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UNITED NATIONS UNITED NATIONS CONVENTION ON CONVENTION ON LAW OF THE SEA LAW OF THE SEA
46

Unclos III

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Page 1: Unclos III

UNITED NATIONS UNITED NATIONS CONVENTION ON CONVENTION ON LAW OF THE SEALAW OF THE SEA

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UNCLOS IUNCLOS I TERITORIAL SEA AND THE TERITORIAL SEA AND THE

CONTIGUOUS ZONE (10 SEP 1964).CONTIGUOUS ZONE (10 SEP 1964). HIGH SEAS (30 SEP 1962).HIGH SEAS (30 SEP 1962). CONVENTION ON FISHING & LIVING CONVENTION ON FISHING & LIVING

RESOURSES OF HIGH SEAS (20 MAR RESOURSES OF HIGH SEAS (20 MAR 1966).1966).

CONVENTION ON CONTINENTAL SHELF CONVENTION ON CONTINENTAL SHELF

(10 JUN 1964).(10 JUN 1964).

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UNCLOS IIUNCLOS II

TERRITORIAL SEA.TERRITORIAL SEA.

EXCLUSIVE FISHERY EXCLUSIVE FISHERY

ZONE.ZONE.

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6 nm

TERRITORIALSEA

6 nm

EXCLUSIVE ORPARTIALLY EXCLUSIVE

FISHERY ZONE

AS PER UNCLOS II( MAR - APR 1960 )

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UNCLOS IIIUNCLOS III 11STST SESSION SESSION 19731973 NEW YORKNEW YORK 22NDND SESSION SESSION 19741974 CARACASCARACAS 33RDRD SESSION SESSION 19751975 GENEVAGENEVA 44THTH SESSION SESSION 19761976 NEW YORKNEW YORK 55THTH SESSION SESSION 19761976 NEW YORKNEW YORK 66THTH SESSION SESSION 19771977 NEW YORKNEW YORK 77THTH SESSION SESSION 19781978 GENEVA AND NEW YORKGENEVA AND NEW YORK 88THTH SESSION SESSION 19791979 GENEVA AND NEW YORKGENEVA AND NEW YORK 99THTH SESSION SESSION 19801980 NEW YORK AND GENEVANEW YORK AND GENEVA 1010TH TH SESSIONSESSION 19811981 NEW YORK AND GENEVANEW YORK AND GENEVA 1111THTH SESSION SESSION 19821982 NEW YORKNEW YORK FINAL SESSIONFINAL SESSION 19821982 MONTEGO BAY, JAMAICAMONTEGO BAY, JAMAICA

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CONVENTIONS ON THE CONVENTIONS ON THE LAW OF THE SEALAW OF THE SEA

TERRITORIAL SEA AND TERRITORIAL SEA AND CONTIGUOUS ZONE.CONTIGUOUS ZONE.

INTERNATIONAL STRAITS.INTERNATIONAL STRAITS. EXCLUSIVE ECONOMIC ZONE.EXCLUSIVE ECONOMIC ZONE. CONTINENTAL SHELF.CONTINENTAL SHELF. HIGH SEAS.HIGH SEAS. MARINE ENVIRONMENT AND MARINE ENVIRONMENT AND

SCIENTIFIC RESEARCH.SCIENTIFIC RESEARCH. SETTLEMENT OF DISPUTES.SETTLEMENT OF DISPUTES.

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DIVISION OF WATERS OF DIVISION OF WATERS OF THE GLOBETHE GLOBE

INTERNAL WATERS. INTERNAL WATERS.

TERRITORIAL WATERS.TERRITORIAL WATERS.

CONTIGUOUS WATERS.CONTIGUOUS WATERS.

CONTINENTAL SHELF.CONTINENTAL SHELF.

HIGH SEAS.HIGH SEAS.

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INTERNAL WATERSINTERNAL WATERSTHE INTERNAL WATERS OF THE THE INTERNAL WATERS OF THE STATE COMPRISE BOTH SALT AND STATE COMPRISE BOTH SALT AND FRESH WATERS WHICH LIE WITHIN FRESH WATERS WHICH LIE WITHIN THE BASE LINE OF TERRITORIAL THE BASE LINE OF TERRITORIAL WATERS. THESE INCLUDE RIVERS WATERS. THESE INCLUDE RIVERS AND FRESH WATER LAKES, THE AND FRESH WATER LAKES, THE WATERS WITHIN PORTS AND WATERS WITHIN PORTS AND CERTAIN OTHER LAND LOCKED CERTAIN OTHER LAND LOCKED WATERS.WATERS.

