Regarding the United Nations Convention on the Law of Sea, consider the following statements:

1. A coastal state has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from a baseline determined following the convention.

2. Ships of all states, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.

3. The Exclusive Economic Zone shall not extend beyond 200 nautical miles from the baseline from which the breadth of the territorial sea is measured.

Which of the statements given above are correct?

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  1. 1 and 2 only
  2. 2 and 3 only
  3. 1 and 3 only
  4. 1, 2 and 3

Answer (Detailed Solution Below)

Option 4 : 1, 2 and 3
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The correct answer is 1, 2, and 3.

Key Points

United Nations Convention on the Law of the Sea (UNCLOS)

  • The United Nations Convention on the Law of the Sea (UNCLOS), 1982 is an international agreement that establishes the legal framework for marine and maritime activities.
  • It is also known as the Law of the Sea. It divides marine areas into five main zones namely- Internal Waters, Territorial Sea, Contiguous ZoneExclusive Economic Zone (EEZ) and the High Seas.
  • Every state has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines determined following this Convention. Hence, Statement 1 is correct.
  • It is the only international convention which stipulates a framework for state jurisdiction in maritime spaces. It provides a different legal status to different maritime zones.
  • The Exclusive Economic Zone shall not extend beyond 200 nautical miles from the baseline from which the breadth of the territorial sea is measured. Hence, Statement 3 is correct.
  • It provides the backbone for offshore governance by coastal states and those navigating the oceans.
  • It not only zones coastal states’ offshore areas but also provides specific guidance for states’ rights and responsibilities in the five concentric zones.
  • While UNCLOS has been signed and ratified by nearly all the coastal countries in the South China Sea, its interpretation is still hotly disputed.
  • There is a maritime dispute in the East China Sea as well.
  • The innocent passage has been codified in the United Nations Convention on the Law of the Sea (UNCLOS III) was adopted in 1982, it is also known as the Law of the Sea Treaty. Its purpose is to establish a comprehensive set of rules governing the oceans and to replace previous U.N. Conventions on the Law of the Sea, 1958 (UNCLOS I) which was adopted in 1958 and another in 1960 (UNCLOS II) since these two conventions were believed to be inadequate. 
  • Ships of all states, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea. Hence, Statement 2 is correct.
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