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Origins -

The laws of the sea (also known as maritime law) date back to ancient civilizations, such as the Phoenicians and Greeks, who established basic principles governing the usage of sea routes for trade, all to ensure safety and fairness.

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Customary law -

Before formal international treaties, customary law developed through consistent practices followed by states and seafarers. These practices over time were accepted as binding and shaped the early foundations of modern maritime law.

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The Law of Nations -

In the 17th century, Dutch philosopher Hugo Grotius wrote Mare Liberum, which argued that the seas should be free for all to navigate. This laid the philosophical foundation for international laws governing open seas, contrasting with other claims of sovereignty over the oceans.

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Freedom of navigation -

One of the most important principles in maritime law is the freedom of navigation. This concept allows vessels to travel through international waters without interference from other nations, provided they do not violate specific international laws.

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UNCLOS -

In 1982, the United Nations adopted the Convention on the Law of the Sea (UNCLOS), which is a comprehensive framework governing maritime activities. The convention rules on how nations are allowed to conduct themselves in territorial waters and exclusive economic zones, as well as seabed mining.

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Territorial waters -

Under UNCLOS, territorial waters extend up to 12 nautical miles (22.2 km) from a nation’s coast. Inside this area a state has full sovereignty over the airspace, seabed, and subsoil.

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Exclusive Economic Zones (EEZs) -

UNCLOS introduced the concept of Exclusive Economic Zones (EEZs), which gives coastal nations the right to explore, exploit, and manage resources up to 200 nautical miles (370.4 km) from their shores. These rights, however, cannot impede the rights of other nations to navigate or lay cables.

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Contiguous zone -

The contiguous zone, established under UNCLOS, extends from 12 to 24 nautical miles (22.2 to 44.5 km) from a nation’s coast. Within this zone, states can enforce laws related to customs, immigration, and sanitation.

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The high seas -

The high seas, as defined by UNCLOS, are areas beyond any nation's jurisdiction. They are considered international waters, where freedom of navigation, fishing, and research are respected, but governed by international treaties and regulations.

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Continental shelf -

UNCLOS allows coastal states to claim rights over the continental shelf beyond their territorial waters up to 350 nautical miles (648.2 km), granting them access to resources such as oil, gas, and minerals found on the seabed.

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Piracy -

Maritime law also covers issues like piracy, which remains a persistent threat even in modern times. Coastal nations have an obligation to suppress piracy on the high seas, which they do by seizing pirate ships and prosecuting offenders.

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Environmental protection -

One key provision of the Convention on the Law of the Sea is that coastal countries must contribute to environmental protection. They must do all they can to prevent, reduce, and control pollution of the marine environment from any source.

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Nationality -

Every ship that passes on the high sees has a nationality assigned to it, based on the country in which it was registered. The flag state has jurisdiction over the ship and must ensure that it complies with national and international laws.

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Search and rescue -

Maritime law also requires states collaborate in search and rescue operations. The International Convention on Maritime Search and Rescue (SAR) obligates coastal states to provide assistance to those in distress, regardless of nationality.

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Liability for pollution -

Per international conventions, liability for oil spills is placed on the owner of the ship, and they are required to provide compensation to affected coastal nations, as well as victims.

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Submarine cables and pipelines -

Maritime law governs the laying of submarine cables and pipelines on the seabed. Under UNCLOS, all states have the right to lay such infrastructure in the high seas and exclusive economic zones, provided they do not infringe on the rights of coastal states.

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Scientific research -

Countries that wish to conduct research in foreign waters must first obtain consent from the coastal state in which the research will be undertaken.

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Seabed mining - The International Seabed Authority (ISA) was established by the United Nations in 1994 to regulate mining activities in the seabed beyond national jurisdiction.

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International Seabed Authority -

Under international law, the open ocean is under the jurisdiction of all countries. In order to keep seabed mining and resources equitable for all nations across the globe, the benefits of exploration and exploitation are shared among states.

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Innocent passage -

Ships are allowed to traverse through a country’s territorial waters without any negative outcome, provided they do not engage in activities harmful to the peace, security, or environment of the coastal state.

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Straits -

Certain straits around the world (which are essential for international navigation) have specific rules. Coastal states cannot impede transit passage, which ensures that vessels and aircraft can move freely through narrow straits that connect parts of the high seas.

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Warships -

Warships and government-owned vessels have sovereign immunity, which means they are not subject to foreign jurisdiction. However, they must still comply with international laws, including respect for territorial waters and pollution regulations.

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Control and inspection -

Coastal states have the authority to inspect foreign ships in their ports to verify compliance with international standards, especially when it comes to safety, pollution prevention, and crew welfare.

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Landlocked states -

In order to ensure that landlocked nations (such as Lesotho, pictured) are not disadvantaged, the United Nations also grants them the right of access to and from the sea, including freedom of transit through neighboring coastal states.

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Marine insurance -

If vessels, cargo, or crew are lost during transit on the high seas, marine insurance is applied to these situations, which is governed by maritime law. In cases of maritime accidents, the law also compensates for damages, including injuries or loss of goods at sea.

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Fishing rights and conservation -

UNCLOS regulates fishing activities and emphasizes the need for conservation and sustainable use of marine resources. Coastal states have the authority to manage fishing within their economic zone, while international cooperation is required for shared fish stocks.

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Humanitarian law -

During times of conflict and war, maritime law protects civilian vessels and hospital ships to ensure that all parties involved in naval warfare adhere to the rules of war at sea.

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Shipwrecks and cultural heritage -

Maritime law includes provisions for the protection of shipwrecks and underwater cultural heritage. The UNESCO Convention on Underwater Cultural Heritage encourages states to preserve historical artifacts and wrecks.

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Polar regions -

As interest in the Arctic and Antarctic grows, maritime law is evolving to address navigation in polar regions. The Polar Code, for example, sets stricter safety and environmental standards for ships operating in these fragile ecosystems.

Sources: (NOAA’s National Ocean Service) (United Nations) (Britannica) (ScienceDirect) (National Oceanic and Atmospheric Administration) (International Maritime Organization)

See also: The most unbelievable man-made disasters in history

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