Coastal, Flag and Port State Jurisdictions: Powers and Other Considerations Under UNCLOS

Abstract

The manifestations of the state as a public law entity reveals itself in many ways. One particular way in which it does so is through the powers of control, legislative and enforcement jurisdiction that is afforded the State through customary international law and public law treaties. The United Nations Convention on the Law of the Sea, in its codification and crystallization efforts, takes cognizance of the practice of states having due regard to historical antecedents. The practice of States have evolved over time. The practice, coupled with the increased use of technology, has undoubtedly impacted the application of the international rules in respect of the coastal, flag and port state jurisdiction. In recent times, the rules have been interpreted to take account of evolving developments. This paper deals with the zonal and functional approaches as expressed through UNCLOS. The zones of the internal waters, territorial seas, contiguous zone, exclusive economic zone and the high seas beyond national jurisdiction as captured by UNCLOS are dealt with in relation to the functional underpinnings that gird the demarcation of the zones. The coastal State’s powers of legislation, jurisdiction and enforcement are examined in the light of modern considerations and so are the issues attendant to port and flag State jurisdiction. Recent pronouncements of the International Tribunal of the Law of Sea is cited to shed light on the functional approach to the utilization of the zones and the limits of the powers of the coastal State.