Concept and legal classification of maritime waters
Maritime waters are natural bodies of water that surround and connect the Earth’s landmasses. In a legal context, the term refers to all water areas located outside inland waters and subject to specific international, European, and national regulatory regimes. The definition and delimitation of maritime waters are of significant importance in international law, especially regarding the determination of sovereign rights, usage rights, and obligations of neighboring coastal states.
Legal foundations and international regulatory frameworks
UN Convention on the Law of the Sea (UNCLOS)
The most important international regulatory framework for maritime waters is the United Nations Convention on the Law of the Sea (UNCLOS) from 1982. It governs the legal division and use of maritime zones, including the sovereign rights, rights of use, and protective duties of states in relation to maritime waters.
Other international agreements
In addition to UNCLOS, there are numerous other agreements and conventions that regulate specific aspects of maritime waters, such as the MARPOL Convention (protection against marine pollution), the International Convention for the Regulation of Whaling, or regional marine protection agreements.
Classification of maritime waters under international law
Internal waters
Internal waters are all water areas on the landward side of the baselines (normal or straight baselines) of a state’s coast, including river mouths, bays, and harbors. These waters are subject to the full sovereignty of the adjacent state.
Territorial sea (coastal sea)
The territorial sea extends up to 12 nautical miles (approx. 22.2 km) seaward from the baseline. The coastal state has extensive sovereign rights over the territorial sea but is subject to certain rights of passage (innocent passage) for foreign ships.
Contiguous zone
The contiguous zone adjoins the territorial sea seaward and extends up to 24 nautical miles from the baseline. Here, a state has limited control rights, such as to prevent and punish infringements of customs, fiscal, immigration, or sanitary regulations.
Exclusive Economic Zone (EEZ)
The EEZ extends up to 200 nautical miles (approx. 370.4 km) from the baseline. In this zone, the coastal state holds sovereign rights for the exploration, exploitation, conservation, and management of natural resources (both living and non-living) in the water, the seabed, and the subsoil beneath it.
Continental shelf
The continental shelf is the submarine extension of a coastal state’s landmass, up to 200 nautical miles wide. Under certain conditions, it may be extended beyond this distance. The coastal state has exclusive rights to explore and exploit mineral and other non-living resources on and under the seabed.
High seas
All maritime waters outside national jurisdictions, especially beyond the exclusive economic zone, are considered high seas. As a basic principle, the high seas are free for use by all states (freedom of the high seas), but they are also subject to particular regulations regarding marine environmental protection or combatting piracy.
Significance in German law
Demarcation and applicability
Under German law, maritime waters are primarily addressed in the Seeaufgabengesetz, the Coastal Sea Protection Act, and within the framework of the execution of international agreements. The Federal Republic of Germany exercises specific sovereign and control rights over the territorial sea, the contiguous zone, and the exclusive economic zone.
Jurisdiction and administration
Jurisdiction over actions concerning maritime waters lies with various authorities, such as the Federal Waterways and Shipping Administration and the Federal Maritime and Hydrographic Agency, which are responsible for numerous areas. In maritime nature protection and the use of marine resources, there are extensive regulations that implement international principles as well as European and national laws.
Special regulations relating to maritime waters
Protection of the marine environment
Environmental protection in the area of maritime waters is governed by a multitude of international and national regulations. These include measures to reduce pollution, protect rare species and habitats, and prevent the overexploitation of resources (fishing, raw materials, energy generation).
Use and economic activities
Maritime waters are of central importance for shipping, resource extraction (e.g. oil, gas, sand), fishing, the expansion of renewable energies (offshore wind energy), and research. Utilization concepts are managed by extensive administrative and legal coordination processes to ensure both economic interests and sustainable protection of the marine environment.
Marine surveying and delimitation
The precise surveying and delimitation of the individual sea zones is carried out using hydrographic and geodetic methods. The determination of maritime boundaries, such as between neighboring states, is subject to special procedures and can be the subject of international dispute resolution processes.
Summary
Maritime waters are comprehensively regulated by international, European, and national law. Their exact delimitation and the multitude of usage, protection, and control rights make them one of the most complex areas of public law. The legal classification of maritime waters has a direct impact on issues of resource utilization, environmental protection, and international relations. International agreements such as the UN Convention on the Law of the Sea are decisive for defining and applying legal provisions relating to maritime waters.
Frequently Asked Questions
Who is responsible for monitoring and enforcing legal regulations in maritime waters?
Responsibilities for monitoring and enforcing legal regulations in maritime waters are complex and determined by national and international frameworks. In principle, primary responsibility lies with the coastal state in whose territorial waters the sea area is located. Within the 12-nautical-mile limit (territorial sea), the coastal state exercises almost complete sovereignty and is responsible for compliance with all relevant environmental, safety, shipping, and fisheries regulations, typically through its national authorities such as the water police, customs, and environmental agencies. In the Exclusive Economic Zone (EEZ), which extends up to 200 nautical miles, the responsibilities of the coastal state particularly relate to the use, management, and protection of natural resources as well as environmental concerns. Beyond these areas, i.e., on the high seas, international rules such as the United Nations Convention on the Law of the Sea (UNCLOS) apply. Here, flag states—states under whose flag a ship is sailing—are primarily responsible, while certain control rights are held by international organizations like the International Maritime Organization (IMO). Additionally, regional agreements, such as regional fisheries agreements, also play a role in control and monitoring.
