International Waters
By:
Sharen Alzalip (Managing Partner) MBA (UWS), LL.B (Hons) (IIUM)
September 13, 2025
I was on my way to Riau Achipelago province (Provinsi Kepulauan Riau) in Indonesia- bringing my family for holiday in conjunction with long holiday in Malaysia. This is the photo of a passageway that lies between Malaysia and Singapore; which i took it myself.
Malaysia is on the right, and Singapore is on the left. We’re cruising in the middle of the strait. From time to time, we can see Singapore’s patrol boats conducting their routine surveillance. This view fascinates me and it reminds me of the international waterways, EEZ and etc under the international laws- it gives idea to write this.
Exclusive Economic Zone (EEZ)
Under international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS), each coastal state is entitled to an Exclusive Economic Zone (EEZ) extending up to 200 nautical miles from its baseline (the low-water mark along its coast).
UNCLOS, Article 57 – Breadth of the exclusive economic zone says as follows:
“The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.”
The EEZ gives the coastal state sovereign rights over natural resources (fishing, oil, gas, etc.) but not full sovereignty as it has over its territorial waters. Other states may still enjoy freedom of navigation and overflight. Any unauthorized resource exploitation or encroachment within a state’s EEZ may be considered a violation of that state’s rights.
UNCLOS, Article 56(1) – Rights, jurisdiction and duties of the coastal State, says the following:
“In the exclusive economic zone, the coastal State has:
(a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds;
(b) jurisdiction as provided for in the relevant provisions of this Convention with regard to:
(i) the establishment and use of artificial islands, installations and structures;
(ii) marine scientific research;
(iii) the protection and preservation of the marine environment;
(c) other rights and duties provided for in this Convention.”
Under UNCLOS, Article 58(1) – Rights and duties of other States in the exclusive economic zone; it says:
“In the exclusive economic zone, all States, whether coastal or land-locked, enjoy, subject to the relevant provisions of this Convention, the freedoms referred to in article 87 of navigation and overflight and of the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines, and compatible with the other provisions of this Convention.”
International Waters (High Seas)
Beyond the EEZ lies the high seas, also known as “international waters”. Within the international waters:
International maritime traffic passes freely through these waterways, similar to a common highway that no single country owns.
Under UNCLOS, Article 89 – Invalidity of claims of sovereignty over the high seas, it says that no State may validly purport to subject any part of the high seas to its sovereignty.
Furthermore, under UNCLOS, Article 87(1) – Freedom of the high seas; it mentions that the high seas are open to all States, whether coastal or land-locked. Freedom of the high seas is exercised under the conditions laid down by the Convention and by other rules of international law. It comprises, inter alia, both for coastal and land-locked States and it guarantees the following freedom:-
Responsibility in Case of Incidents At Sea
If an untoward incident occurs in international waters, the primary responsibility usually lies with the flag state—the country where the vessel is registered.
Every vessel must be registered under a particular state flag, and the laws of that flag state apply to it. That’s why you’ll always see vessels flying a flag—it shows their nationality and legal jurisdiction.
Under UNCLOS, Article 94(1) – Duties of the flag State, it says the as follows:
“Every State shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.”
UNCLOS, Article 91(1) – Nationality of ships further says:
“Every State shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag. Ships have the nationality of the State whose flag they are entitled to fly.”
In addition, under the International Convention for the Safety of Life at Sea (SOLAS) and the International Convention on Maritime Search and Rescue (SAR), nearby ships and coastal states also have duties to render assistance, regardless of nationality.
SOLAS, Chapter V, Regulation 33 – Distress Situations: Obligations and procedures stipulates that:
“The master of a ship at sea which is in a position to be able to provide assistance, on receiving information from any source that persons are in distress at sea, is bound to proceed with all speed to their assistance, if possible informing them or the search and rescue service that the ship is doing so. This obligation to provide assistance applies regardless of the nationality or status of such persons or the circumstances in which they are found.”
SAR Convention, Chapter 2.1.10 provides:
“Parties shall ensure that assistance be provided to any person in distress at sea. They shall do so regardless of the nationality or status of such a person or the circumstances in which that person is found.”
Disclaimer: The contents are for general information purposes only and do not constitute legal advice and should not be relied upon as such.
