1 Introduction
In the international law of sea as depicted in UNCLOS,
1 there are several manifestations of the “State” as a public international law entity. Among others, these are the
coastal State, flag State and port State as the principal ones.
2 This chapter examines
the rights, powers and jurisdictions accorded to States by UNCLOS under the three
incarnations of the State as referred to above and delves into certain aspects of them
to the extent warranted by the context. Both legislative as well as enforcement or
regulatory jurisdictions are considered in the discussion to facilitate a rounded
appreciation of the phenomenon of jurisdiction under UNCLOS. The examination
is set against the historical background of the evolution and ascension of the Grotian
doctrine of the 1600s which eventually suffered contraction in relatively recent times
with the rise and expansion of territorialism mainly triggered by the discoveries of
near-coast natural resources.
In terms of the attributes and jurisdictional consideration of the coastal State, the
zonal and functional approaches adopted by UNCLOS are discussed including the
internal waters, territorial seas, contiguous zone, the exclusive economic zone and
the continental shelf, in light of their relationships to the high seas. In the discussions
on the flag and port State characterizations of States, the legal notions of ship
nationality, registration and flag are touched on and the concept of port State control
(PSC) is highlighted. The main thread of the chapter as a whole is the interconnectivity among the three main designations of States under UNCLOS, namely,
coastal, flag and port State. A summary is presented in conclusion.
2 The Coastal State
2.1 Preliminary Observations
A deeper appreciation of the jurisdiction of the coastal State in international maritime
law as well as the responsibility, rights and obligations as they developed over time,
are better set within the historical context of freedom of the seas—(mare liberum) as
opposed to the diminution of freedom of the seas (mare clausum). Since time
immemorial, coastal States have recognized and used the seas as a bulwark and
shield for the defence of their landmass and territory. The seas were also recognized
as navigational routes for the purpose of conquest of new territories and trading
hence the quest to have as much of it unfettered for unhindered navigation and the
exploitation of its resources.
3 The quest for the defence of the land territory and the
1 United Nations Convention on the Law of the Sea, 1833 UNTS 3; 21 ILM 1261 (1982).
2 UNCLOS also deals comprehensively with island states, archipelagic states, land-locked and
geographically disadvantaged states and other characterizations.
3 Bordin (2002).
496
E. K. Mbiah
In the international law of sea as depicted in UNCLOS,
1 there are several manifestations of the “State” as a public international law entity. Among others, these are the
coastal State, flag State and port State as the principal ones.
2 This chapter examines
the rights, powers and jurisdictions accorded to States by UNCLOS under the three
incarnations of the State as referred to above and delves into certain aspects of them
to the extent warranted by the context. Both legislative as well as enforcement or
regulatory jurisdictions are considered in the discussion to facilitate a rounded
appreciation of the phenomenon of jurisdiction under UNCLOS. The examination
is set against the historical background of the evolution and ascension of the Grotian
doctrine of the 1600s which eventually suffered contraction in relatively recent times
with the rise and expansion of territorialism mainly triggered by the discoveries of
near-coast natural resources.
In terms of the attributes and jurisdictional consideration of the coastal State, the
zonal and functional approaches adopted by UNCLOS are discussed including the
internal waters, territorial seas, contiguous zone, the exclusive economic zone and
the continental shelf, in light of their relationships to the high seas. In the discussions
on the flag and port State characterizations of States, the legal notions of ship
nationality, registration and flag are touched on and the concept of port State control
(PSC) is highlighted. The main thread of the chapter as a whole is the interconnectivity among the three main designations of States under UNCLOS, namely,
coastal, flag and port State. A summary is presented in conclusion.
2 The Coastal State
2.1 Preliminary Observations
A deeper appreciation of the jurisdiction of the coastal State in international maritime
law as well as the responsibility, rights and obligations as they developed over time,
are better set within the historical context of freedom of the seas—(mare liberum) as
opposed to the diminution of freedom of the seas (mare clausum). Since time
immemorial, coastal States have recognized and used the seas as a bulwark and
shield for the defence of their landmass and territory. The seas were also recognized
as navigational routes for the purpose of conquest of new territories and trading
hence the quest to have as much of it unfettered for unhindered navigation and the
exploitation of its resources.
3 The quest for the defence of the land territory and the
1 United Nations Convention on the Law of the Sea, 1833 UNTS 3; 21 ILM 1261 (1982).
2 UNCLOS also deals comprehensively with island states, archipelagic states, land-locked and
geographically disadvantaged states and other characterizations.
3 Bordin (2002).
496
E. K. Mbiah