Which legal regulations apply to the protection of the environment in maritime waters?
The protection of the environment in maritime waters is governed by a complex network of national, European, and international regulations. Nationally, comprehensive laws such as the Water Resources Act (WHG) and the Environmental Damage Act set forth requirements for the protection and cleanliness of maritime waters, especially regarding pollutant input, wastewater discharge, and shipping traffic. At the European level, the Marine Strategy Framework Directive (2008/56/EC) is central, aiming for a good environmental status of maritime waters and prescribing, among other things, monitoring and action programs. Internationally, the MARPOL Convention (International Convention for the Prevention of Pollution from Ships) regulates the prevention of pollution from ships. The United Nations Convention on the Law of the Sea (UNCLOS) obliges all contracting states to undertake comprehensive measures for the protection of the marine environment and contains specific provisions regarding research, monitoring, and liability in cases of pollution.
What legal requirements apply to the economic use (e.g. fishing, resource extraction) of maritime waters?
The economic use of maritime waters, particularly fishing, oil and gas exploitation, and renewable energies (e.g., offshore wind farms), is subject to a multitude of legal regulations. Within national territorial waters up to 12 nautical miles and in the Exclusive Economic Zone (EEZ), uses typically require special permits or licenses issued by national authorities. Fishing is specifically regulated by the EU Common Fisheries Policy (CFP), which sets quotas, closed seasons, and technical measures. The extraction of resources such as oil, gas, or sand is governed by the Federal Mining Act and the United Nations Convention on the Law of the Sea. Such activities are subject to environmental impact assessments, safety requirements, and monitoring to minimize environmental damage. International agreements, for example on the management of fish stocks in international waters or deep-sea mining, also exist.
To what extent do special rules apply to shipping in maritime waters from a legal point of view?
Shipping is of central significance in maritime law and is governed by a wide range of regulations that vary depending on ship type, origin, and navigation area. In the territorial sea, coastal states have the right to issue traffic regulations, for example regarding speed limits, compulsory pilotage, or environmental requirements. Under the ‘innocent passage’ regime of UNCLOS, foreign ships may transit the territorial sea without prior permission as long as they do not endanger security, order, or the environment. In the EEZ, ships have a right of transit as long as they do not infringe on the resource rights of the coastal state. International regulations such as SOLAS (Safety of Life at Sea), MARPOL, and the Ballast Water Convention are decisive for safety and environmental protection. Moreover, there are particularly strict requirements in special sea areas, such as the Kiel Canal or marine protection areas.
What regulations apply to scientific research and marine exploration?
Scientific research activities in maritime waters are subject to special legal conditions. In the territorial sea and particularly in the EEZ, any scientific activity generally requires prior approval from the relevant coastal state, since the latter has the exclusive right to regulate research and to set conditions, for example regarding environmental compatibility, data exchange, and publication of research results. The Convention on the Law of the Sea (UNCLOS) obliges research states to notify the relevant coastal states in advance and grants the latter the right to participate in research, including access to samples and data. For deep-sea mining and related research, the International Seabed Authority (ISA) is responsible.
What liability rules apply in the event of environmental damage in maritime waters?
Liability for environmental damage in maritime waters is regulated nationally and internationally and depends on the party responsible and the extent of the damage. Nationally, the Environmental Damage Act and specific maritime and waste laws apply, requiring the party responsible to pay for remediation and compensation. International compensation agreements such as the International Convention on Civil Liability for Oil Pollution Damage (CLC) and the Fund Convention (FUND) provide for compensation for affected states and individuals, especially in cases of oil spills. Liability may also extend to flag states, operators, owners, and insurers. Enforcement is carried out through national courts, international arbitration, or intergovernmental negotiations.
How is the legal protection of marine protected areas implemented and monitored?
The legal protection of marine protected areas is governed by special regulations and laws at the national, European, and international level. Nationally, marine protected areas are usually designated by statutory instrument and are subject to detailed prohibitions and requirements, such as bans on certain fishing methods, shipping restrictions, or swimming bans. The EU regulates marine protection through networks such as Natura 2000 and the Marine Strategy Framework Directive. Internationally, the OSPAR Convention for the Northeast Atlantic provides for the designation and protection of protected areas. Implementation and monitoring are generally carried out by environmental agencies, coast guards, police, and administrative bodies, supported by surveillance measures such as satellite monitoring and on-site inspections. Penalties for violations range from administrative proceedings and fines to criminal consequences.