I was on my way to Riau Achipelago province (Provinsi Kepulauan Riau) in Indonesia- bringing my family for holiday in conjunction with long holiday in Malaysia. This is the photo of a passageway that lies between Malaysia and Singapore; which i took it myself.
Malaysia is on the right, and Singapore is on the left. We’re cruising in the middle of the strait. From time to time, we can see Singapore’s patrol boats conducting their routine surveillance. This view fascinates me and it reminds me of the international waterways, EEZ and etc under the international laws- it gives idea to write this.
Exclusive Economic Zone (EEZ)
Under international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS), each coastal state is entitled to an Exclusive Economic Zone (EEZ) extending up to 200 nautical miles from its baseline (the low-water mark along its coast).
UNCLOS, Article 57 – Breadth of the exclusive economic zone says as follows:
“The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.”
The EEZ gives the coastal state sovereign rights over natural resources (fishing, oil, gas, etc.) but not full sovereignty as it has over its territorial waters. Other states may still enjoy freedom of navigation and overflight. Any unauthorized resource exploitation or encroachment within a state’s EEZ may be considered a violation of that state’s rights.
UNCLOS, Article 56(1) – Rights, jurisdiction and duties of the coastal State, says the following:
“In the exclusive economic zone, the coastal State has:
(a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds;
(b) jurisdiction as provided for in the relevant provisions of this Convention with regard to:
(i) the establishment and use of artificial islands, installations and structures;
(ii) marine scientific research;
(iii) the protection and preservation of the marine environment;
(c) other rights and duties provided for in this Convention.”
Under UNCLOS, Article 58(1) – Rights and duties of other States in the exclusive economic zone; it says:
“In the exclusive economic zone, all States, whether coastal or land-locked, enjoy, subject to the relevant provisions of this Convention, the freedoms referred to in article 87 of navigation and overflight and of the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines, and compatible with the other provisions of this Convention.”
International Waters (High Seas)
Beyond the EEZ lies the high seas, also known as “international waters”. Within the international waters:
- No sovereign state may claim ownership of this area.
- All states enjoy the freedom of navigation, overflight, and the laying of submarine cables and pipelines.
International maritime traffic passes freely through these waterways, similar to a common highway that no single country owns.
Under UNCLOS, Article 89 – Invalidity of claims of sovereignty over the high seas, it says that no State may validly purport to subject any part of the high seas to its sovereignty.
Furthermore, under UNCLOS, Article 87(1) – Freedom of the high seas; it mentions that the high seas are open to all States, whether coastal or land-locked. Freedom of the high seas is exercised under the conditions laid down by the Convention and by other rules of international law. It comprises, inter alia, both for coastal and land-locked States and it guarantees the following freedom:-
- freedom of navigation;
- freedom of overflight;
- freedom to lay submarine cables and pipelines
- freedom to construct artificial islands and other installations permitted under international law
- freedom of fishing
- freedom of scientific research.
Responsibility in Case of Incidents At Sea
If an untoward incident occurs in international waters, the primary responsibility usually lies with the flag state—the country where the vessel is registered.
Every vessel must be registered under a particular state flag, and the laws of that flag state apply to it. That’s why you’ll always see vessels flying a flag—it shows their nationality and legal jurisdiction.
Under UNCLOS, Article 94(1) – Duties of the flag State, it says the as follows:
“Every State shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.”
UNCLOS, Article 91(1) – Nationality of ships further says:
“Every State shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag. Ships have the nationality of the State whose flag they are entitled to fly.”
In addition, under the International Convention for the Safety of Life at Sea (SOLAS) and the International Convention on Maritime Search and Rescue (SAR), nearby ships and coastal states also have duties to render assistance, regardless of nationality.
SOLAS, Chapter V, Regulation 33 – Distress Situations: Obligations and procedures stipulates that:
“The master of a ship at sea which is in a position to be able to provide assistance, on receiving information from any source that persons are in distress at sea, is bound to proceed with all speed to their assistance, if possible informing them or the search and rescue service that the ship is doing so. This obligation to provide assistance applies regardless of the nationality or status of such persons or the circumstances in which they are found.”
SAR Convention, Chapter 2.1.10 provides:
“Parties shall ensure that assistance be provided to any person in distress at sea. They shall do so regardless of the nationality or status of such a person or the circumstances in which that person is found.”
Disclaimer: The contents are for general information purposes only and do not constitute legal advice and should not be relied upon as such.