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TERRITORIAL SEA/WATERTERRITORIAL SEA/WATER

EXTENDS TO 12 NM FROM NEAREST EXTENDS TO 12 NM FROM NEAREST

POINT OF THE APPROPRIATE BASE POINT OF THE APPROPRIATE BASE

LINE. HOST COUNTRY HAS LINE. HOST COUNTRY HAS

ABSOLUTE SOVEREIGNITY WITH ABSOLUTE SOVEREIGNITY WITH

RESPECT TO WATERS, SEABED AND RESPECT TO WATERS, SEABED AND

SUB SOIL UNDERLYING AND AIR SUB SOIL UNDERLYING AND AIR

SPACE ABOVE.SPACE ABOVE.

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BASE LINEBASE LINEIT IS THE LINE FROM WHICH THE IT IS THE LINE FROM WHICH THE DISTANCE OF EACH MARITIME DISTANCE OF EACH MARITIME ZONE IS TO BE RECKONED. BASE ZONE IS TO BE RECKONED. BASE LINE PORT MEASURING BREADTH LINE PORT MEASURING BREADTH OF TERRITORIAL SEA IS LOW OF TERRITORIAL SEA IS LOW WATER LINE ALONG THE COAST WATER LINE ALONG THE COAST AS MARKED ON LARGE SCALE AS MARKED ON LARGE SCALE CHART.CHART.

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Hydrographicshore line

Geodeticshore line

Limit fordrying heights

High water level

Mean sea level (MSL)

Low Water Line

Coastal Area Low water level

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INTERNAL WATER

BASE LINE

TERRITORIALWATER

Upto 12 nm

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STRAIGHT BASE LINESTRAIGHT BASE LINE

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36 NM

24 N

M

BASE LINE WHERE BAY

NARROWS TO 24 NM

BASE LINE

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RIVER MOUTHBASE LINE

RIVER MOUTHSRIVER MOUTHS

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TERRITORIAL SEATERRITORIAL SEA

Piers as BaselinePiers as Baseline

HARBOUHARBOURR

WORKSWORKS

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ARCHIPELAGIC BASE LINEARCHIPELAGIC BASE LINE

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CONTIGUOUS ZONECONTIGUOUS ZONEEXTENDS TO 24 NM FROM EXTENDS TO 24 NM FROM APPROPRIATE BASE LINE. CENTRAL APPROPRIATE BASE LINE. CENTRAL GOVERNMENT CAN INSTITUTE GOVERNMENT CAN INSTITUTE NECESSARY MEASURES WITH NECESSARY MEASURES WITH RESPECT TO:RESPECT TO:

SECURITY OF SRI LANKA.SECURITY OF SRI LANKA. IMMIGRATION.IMMIGRATION. SANITATION.SANITATION. CUSTOMS. CUSTOMS. FISCAL MEASURES.FISCAL MEASURES.

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TERRITORIALSEA

CONTIGUOUS ZONE

24 nm

12 nm

BASE LINE

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CONTINENTAL SHELFCONTINENTAL SHELF IT COMPRISES THE SEABED AND SUBSOIL IT COMPRISES THE SEABED AND SUBSOIL

OF THE SUBMARINE AREAS THAT EXTEND OF THE SUBMARINE AREAS THAT EXTEND BEYOND THE LIMIT OF ITS TERRITORIAL BEYOND THE LIMIT OF ITS TERRITORIAL WATERS THROUGHOUT THE NATURAL WATERS THROUGHOUT THE NATURAL PROLONGATION OF ITS LAND TERRITORY PROLONGATION OF ITS LAND TERRITORY TO THE OUTER EDGE OF THE TO THE OUTER EDGE OF THE CONTINENTAL MARGIN;CONTINENTAL MARGIN;

OROR EXTENDS TO 200 NM FROM APPROPRIATE EXTENDS TO 200 NM FROM APPROPRIATE

BASE LINE IF OUTER EDGE DOES NOT BASE LINE IF OUTER EDGE DOES NOT EXTEND TO 200 NMs.EXTEND TO 200 NMs.

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RIGHTS OF THE COASTAL RIGHTS OF THE COASTAL STATE OVER CONTINENTAL STATE OVER CONTINENTAL

SHELFSHELF EXERCISES SOVEREIGN RIGHTS FOR EXPLORING AND EXERCISES SOVEREIGN RIGHTS FOR EXPLORING AND

EXPLOITING ITS NATURAL RESOURCES. THESE RIGHTS EXPLOITING ITS NATURAL RESOURCES. THESE RIGHTS ARE EXCLUSIVE.ARE EXCLUSIVE.

