Territorial waters are a crucial part of a country's maritime jurisdiction. In this article, we’ll define the term “territorial waters” and explain how it relates to maritime injury law.

Key Takeaways

• Territorial waters are a maritime zone extending 12 nautical miles from a country’s coastline
• Countries have full sovereignty over their territorial waters, giving them control over activities such as economic exploitation, conservation, and law enforcement
• Foreign vessels have the right of innocent passage through a country's territorial waters
• Countries may also claim an Exclusive Economic Zone beyond their territorial waters extending up to 200 nautical miles from the coastline
• Territorial waters are governed by international law, including the United Nations Convention on the Law of the Sea
• When an injury or accident occurs within a country's territorial waters, it falls under the jurisdiction of that country's legal system, including its maritime injury laws
• If the injury involves a foreign vessel, the legal situation may become more complex due to the involvement of international law and treaties

What Are Territorial Waters?

Territorial waters refer to a specific maritime zone that extends from a country's coastline and is recognized as an integral part of its sovereign territory. The extent of territorial waters is a subject of international law and is generally defined by national laws and international agreements.

Here are some characteristics of territorial waters:

• Extent: Territorial waters typically extend up to 12 nautical miles (about 22.2 kilometers) from a country's baseline, which is usually defined as the low-water line along its coast. This means that the country has full sovereignty over the waters within this boundary, including the air space above and the seabed below.
• Sovereignty: Within their territorial waters, countries have full control over various activities, including economic exploitation, conservation of natural resources, and law enforcement. They can regulate and enforce laws on customs, immigration, and environmental protection, among others.
• Foreign Vessels: Foreign vessels have the right of innocent passage through a country's territorial waters. Innocent passage refers to the right of vessels to traverse the territorial waters of a coastal state as long as they do not engage in any activities that threaten the country's peace, security, or environment. However, coastal states have the authority to enact regulations to ensure their security and protect their resources.
• Exclusive Economic Zone (EEZ): Beyond the 12 nautical miles of territorial waters, countries may claim an EEZ, which extends up to 200 nautical miles from their coastlines. In the EEZ, the coastal state has special rights regarding the exploration and exploitation of natural resources in both the water column and the seabed.
• International Law: Territorial waters are governed by international law, including the United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS provides a framework for the rights and responsibilities of coastal states and foreign vessels in territorial waters and other maritime zones.

Territorial Waters and Maritime Injury Law

When an injury or accident occurs within a country's territorial waters, it falls under the jurisdiction of that country's legal system, including its maritime injury laws. This means that if a person is injured while on a vessel within a coastal state's territorial waters, they may have legal rights and remedies under the coastal state's maritime injury laws.

The coastal state's laws and regulations regarding maritime injury will determine various aspects, such as liability, compensation, and the process for seeking legal remedies. For example, a person injured on a commercial vessel may have the right to seek compensation from the vessel's owner or operator, and the applicable law may dictate the procedures for filing a lawsuit or claim.

However, if the injury involves a foreign vessel, the legal situation may become more complex due to the involvement of international law and treaties. As mentioned earlier, foreign vessels have the right of innocent passage through territorial waters, but coastal states can still enforce certain regulations and standards for safety and environmental protection.

The resolution of maritime injury cases can involve negotiations, arbitration, or litigation, depending on the circumstances and the applicable laws. Additionally, some cases may be subject to international conventions, such as the International Convention for the Unification of Certain Rules of Law relating to Maritime Collisions (the "Collision Convention") or the International Convention on Civil Liability for Oil Pollution Damage (the "CLC Convention").

It's essential for individuals and entities engaged in maritime activities or affected by maritime incidents to be aware of the relevant laws and regulations governing territorial waters and maritime injury to protect their rights and interests in case of any unfortunate events. Consulting with legal experts experienced in maritime law can be beneficial for navigating the complexities of these legal matters.