Maritime Zones Within The Limits Of National Jurisdiction

By ABIOLA FALASE ALUKO

The United Nations Convention on The Law of The Sea 1982 established with due regard to the sovereignty of all States, a legal order for the sea and oceans which will facilitate international communication and promote the peaceful uses of the sea and oceans. This legal order will effect an equitable and efficient utilisation of and conservation of the ocean's resources, and also promote the study, protection and preservation of the marine environment, I Nigeria is one of the world 120 coastal States as such, the Convention is of great significance in the ascertainment of her rights and obligation in maritime zones that fall within the limits of her jurisdiction.
The Convention establishes a zonal system which stipulates the scope and limits of the rights and obligations of coastal states. It makes provisions in respect of nine zones two of which, the exclusive economic zone and the Area (deep sea-bed), are entirely new legal' regimes. Others are zones which have acquired cognition in international law; some zones are within the limits of national jurisdiction of coastal States while others are designated as the common heritage of mankind.
The maritime zones which fall within the limits of the national jurisdiction of Nigeria are: the Internal Waters,2 the Territorial Sea,3 the Archipelagic Waters, the Contiguous Zone,4 the Exclusive Economic- Zone, and the Continental shelf.6 The High Sea which comprises of the water column and airspace above the oceans7 and the Area which consists of the sea bed and subsoil which lie beyond the limits of national jurisdiction are zones over which no State can exercise or claim Sovereignty. The maritime zones are an important delimitation of the jurisdiction of the coastal State to exploit, or explore for mineral, energy, or living resources. The degree of jurisdiction that can be claimed by the State will depend on the particular regime of each zone. As we shall see, this varies from full sovereignty in the case of internal waters to restricted sovereign rights in the continental shelf.
The Internal Waters
Waters on the landward side of the baseline of the territorial sea form part of the internal waters of these States. This includes all rivers, lakes, canals and ports. A historic bay which is so designated by reason of historic title is part of the internal waters even if it is not on the
landward side of the baseline.
The different maritime zones are measured by reference to a baseline. which is an artificial line which is determined by the coastal state in accordance with provisions in the Convention. Certain rules are to be applied to highly indented coasts, as for example, river mouths, bays, ports and roadsteads. There are also special rules for the determination of the baseline of islands and low tide elevations. Baselines once determined by the State are to be shown on charts or defined by geographical coordinates which must be given due publicity; a copy of each such chart of list of geographical co-ordinates shall be deposited with the Secretary General of the United Nations. The baseline gives judicial definition to the coast of a coastal State from which the States maritime zones are measured.
The baseline essentially demarcates the area of territorial sovereignty: of the State from the area which is subject to the provisions of the Convention. However the convention still has some application to the internal waters in its provisions relating to the right of transit landlocked States,14 in pollution matters and in access to ports an41 assistance for vessels involved in marine scientific research.16 . The Convention otherwise does not apply to activities that occur within the internal waters of a State such as fishing, scientific research, mining laying of submarine cables, over flight, imposition of environmental legislation and navigation.
Thus, the State can exercise its" full sovereignty as provided in laws and as provided by international law in its internal waters. foreign vessel in such waters is subject to the civil and jurisdiction of the State.
The key distinction between the internal waters and ... the adjaee territorial sea is that there is no right of innocent passage through in the waters. Only where the establishment of a baseline has .the effect established.    
Nigeria's sovereignty as a coastal· State extends beyond its land territory and internal waters to the. territorial sea and this includes the air space over and the sea bed and sub soil of the territorial sea. Its sovereignty over this zone is coterminous with its territorial sovereignty. However, this jurisdiction is, exercised subject to the Convention and to other rules of international law.
As far as overflight, fishing, laying of submarine cables and mining in the territorial sea are concerned, the jurisdiction of the coastal states is unhindered as the convention has no application over these areas. However in area such as navigation, scientific research, and environmental. regulations the: Convention makes' express' provisions which will impact on. National legislation.
With regard to navigation, ships of all State, whether coastal or land-locked enjoy the right of. innocent passage through the territorial sea. To enjoy the, privilege of innocent passage, the vessel must be having a continuous and expeditious passage.
Innocent passage is described as passage which is not prejudicial to the peace, good order or security of the coastal State. Passage of a foreign ship will be regarded as prejudicial to the interests of the State if it engages in any of the following.
(a)    any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State,
(b)    any exercise or practice with weapons of any kind,
c)  any act aimed at collecting information the prejudice of the defence or security of the coastal State,
* any act of propaganda aimed at affecting the defence or security of the coastal State,
the launching, landing or taking on board of any military device,
* the launching, landing or taking on board of any military device,
* the loading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and . regulations of the coastal State,
* any act of willful and serious pollution contrary to the Convention,
any fishing activities, the carrying out of research or survey activities,
any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State,
any other activity not having a direct bearing on passage.
To take action under any of these provisions, the State must show that a breach has occurred. For example what is “serious” pollution? What standard of measurement will determine pollution that is “serious” enough of contravene the provisions of the Convention? It would seem that the omnibus provision in Art 19 (2)(m) will provide a wide scope for activities which are borderline and provide some leeway for States which may be wary of acting under the rather restrictive provisions of Art. 19 for fear of being in breach of Art 24 which imposes a duty on the coastal State not to hamper the innocent passage of ships.
The coastal State may pass laws and regulations relating to innocent· passage in all or any of the following: in relation to the safety of' navigation and the regulation of maritime traffic; the protection of a navigational aids and facilities and other facilities or installations; the protection of cables and pipelines; the conservation of the living resources of the sea; the prevention of infringement of the fisheries laws and regulations of the coastal State; the preservation of the environment of the coastal State and the prevention, reduction and control of pollution thereof; marine scientific . research  and hydrographic surveys; the prevention of infringement of the customs, fiscal, immigration or sanitary laws and regulations of the coastal. State. However, the Coastal State may not pass legislation relating to the design, construction manning, or equipment of foreign ships unless they are giving effect to generally accepted international rules or standards and must in general not adopt any legislation that will have,. the effect of hindering the innocent passage of foreign ships and shall in particular not pass any laws or regulations which impose requirements on foreign ships which have the practical effect of denying or impairing the right of innocent of foreign ships and shall in particular not pass any laws or regulations which impose requirements on foreign ships which have the practical effect of denying or impairing the right of innocent passage or which discriminates in any way against the ships of any State.