect of the
coastal, flag and port state jurisdiction. In recent times, the rules have been
interpreted to take account of evolving developments. This paper deals with the
zonal and functional approaches as expressed through UNCLOS. The zones of the
internal waters, territorial seas, contiguous zone, exclusive economic zone and the
high seas beyond national jurisdiction as captured by UNCLOS are dealt with in
relation to the functional underpinnings that gird the demarcation of the zones. The
coastal State’s powers of legislation, jurisdiction and enforcement are examined in
the light of modern considerations and so are the issues attendant to port and flag
State jurisdiction. Recent pronouncements of the International Tribunal of the Law
of Sea is cited to shed light on the functional approach to the utilization of the zones
and the limits of the powers of the coastal State.
E. K. Mbiah (*)
Ghana Chamber of Shipping, Shipman Consult, Accra, Ghana
© Springer Nature Switzerland AG 2020
P. K. Mukherjee et al. (eds.), Maritime Law in Motion, WMU Studies in Maritime
Affairs 8, https://doi.org/10.1007/978-3-030-31749-2_23
495