CAN LAY SUBMARINE CABLES AND PIPELINES.CAN LAY SUBMARINE CABLES AND PIPELINES. EXCLUSIVE RIGHT TO AUTHORISE AND REGULATE EXCLUSIVE RIGHT TO AUTHORISE AND REGULATE

DRILLING FOR ALL PURPOSES.DRILLING FOR ALL PURPOSES. EXCLUSIVE RIGHT TO CONSTRUCT AND TO AUTHORISE EXCLUSIVE RIGHT TO CONSTRUCT AND TO AUTHORISE

AND REGULATE CONSTRUCTION AND AND REGULATE CONSTRUCTION AND USE OF:USE OF:

• ARTIFICIAL ISLANDS, OFF SHORE TERMINALS, ARTIFICIAL ISLANDS, OFF SHORE TERMINALS, INSTALLATION ETC.INSTALLATION ETC.

• MARINE SCIENTIFIC RESEARCH.MARINE SCIENTIFIC RESEARCH.

• PROTECTION AND PRESERVATION OF MARINE PROTECTION AND PRESERVATION OF MARINE ENVIRONMENT.ENVIRONMENT.

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CONTINENTAL SHELFTO 350 nm

E E Z

BASE LINE

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EXCLUSIVE ECONOMIC EXCLUSIVE ECONOMIC ZONEZONE

EXTENDS TO 200 NM FROM THE BASE EXTENDS TO 200 NM FROM THE BASE LINE. IN EEZ AND SPACE ABOVE THE LINE. IN EEZ AND SPACE ABOVE THE ZONE, SHIPS AND AIRCRAFTS OF ALL ZONE, SHIPS AND AIRCRAFTS OF ALL STATES ENJOY:STATES ENJOY:

FREEDOM OF NAVIGATION FREEDOM OF NAVIGATION /OVERFLIGHT./OVERFLIGHT. LAYING OF SUBMARINE CABLES LAYING OF SUBMARINE CABLES AND PIPELINES.AND PIPELINES. ANY OTHER INTERNATIONALLY ANY OTHER INTERNATIONALLY LAWFUL USE.LAWFUL USE.

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EXCLUSIVE ECONOMIC ZONE(E E Z)

200nm

BASE LINE

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Page 26: Unclos III

350 nm

200 nm

Low Water Line

Base Line

d

60nmDry land

Continentalshelf

Slope

Fixed points inLat & Long

2500m + 100 nm

Submarine ridge

Sedimentary rockSediment thickness d/100

Foot of the slope

Page 27: Unclos III

E E Z (200 Nm)

Base line

LAND

Internal Water

National Airspace

ArchipelagicWater

Territorial Water (12nm) CONTIGUOUS

ZONE(24Nm)

HIGH SEAS

International Airspace

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RIGHTS OF STATE IN RIGHTS OF STATE IN EXCLUSIVE ECONOMIC EXCLUSIVE ECONOMIC

ZONEZONE SOVEREIGN RIGHTS FOR EXPLORATION, SOVEREIGN RIGHTS FOR EXPLORATION,

EXPLOITATION CONSERVATION AND EXPLOITATION CONSERVATION AND MANAGEMENT OF RESOURCES.MANAGEMENT OF RESOURCES.

EXCLUSIVE RIGHTS FOR CONSTRUCTION, EXCLUSIVE RIGHTS FOR CONSTRUCTION, MAINTENANCE OF ARTIFICIAL ISLAND, OFF MAINTENANCE OF ARTIFICIAL ISLAND, OFF SHORE TERMINALS, INSTALLATIONS ETC.SHORE TERMINALS, INSTALLATIONS ETC.

EXCLUSIVE JURISDICTION TO AUTHORISE, EXCLUSIVE JURISDICTION TO AUTHORISE, REGULATE AND CONTROL SCIENTIFIC REGULATE AND CONTROL SCIENTIFIC RESEARCH.RESEARCH.

EXCLUSIVE JURISDICTION TO PRESERVE EXCLUSIVE JURISDICTION TO PRESERVE MARINE ENVIRONMENT AND CONTROL MARINE ENVIRONMENT AND CONTROL MARINE POLLUTION.MARINE POLLUTION.

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RIGHTS AVAILABLE IN RIGHTS AVAILABLE IN HIGH SEASHIGH SEAS

FREEDOM OF NAVIGATION.FREEDOM OF NAVIGATION. FREEDOM OF OVERFLIGHT.FREEDOM OF OVERFLIGHT. FREEDOM TO LAY SUBMARINE FREEDOM TO LAY SUBMARINE

CABLES AND PIPELINES.CABLES AND PIPELINES. FREEDOM TO CONSTRUCT FREEDOM TO CONSTRUCT

ARTIFICIAL ISLANDS AND OTHER ARTIFICIAL ISLANDS AND OTHER INSTALLATIONS.INSTALLATIONS.

