3 The United Nations Convention …
45
of their living resources and preservation of the marine environment. Based on the
above-mentioned development stages and basic content of the UNCLOS, it can be
concluded that it mainly contains the following principles.
3.3.1 Principle of ‘Land Dominating the Sea’
Although the principle of ‘land dominating the sea’ is not directly regulated and
defined in the UNCLOS, there are many provisions embodying it, for example,
Articles 3, 5, 13, Paragraph 2 of Articles 33, 47 and 48, 57, Paragraphs 1 and 5 of
Article 76, Paragraphs 2 and 3 of Article 121. It is generally recognized that the
principle of land dominating the sea originated in the North Sea Continental Shelf
Case (1969)
10 and confirmed in the Aegean Sea Continental Shelf Case (1978)
11 and
the Maritime Delimitation in the Black Sea (2009) Case.
12 For example, in the North
Sea Continental Shelf Case, the International Court of Justice stated that the rights
of the coastal State over its continental shelf legally affiliate to the sovereignty of the
coastal State over the territory adjacent to the continental shelf and directly derived
from the coastal State’s sovereignty; the legal concept that the land dominates the sea
is applicable to the continental shelf.
13 In the Aegean Sea Continental Shelf Case,
the International Court of Justice stated that the coastal State naturally enjoys the
rights to explore and exploit resources in the continental shelf in international law.
Such rights reflect the exclusiveness of the sovereignty of the coastal State over the
land, i.e. the rights of the coastal State over the continental shelf are the extension of
the territorial sovereignty of the coastal State and they are automatically affiliated.
14
3.3.2 Principle of Freedom of the High Seas Especially
Freedom of Navigation and Overflight
The freedom of the high seas including the freedom of navigation and overflight in
the UNCLOS has been expanded from four types of freedom in the Convention on
the High Seas to six types of freedom.
15 From the content of freedom of the high
seas, we may see that the differences and characteristics are mainly reflected in the
following three aspects.
10 See ICJ Reports, 1969, p. 51, para. 96.
11 See ICJ Reports, 1978, pp. 3–83.
12 See ICJ Reports, 2009, pp. 61–134.
13 See ICJ Reports, 1969, p. 51, para. 96.
14 See ICJ Reports, 1978, pp. 3–83. Also see Ozaki (1996).
15 For example, Article 2 of the Convention on the High Seas and Article 87 of the United Nations
Convention on the Law of the Sea.
45
of their living resources and preservation of the marine environment. Based on the
above-mentioned development stages and basic content of the UNCLOS, it can be
concluded that it mainly contains the following principles.
3.3.1 Principle of ‘Land Dominating the Sea’
Although the principle of ‘land dominating the sea’ is not directly regulated and
defined in the UNCLOS, there are many provisions embodying it, for example,
Articles 3, 5, 13, Paragraph 2 of Articles 33, 47 and 48, 57, Paragraphs 1 and 5 of
Article 76, Paragraphs 2 and 3 of Article 121. It is generally recognized that the
principle of land dominating the sea originated in the North Sea Continental Shelf
Case (1969)
10 and confirmed in the Aegean Sea Continental Shelf Case (1978)
11 and
the Maritime Delimitation in the Black Sea (2009) Case.
12 For example, in the North
Sea Continental Shelf Case, the International Court of Justice stated that the rights
of the coastal State over its continental shelf legally affiliate to the sovereignty of the
coastal State over the territory adjacent to the continental shelf and directly derived
from the coastal State’s sovereignty; the legal concept that the land dominates the sea
is applicable to the continental shelf.
13 In the Aegean Sea Continental Shelf Case,
the International Court of Justice stated that the coastal State naturally enjoys the
rights to explore and exploit resources in the continental shelf in international law.
Such rights reflect the exclusiveness of the sovereignty of the coastal State over the
land, i.e. the rights of the coastal State over the continental shelf are the extension of
the territorial sovereignty of the coastal State and they are automatically affiliated.
14
3.3.2 Principle of Freedom of the High Seas Especially
Freedom of Navigation and Overflight
The freedom of the high seas including the freedom of navigation and overflight in
the UNCLOS has been expanded from four types of freedom in the Convention on
the High Seas to six types of freedom.
15 From the content of freedom of the high
seas, we may see that the differences and characteristics are mainly reflected in the
following three aspects.
10 See ICJ Reports, 1969, p. 51, para. 96.
11 See ICJ Reports, 1978, pp. 3–83.
12 See ICJ Reports, 2009, pp. 61–134.
13 See ICJ Reports, 1969, p. 51, para. 96.
14 See ICJ Reports, 1978, pp. 3–83. Also see Ozaki (1996).
15 For example, Article 2 of the Convention on the High Seas and Article 87 of the United Nations
Convention on the Law of the Sea.