Introduction
In international law, the territory of a State means the land and sea areas over which the State has full power and control. A state’s territory has four main parts: land, territorial waters, airspace, and the seabed under the sea. The State’s power over these areas must follow international rules, especially the United Nations Convention on the Law of the Sea (UNCLOS) of 1982.
Main Parts of State Territory
A state’s territory consists of four main components. Each component defines the geographical area over which a state exercises its authority and control.
1. Land Territory
This includes the mainland, islands, and all other land under the state’s control. The State can make and enforce all laws on its land.
2. Territorial Waters (Territorial Sea)
These are the seawaters up to 12 nautical miles from the coast. The coastal state has full power over these waters, the air above them, and the seabed below them. However, foreign ships have the right of “innocent passage” — they can pass through peacefully without causing any harm.
3. Airspace
The State has complete control over the air above its land and territorial waters. Foreign planes normally need permission before they can fly there.
4. Seabed and Subsoil
The State owns the ground under its land and under its territorial waters. Beyond that, it has special rights over the continental shelf to use its natural resources.
Jurisdiction of Coastal States Over Different Sea Zones
UNCLOS 1982 sets clear rules for different sea zones near the coast. Each zone provides coastal states with different levels of authority, jurisdiction, and resource rights.
1. Internal Waters
These are waters on the land side of the baseline, such as ports, harbours, and some bays. The coastal state has full control. Foreign ships do not have an automatic right to enter.
2. Territorial Sea
This zone goes up to 12 nautical miles from the coast. The coastal state has full power over the water, air, and seabed. Foreign ships can pass through if their passage is peaceful and does not harm the coastal State.
3. Contiguous Zone
This zone goes up to 24 nautical miles from the coast. Here the coastal state can take action to stop or punish violations of its customs, tax, immigration, or health laws.
4. Exclusive Economic Zone (EEZ)
This zone goes up to 200 nautical miles from the coast. The coastal State has special rights to explore, use, protect, and manage the natural resources in the water and on the seabed. Other countries can still sail, fly, and lay cables and pipelines in this zone.
5. Continental Shelf
This is the seabed and the ground under it that stretches from the coast out to the edge of the land under the sea, or at least up to 200 nautical miles. The coastal state has exclusive rights to explore and use the natural resources there. These rights exist even if the State does not occupy the area.
6. High Seas
These are the open seas beyond all national zones. They belong to no one country. All states — coastal or landlocked — have freedom to sail, fly, fish, do research, and lay cables and pipelines on the high seas.
Comparison of Different Maritime Zones Under UNCLOS 1982
The following table summarises the different maritime zones and the extent of coastal State jurisdiction over each zone.
| Maritime Zone | Extent | Jurisdiction and Rights of Coastal States |
|---|---|---|
| Internal Waters | Landward side of the baseline | Full control over the waters. Foreign ships have no automatic right of entry. |
| Territorial Sea | Up to 12 nautical miles | Full sovereignty over the water, airspace, and seabed, subject to innocent passage. |
| Contiguous Zone | Up to 24 nautical miles | Limited enforcement powers relating to customs, tax, immigration, and health laws. |
| Exclusive Economic Zone (EEZ) | Up to 200 nautical miles | Sovereign rights over natural resources and certain jurisdictional powers. |
| Continental Shelf | At least 200 nautical miles, subject to applicable limits | Exclusive rights to explore and exploit natural resources of the seabed and subsoil. |
| High Seas | Beyond national maritime zones | Freedoms of navigation, overflight, fishing, scientific research, and laying cables and pipelines, subject to international law. |
Important Case Laws on State Territory and Maritime Jurisdiction
International courts have played an important role in explaining territorial sovereignty, maritime boundaries, and the rights of coastal states. The following cases are particularly significant.
1. Corfu Channel Case (1949)
The International Court of Justice said that ships have the right of peaceful passage through international straits.
2. Anglo-Norwegian Fisheries Case (1951)
The Court accepted Norway’s method of drawing straight baselines along its broken and island-filled coast.
3. North Sea Continental Shelf Cases (1969)
The Court explained how countries should fairly divide the continental shelf between them, based on fairness and the natural shape of the land under the sea.
4. Libya v. Malta (1985)
The Court again stressed that maritime boundaries must be drawn in a fair way so that both sides get a just result.
Conclusion
A state has full control over its land, internal waters, territorial sea, airspace, and the ground under them. Beyond the territorial sea, its rights become more limited.
In the contiguous zone it has some control for law enforcement. In the exclusive economic zone and continental shelf, it has special rights over resources. On the high seas, all countries share equal freedoms.
UNCLOS 1982 provides the main legal rules that balance the rights of coastal states with the freedoms of the rest of the world.