FREEDOM OF FISHING.FREEDOM OF FISHING. FREEDOM OF SCIENTIFIC RESEARCH.FREEDOM OF SCIENTIFIC RESEARCH.

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PORT-A

PORT- C

INNOCENT PASSAGE

TERRITORIAL WATER

TERRITORIAL WATER

PORT- B

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SINGAPORESINGAPORE

M A L A Y S I AM A L A Y S I A M A L A Y S I AM A L A Y S I A

BATAMBATAM

Traffic Separatiom

TRANSIT PASSAGE THROUGH TRANSIT PASSAGE THROUGH INTERNATIONAL STRAITSINTERNATIONAL STRAITS

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ANY THREAT OR USE OF FORCEAGAINST THE INDEPENDENCE OF

COASTAL OR ISLAND NATION

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NO EXERCISE OR PRACTICE NO EXERCISE OR PRACTICE OF WEAPONS IN INNOCENT PASSAGEOF WEAPONS IN INNOCENT PASSAGE

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AIRCRAFT CANNOT BE LAUNCHED OR AIRCRAFT CANNOT BE LAUNCHED OR LANDED WHILE PASSING LANDED WHILE PASSING INNOCENT INNOCENT

PASSAGEPASSAGE

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INTELLIGENCE COLLECTION ACTIVITIES

PROHIBITED IN ANINNOCENT PASSAGE

INNOCENTPASSAGE

Page 36: Unclos III

NO NO RESEARCH & SURVEYRESEARCH & SURVEY

INNOCENT PASSAGE

SURVEY

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INNOCENT PASSAGE DOES NOT INCLUDE INNOCENT PASSAGE DOES NOT INCLUDE RIGHT OF OVERFLIGHTRIGHT OF OVERFLIGHT

INNOCENT PASSAGE

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SUBMARINES ARE SUBMARINES ARE REQUIRED TO REQUIRED TO

NAVIGATE ON THE NAVIGATE ON THE SURFACEWHILE SURFACEWHILE

PASSING THROUGH PASSING THROUGH FOREIGN FOREIGN

TERRITORIAL SEATERRITORIAL SEA

Page 39: Unclos III

HOT PURSUITHOT PURSUIT

IS A LEGITIMATE CHASE OF A FOREIGN VESSEL ON THE HIGH SEAS WHEN SHE OR A PERSON ON BOARD, HAS VIOLATED THE LAWS OF A STATE WHILST IN ITS JURISDICTIONAL WATERS.

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A B

TERRITORIAL WATER OF ‘A’ TE

RRIT

ORI

AL

WAT

ER O

F ‘B

Page 41: Unclos III

RIGHT OF HOT PURSUITRIGHT OF HOT PURSUIT RIGHT ENVISAGES PURSUING OF FOREIGN SHIP FROM RIGHT ENVISAGES PURSUING OF FOREIGN SHIP FROM

TERRITORIAL SEAS TO HIGH SEAS.TERRITORIAL SEAS TO HIGH SEAS. RESTRICTIONS ON COASTAL STATE:RESTRICTIONS ON COASTAL STATE:

– PURSUIT MAY BE COMMENCED ONLY IF FOREIGN SHIP DOES PURSUIT MAY BE COMMENCED ONLY IF FOREIGN SHIP DOES NOT ABIDE BY THE VISUAL OR AUDIO SIGNAL TO STOPNOT ABIDE BY THE VISUAL OR AUDIO SIGNAL TO STOP

– PURSUIT IS CONTINUOUS AND NOT INTERRUPTED.PURSUIT IS CONTINUOUS AND NOT INTERRUPTED.

– PURSUED SHIP HAS NOT SUCCEEDED IN ENTERING ITS OWN PURSUED SHIP HAS NOT SUCCEEDED IN ENTERING ITS OWN OR A THIRD STATES TERRITORIAL SEA.OR A THIRD STATES TERRITORIAL SEA.

– NO EXCESSIVE FORCE USED TO SECURE RETURN OF SHIP NO EXCESSIVE FORCE USED TO SECURE RETURN OF SHIP TO ANY PORT OF PURSUING STATE.TO ANY PORT OF PURSUING STATE.

