212 



threatens "the continued viability of marine life." This poses serious threats 

 not only to marine life but to terrestrial life as well since seventy percent of 

 the earth's oxygen is replenished through the photosynthetic process with 

 plankton in the seas. Apart from this danger, pollution also poses a threat to 

 human health, to the survival of species, to amenities and recreational v^lues^ 

 and to economically valuable food resources. 



IV. THE PRESENT STATE OF THE LAW OF THE SEA 



Under international law the seaa have been regarded as the "commons" of 

 mankind, an international waterway and area which is not subject to the con- 

 trol or appropiiatiou by any single nation. This notion is reflected in the prin- 

 ciple of "freedom of the high seas." However, the freedom in the international 

 area of the oceans has been subject to certain limited controls of the coastal state 

 for the protection of its security and for other purposes. Initially in international 

 law the coastal state could claim a territorial sea of three miles to protect its 

 security, that being the distance of a cannon shot. The area of the oceans which 

 is subject to "national jurisdiction" by the coastal state has continued to enlarge 

 from three to twelve miles, and, as some states claim, to a distance of 200 miles. 

 Thus one of the basic problems in the law of the sea is the conflict and tension 

 between international control and regulation and coastal state jurisdiction, and 

 the resolution of this conflict may have an important bearing upon the effective 

 control of ocean pollution. 



The law of the sea is regulated to a large extent by the four 1958 Geneva con- 

 ventions on the law of the sea. namely : (1) the Convention on the Territorial Sea 

 and the Contiguous Zone; (2) the Convention on the Continental Shelf; (3) the 

 Convention on Fisheries and the Conservation of Living Resources ; and (4) the 

 Convention on the High Seas. 



Under these conventions the ocean is divided into various zones of jurisdiction 

 which include : (a) internal waters ; (b) the territorial sea ; (c) the contiguous 

 zone; (d) the continental shelf and (e) the high seas. 



(a) Internal Waters : In internal waters, such as a bay or a river, the coastal 

 state has absolute jurisdiction. This would include absolute jurisdiction to regu- 

 late pollution. 



(b) The Territorial Sea : In the zone of the ocean known as "territorial sea," 

 the coastal state has full and complete sovereignty, just as it does over its land, 

 to regulate activities in that sea with one main exception. This exception is the 

 right of innocent passage by other vessels through the territorial sea. Since the 

 coastal state has complete jurisdiction in its area except for the right of innocent 

 passage, it may regulate all activities, including those posing a danger to the 

 marine environment such as pollution from tankers, overfishing, etc. 



However, the basic question here is how far out this marginal belt of the sea 

 extends. Under customary international law up until 1930, a majority of states 

 authorized a territorial sea which extended no further than three miles from the 

 coast. Since that time more and more states have abandoned the three-mile rule. 

 Probably today the majority of states support a territorial sea of twelve milCvS 

 from the shoreline. The United States still adheres to the old three-mile rule, but 

 it is willing to adopt the twelve-mile limit if its naval vessels and submarines are 

 assured a right of passage through international straits. Thus tlie trend in inter- 

 national law is toward a territorial sea of twelve miles. 



A minority of states go even further and claim complete jurisdiction over the 

 high seas to' a distance of 200 miles. This includes approximately thirteen Latin 

 American States. The number of these states is growing and is not confined to 

 Latin America. Thus Nigeria has extended its territorial sea to 30 miles, and 

 Iceland, to protect its fisheries, has recently extended its fisheries jurisdiction to 

 50 miles. At the 1958-1960 Geneva conferences on the law of the sea. no agree- 

 ment was reached on the breadth of the territorial sea. This explains why so 

 many states have abandoned the three-mile rule in favor of a twelve-mile terri- 

 torial sea and why other states have gone even further in advocating a 200-mile 

 limit. Whether a state can or should be allowed, under any newly created legal 

 rules, to claim control beyond 12 to 200 miles is important from an environmental 

 point of view ; for it is in the area over the continental shelves that the ocean is 

 most biologically rich and fertile and, unfortunately, it is also the most polluted 

 area. 



(c) The Contiguous Zone : Under Article 24 of the 1958 Geneva Convention on 

 the Territorial Sea and the Contiguous Zone, the coastal state has limited juris- 



