libterm.com Internal waters are bodies of water on the landward side of a nation's baseline, where the coastal state exercises full sovereignty similar to its land territory. These waters include bays, rivers, and lakes, and foreign vessels do not have the right of innocent passage without permission. Explore the rest of the article to understand the legal distinctions and your rights regarding internal waters.
Table of Comparison
| Feature | Internal Waters | Exclusive Economic Zone (EEZ) |
|---|---|---|
| Definition | Waters on the landward side of the baseline, fully under national jurisdiction. | Sea zone beyond territorial waters, up to 200 nautical miles from the baseline. |
| Legal Status | Territorial sovereignty like land territory; foreign vessels need permission to enter. | Coastal state has sovereign rights for resource exploration and economic activities. |
| Jurisdiction | Complete national control over waters, seabed, and airspace. | Rights limited to natural resources, marine scientific research, and environmental protection. |
| Access | No right of innocent passage for foreign vessels without consent. | Foreign vessels have freedom of navigation and overflight. |
| International Law | Regulated under United Nations Convention on the Law of the Sea (UNCLOS) Article 8. | Defined by UNCLOS Article 55 to 75. |
| Purpose | Protect ports, rivers, and bays essential for national security and commerce. | Expand economic rights over fisheries, oil, gas, and seabed minerals. |
Introduction to Maritime Zones
Internal waters encompass all water landward of the baseline, granting the coastal state full sovereignty similar to its land territory. The Exclusive Economic Zone (EEZ) extends up to 200 nautical miles from the baseline, allowing the coastal state exclusive rights over natural resources but not full sovereignty. These maritime zones form the foundation for jurisdiction, resource management, and security regulations under international maritime law.
Definition of Internal Waters
Internal Waters are the waters on the landward side of the baseline of a coastal state, including rivers, lakes, and ports, where the state exercises full sovereignty similar to its land territory. Unlike the Exclusive Economic Zone (EEZ), which extends up to 200 nautical miles from the baseline and grants rights primarily for resource exploration and exploitation, Internal Waters are subject to the state's complete authority, with no right of innocent passage for foreign vessels without permission. The concept of Internal Waters is critical under the United Nations Convention on the Law of the Sea (UNCLOS) as it defines sovereign jurisdiction distinct from the maritime zones beyond the baseline.
Definition of Exclusive Economic Zone (EEZ)
The Exclusive Economic Zone (EEZ) extends 200 nautical miles from a country's baseline, granting sovereign rights for exploration, exploitation, and conservation of natural resources in the water, seabed, and subsoil. Unlike Internal Waters, which lie landward of the baseline and are fully subject to national jurisdiction, the EEZ allows freedom of navigation for other states while maintaining economic rights for the coastal state. The United Nations Convention on the Law of the Sea (UNCLOS) establishes the legal framework defining the scope and rights within an EEZ.
Legal Basis Under International Law
Internal waters refer to all waters on the landward side of the baseline from which the breadth of the territorial sea is measured, granting the coastal state full sovereignty under the United Nations Convention on the Law of the Sea (UNCLOS). The Exclusive Economic Zone (EEZ), extending up to 200 nautical miles from the baseline, provides a coastal state sovereign rights for exploring, exploiting, conserving, and managing natural resources, as stipulated in UNCLOS Articles 55 to 75. Unlike internal waters where the state exercises complete jurisdiction, the EEZ allows other states freedom of navigation and overflight, respecting the economic rights of the coastal state under international law.
Sovereign Rights and Jurisdiction
Internal waters lie landward of a nation's baseline, granting full sovereign rights and jurisdiction equivalent to those exercised over its land territory, including regulatory, enforcement, and resource exploitation powers. The Exclusive Economic Zone (EEZ) extends up to 200 nautical miles from the baseline, where a coastal state has sovereign rights specifically for exploring, exploiting, conserving, and managing natural resources, both living and non-living, in the water column, seabed, and subsoil. While sovereign rights in the EEZ are limited to economic activities and resource management, jurisdiction over internal waters encompasses broader legal and administrative authority, including customs, immigration, and environmental control.
Differences in Resource Exploitation
Internal waters are areas on the landward side of a country's baseline where the coastal state exercises full sovereignty, including complete rights to exploit all natural resources such as fisheries, minerals, and oil reserves. The Exclusive Economic Zone (EEZ) extends up to 200 nautical miles from the baseline, granting the coastal state sovereign rights only for exploring, exploiting, conserving, and managing natural resources in the water column, seabed, and subsoil, but allowing other states freedoms related to navigation and overflight. Resource exploitation in internal waters faces no foreign access limitations, whereas in the EEZ, other states may navigate freely but cannot exploit resources without coastal state consent.
Navigation Rights and Restrictions
Internal waters grant a coastal state full sovereignty, allowing it to regulate or prohibit foreign vessel navigation without any obligation to allow passage. The Exclusive Economic Zone (EEZ), extending up to 200 nautical miles from the baseline, permits coastal states exclusive rights to exploit marine resources while granting foreign vessels the freedom of navigation and overflight under international law. Navigation rights in the EEZ are subject to restrictions mainly related to resource exploitation and environmental protection, but do not override the right of innocent passage enjoyed in internal waters.
Security and Law Enforcement
Internal waters fall under full sovereignty of the coastal state, allowing unrestricted law enforcement and security operations without foreign permission, including controlling vessel access and prosecuting illegal activities. Exclusive Economic Zones (EEZs) extend up to 200 nautical miles from the baseline, granting the coastal state sovereign rights for resource exploration and environmental protection, but do not confer full jurisdiction; foreign vessels maintain freedom of navigation, limiting enforcement to specific economic and security issues. Security measures in EEZs focus primarily on resource protection and preventing illegal exploitation, while internal waters enable comprehensive policing and national security actions.
Dispute Resolution and Case Studies
Internal Waters are under full sovereignty of the coastal state, allowing unilateral enforcement of laws without foreign rights, while the Exclusive Economic Zone (EEZ) extends up to 200 nautical miles, granting rights mainly to resource exploitation but requiring freedom of navigation for other states. Dispute resolution in Internal Waters typically falls under domestic jurisdiction, whereas EEZ conflicts often invoke international mechanisms like the United Nations Convention on the Law of the Sea (UNCLOS) tribunals or the International Court of Justice (ICJ). Case studies include the South China Sea disputes, where EEZ claims are contested among multiple countries, and the Canada-US dispute over the Northwest Passage, an Internal Waters conflict with significant implications for sovereignty and navigation rights.
Conclusion: Comparing Internal Waters and EEZs
Internal waters encompass all water on the landward side of the baseline, granting a coastal state full sovereignty similar to its land territory, including control over navigation and resource exploitation. Exclusive Economic Zones (EEZs) extend up to 200 nautical miles from the baseline, providing a coastal state sovereign rights primarily for exploring, exploiting, conserving, and managing natural resources, while allowing freedom of navigation for other states. The fundamental difference lies in the degree of control and jurisdiction, with internal waters under complete national authority and EEZs subject to international law balancing resource rights with maritime freedoms.
Internal Waters Infographic