– CAN BE EXERCISED ONLY BY WARSHIPS/MILITARY CAN BE EXERCISED ONLY BY WARSHIPS/MILITARY AIRCRAFTS OR OTHER GOVT SHIPS/AIRCRAFTS ESPECIALLY AIRCRAFTS OR OTHER GOVT SHIPS/AIRCRAFTS ESPECIALLY AUTHORISEDAUTHORISED

– IF PURSUIT COMMENCED/SHIP STOPPED WITHOUT IF PURSUIT COMMENCED/SHIP STOPPED WITHOUT JUSTIFIABLE REASON IT HAS TO BE COMPENSATED. JUSTIFIABLE REASON IT HAS TO BE COMPENSATED.

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““SHIP BELONGING TO THE ARMED FORCES SHIP BELONGING TO THE ARMED FORCES OF A STATE BEARING THE EXTERNAL OF A STATE BEARING THE EXTERNAL MARKS DISTINGUISHING SUCH SHIPS OF MARKS DISTINGUISHING SUCH SHIPS OF ITS NATIONALITY, UNDER THE COMMAND ITS NATIONALITY, UNDER THE COMMAND OF AN OFFICER DULY COMMISSIONED BY OF AN OFFICER DULY COMMISSIONED BY THE GOVERNMENT OF THE STATE AND THE GOVERNMENT OF THE STATE AND WHOSE NAME APPEARS IN THE WHOSE NAME APPEARS IN THE APPROPRIATE SERVICE LIST OR ITS APPROPRIATE SERVICE LIST OR ITS EQUIVALENT AND MANNED BY A CREW EQUIVALENT AND MANNED BY A CREW WHICH IS UNDER REGULAR ARMED WHICH IS UNDER REGULAR ARMED FORCES DISCIPLINE”.FORCES DISCIPLINE”.

WARSHIPWARSHIP

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RIGHTS AND DUTIESRIGHTS AND DUTIESOF WARSHIPSOF WARSHIPS

SEIZURE ON ACCOUNT OF PIRACY (ART 107)SEIZURE ON ACCOUNT OF PIRACY (ART 107) RIGHT OF VISIT ON THE HIGH SEASRIGHT OF VISIT ON THE HIGH SEAS

(I)(I) ENGAGED IN PIRACYENGAGED IN PIRACY

(II)(II) ENGAGED IN SLAVE TRADEENGAGED IN SLAVE TRADE

(III)(III) ENGAGED IN UNAUTHORISED ENGAGED IN UNAUTHORISED BROADCASTINGBROADCASTING

(IV)(IV) WITHOUT NATIONALITYWITHOUT NATIONALITY

(V)(V) OF THE NATIONALITY AS THAT OF THE OF THE NATIONALITY AS THAT OF THE WARSHIP WARSHIP BUT FLYING A FOREIGN FLAG OR BUT FLYING A FOREIGN FLAG OR REFUSING TO SHOW REFUSING TO SHOW ITS FLAG (ART 110)ITS FLAG (ART 110)

TO EXERCISE RIGHT OF HOT PURSUIT (ART 115 (5)TO EXERCISE RIGHT OF HOT PURSUIT (ART 115 (5) TO EXERCISE POWER OF ENFORCEMENT AS REGARDS TO EXERCISE POWER OF ENFORCEMENT AS REGARDS

TO PROTECTION AND PRESERVATION OF THE MARINE TO PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT (ART 224)ENVIRONMENT (ART 224)

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SETTLEMENT OF DISPUTES SETTLEMENT OF DISPUTES INTERNATIONAL TRIBUNAL FOR THE INTERNATIONAL TRIBUNAL FOR THE

LAW OF THE SEA ESTABLISHED IN LAW OF THE SEA ESTABLISHED IN TERMS OF ANNEX VI. TERMS OF ANNEX VI.

INTERNATIONAL COURT OF JUSTICE.INTERNATIONAL COURT OF JUSTICE. ARBITRAL TRIBUNAL CONSTITUTED ARBITRAL TRIBUNAL CONSTITUTED

IN TERMS OF ANNEX VII.IN TERMS OF ANNEX VII. SPECIAL ARBITRAL TRIBUNAL SPECIAL ARBITRAL TRIBUNAL

CONSTITUTED IN TERMS OF ANNEX CONSTITUTED IN TERMS OF ANNEX VIII FOR CATEGORIES OF DISPUTES VIII FOR CATEGORIES OF DISPUTES SPECIFIED THEREIN.SPECIFIED THEREIN.

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MARITIME JURISDICTION IN MARITIME JURISDICTION IN THE VICINITY OF THE THE VICINITY OF THE

INDIAN SUBCONTINENTINDIAN SUBCONTINENT

INDIA

PAKISTAN BANGLADESHTH

ILA

ND

SUM

ATR

A

MYANMAR

MALDIVES

SRI LANKA

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