Territorial Waters

The most fundamental aspect is sovereignty. Within its territorial waters, a nation exercises sovereignty akin to that over its land. This means it can make and enforce laws, regulate activities, and exploit resources.

Innocent passage is a crucial exception to complete sovereignty. Foreign ships have the right to pass through territorial waters peacefully, as long as they don't engage in activities that threaten the coastal state's security, such as spying or weapons testing. For example, a cargo ship traveling from Singapore to Dubai can pass through India's territorial waters without needing India's permission, provided it's just passing through.

The baseline is the starting point for measuring territorial waters. Normally, this is the low-water line along the coast. However, for deeply indented coasts or those with fringing islands, a system of straight baselines connecting appropriate points may be used. This can extend the reach of territorial waters significantly.

The contiguous zone extends 12 nautical miles beyond the territorial sea (up to 24 nautical miles from the baseline). Here, a state can enforce laws related to customs, fiscal matters, immigration, and sanitation. Think of it as a buffer zone to prevent violations of its laws before they enter the territorial sea.

The Exclusive Economic Zone (EEZ) extends up to 200 nautical miles from the baseline. While not part of the territorial sea, the coastal state has sovereign rights for exploring and exploiting natural resources, including fisheries, minerals, and energy. Other nations have freedom of navigation and overflight in the EEZ.

Island claims can be a major source of dispute. Under UNCLOS, islands are entitled to territorial waters, a contiguous zone, and an EEZ, just like mainland territory. However, 'rocks which cannot sustain human habitation or economic life of their own' only have territorial waters. This distinction is often at the heart of maritime boundary disputes, such as in the South China Sea.

Enforcement is key to asserting rights within territorial waters. Coastal states typically use their coast guard, navy, and other maritime agencies to monitor activities, intercept suspicious vessels, and enforce their laws. The recent apprehension of Iranians with contraband cigarettes in the EEZ off the coast of Gujarat demonstrates this enforcement in practice.

Criminal jurisdiction within territorial waters generally follows the flag state principle. This means that crimes committed on board a foreign vessel are usually handled by the country where the vessel is registered. However, the coastal state can intervene if the crime disturbs the peace of the country or involves its citizens.

Environmental protection is an increasingly important aspect of territorial water management. Coastal states have the right to enact laws to prevent pollution and protect marine ecosystems within their territorial waters. This includes regulating shipping, fishing, and offshore activities.

Disputes over maritime boundaries are common, especially where coastlines are close together. These disputes are usually resolved through negotiation, mediation, or adjudication by international courts, such as the International Court of Justice or the International Tribunal for the Law of the Sea.

India's Maritime Zones Act, 1976, defines India's territorial waters, contiguous zone, EEZ, and continental shelf. This Act aligns with UNCLOS and provides the legal framework for India to exercise its maritime rights and responsibilities.

The use of satellite phones is often restricted or banned in territorial waters due to security concerns. These devices can bypass local communication networks and potentially be used for illegal activities or by hostile actors. The recent alert regarding illegal satellite phone use in Indian waters highlights this concern.