sovereignty of the coastal State led to the so-called canon-shot rule which restricted
the control and jurisdiction of the coastal State with respect to foreign vessels to three
nautical miles.
It was not until the late 1950s, following from the first Conference of the United
Nations on the Law of the Sea that coastal States sought wider limitation of the
freedom of the seas culminating in the subsequent declaration of the 12 nautical mile
limit of the coastal States territorial waters. Since the adoption UNCLOS in Montego
Bay, Jamaica in 1982, the control obligations, responsibilities and jurisdiction of the
coastal State has now been better expressed through in most instances a codification
of customary international law expressed through the opinio juris.
In dealing with the coastal State, the UNCLOS, ascribes to the coastal State,
rights, including juridical rights and responsibilities in accordance with the various
maritime zones, spelt out clearly in the UNCLOS. These are (a) Internal Waters
(b) Territorial Sea (c) Contiguous Zone (d) Exclusive Economic Zone
(e) Continental Shelf and (f) The High Seas (beyond national jurisdiction).
4
By virtue of the UNCLOS, specific legislative and enforcement powers have been
provided for in respect of the coastal State depending on the maritime zone in
question.
2.2 Internal Waters
As the name suggests, internal waters are waters enclosed within the territory of the
coastal State. Being within the territory of the coastal State, the enjoyment of the full
powers of sovereignty which a state possesses under international law are applicable.
In this regard, the coastal State has powers for the enactment of appropriate legislation to safeguard and exercise its sovereignty. Thus, acts of a foreign vessel that
impugn the territorial sovereignty of the coastal State are subject to the laws and
regimes of the coastal State. It is pertinent to note that where the waters described as
internal waters have been so designated as a result of the drawing of straight
baselines enclosing waters which hitherto were not so designated, the right of
innocent passage is to be granted to foreign vessels for navigation through those
waters.
5 Thus, with the exception of the right to innocent passage for foreign ships
where previously unenclosed waters have gained the character of internal waters, the
coastal State has the power to exercise its full sovereignty for the sake of peace, good
order and security and can take action against foreign vessels that disturb or seek to
disturb such peace and security.
6
4 MV Saiga case (Saint Vincent and the Grenadines); ITLOS case No. 1 1997 and 2 [1999] http://
www.itlos.org/startz-en.ntml.
5 This therefore acts as an exception to the unrestrained powers of sovereignty of the coastal State in
Internal Waters. UNCLOS Article 8(1).
6 Churchill and Lowe (1988), p. 55.
Coastal, Flag and Port State Jurisdictions: Powers and Other. . .
497
the control and jurisdiction of the coastal State with respect to foreign vessels to three
nautical miles.
It was not until the late 1950s, following from the first Conference of the United
Nations on the Law of the Sea that coastal States sought wider limitation of the
freedom of the seas culminating in the subsequent declaration of the 12 nautical mile
limit of the coastal States territorial waters. Since the adoption UNCLOS in Montego
Bay, Jamaica in 1982, the control obligations, responsibilities and jurisdiction of the
coastal State has now been better expressed through in most instances a codification
of customary international law expressed through the opinio juris.
In dealing with the coastal State, the UNCLOS, ascribes to the coastal State,
rights, including juridical rights and responsibilities in accordance with the various
maritime zones, spelt out clearly in the UNCLOS. These are (a) Internal Waters
(b) Territorial Sea (c) Contiguous Zone (d) Exclusive Economic Zone
(e) Continental Shelf and (f) The High Seas (beyond national jurisdiction).
4
By virtue of the UNCLOS, specific legislative and enforcement powers have been
provided for in respect of the coastal State depending on the maritime zone in
question.
2.2 Internal Waters
As the name suggests, internal waters are waters enclosed within the territory of the
coastal State. Being within the territory of the coastal State, the enjoyment of the full
powers of sovereignty which a state possesses under international law are applicable.
In this regard, the coastal State has powers for the enactment of appropriate legislation to safeguard and exercise its sovereignty. Thus, acts of a foreign vessel that
impugn the territorial sovereignty of the coastal State are subject to the laws and
regimes of the coastal State. It is pertinent to note that where the waters described as
internal waters have been so designated as a result of the drawing of straight
baselines enclosing waters which hitherto were not so designated, the right of
innocent passage is to be granted to foreign vessels for navigation through those
waters.
5 Thus, with the exception of the right to innocent passage for foreign ships
where previously unenclosed waters have gained the character of internal waters, the
coastal State has the power to exercise its full sovereignty for the sake of peace, good
order and security and can take action against foreign vessels that disturb or seek to
disturb such peace and security.
6
4 MV Saiga case (Saint Vincent and the Grenadines); ITLOS case No. 1 1997 and 2 [1999] http://
www.itlos.org/startz-en.ntml.
5 This therefore acts as an exception to the unrestrained powers of sovereignty of the coastal State in
Internal Waters. UNCLOS Article 8(1).
6 Churchill and Lowe (1988), p. 55.
Coastal, Flag and Port State Jurisdictions: Powers and Other. . .
497