The juridical nature of the territorial sea under Maltese law

Abstract

Malta claims a 12 nautical mile territorial sea adjacent to its coast. Within this zone, Malta is entitled to exercise sovereignty. However, certain important limitations are imposed by international law on the exercise of such sovereignty. In the first Part, this thesis will examine the juridical status of the territorial sea under international law. Particular attention will be paid to the provisions of the 1982 United Nations Convention on the Law of the Sea. References to the 1958 Geneva Convention on the Territorial Sea and Contiguous Zone, to which Malta is still a party, will be made, where necessary, in order to inter alia analyze the substantial changes brought about by the 1982 United Nations Convention on the Law of the Sea. Given that Malta's territorial sea covers 3,800 square km, an area much larger than its land territory, it is important to analyze the Maltese position with regards to the territorial sea regime. Special attention will be given to the relevant Maltese legislation and in particular to the Maltese Territorial Waters and Contiguous Zone Act. Malta is situated in the centre of the Mediterranean Sea with many principal shipping routes, especially those used for the transportation of crude oil, passing through its territorial sea. Consequently, Malta attracts a large volume of maritime traffic passing through its territorial sea. This thesis will examine the Malta's rights under international law to regulate such traffic through for example the establishment of sea lanes and traffic separation schemes. Malta has an obligation, under international law, to observe the rights of other States in the territorial sea. Primarily, Malta may not hamper the right of innocent passage of foreign vessels traversing through its territorial sea. This thesis will analyze the doctrine of innocent passage both from the perspective of the 1982 United Nations Law of the Sea Convention and the relevant Maltese legislation. Particular attention will be given to the position of certain classes of foreign vessels such as warships, submarines, nuclear powered ships and ships carrying dangerous cargoes. The second Part of the thesis will examine Malta's legislative jurisdiction over its territorial sea. Special attention will be given to the relevant provisions of the 1982 United Nations Convention on the Law of the Sea and their incorporation, or otherwise, into Maltese law. Attention will be paid to relevant European Union legislation that directly affects Malta's legislative powers in this field. Subsequently, this thesis will focus on Malta's right to exercise criminal and civil jurisdiction, under international law. It will examine this jurisdiction in the light of the 1982 United Nations Law of the Sea Convention and will examine the applicable Maltese legislation. This study will analyze the Maltese position and will examine whether or not there is the need to enhance Maltese law to bring it in line with international law. The final Part of the thesis examines the main conclusions arrived at throughout this study in light of all the relevant international law, in particular the 1982 United Nations Convention on the Law of the sea as well as all relevant Maltese legislation.