libterm.com Internal waters include all water areas landward of the baseline of a country's territorial sea, granting full sovereignty to the coastal state similar to its land territory. These waters encompass bays, rivers, and ports, where the state exercises exclusive control over navigation, fishing, and resource management without any rights of innocent passage for foreign vessels. Discover more about the legal status and significance of internal waters in the complete article.
Table of Comparison
| Feature | Internal Waters | Territorial Waters |
|---|---|---|
| Definition | Waters on the landward side of the baseline, including rivers, lakes, and ports | Marine waters extending up to 12 nautical miles from the baseline |
| Jurisdiction | Full sovereignty of the coastal state | Full sovereignty of the coastal state, subject to innocent passage |
| Access | No right of innocent passage for foreign vessels without permission | Allows innocent passage of foreign ships |
| Legal Status | Considered part of the land territory under national law | Part of the maritime zone under international law (UNCLOS) |
| Examples | Harbors, bays, rivers, lakes | Coastal sea up to 12 nautical miles from baseline |
Definition of Internal Waters
Internal waters refer to all water bodies situated landward of the baseline of a coastal state, including rivers, lakes, and ports, which fall entirely under the sovereignty of that state. Unlike territorial waters that extend seaward up to 12 nautical miles from the baseline and allow limited right of innocent passage to foreign vessels, internal waters impose full regulatory control without such passage rights. United Nations Convention on the Law of the Sea (UNCLOS) defines internal waters as waters on the landward side of the baseline from which the territorial sea is measured.
Definition of Territorial Waters
Territorial waters refer to a belt of coastal waters extending up to 12 nautical miles from a sovereign state's baseline, within which the state exercises full sovereignty, similar to its land territory. This jurisdiction covers the sea, seabed, and airspace above, allowing the state to regulate navigation, resource management, and environmental protection. Internal waters, by contrast, lie landward of the baseline and are subject to the state's absolute control, without providing the right of innocent passage to foreign vessels.
Legal Framework and International Law
Internal waters and territorial waters differ significantly under international law, primarily governed by the United Nations Convention on the Law of the Sea (UNCLOS). Internal waters, such as rivers, lakes, and ports located landward of the baseline, fall entirely under the sovereignty of the coastal state, which can regulate foreign access without obligation to allow innocent passage. Territorial waters extend up to 12 nautical miles from the baseline, where the coastal state exercises sovereignty but must permit innocent passage to foreign vessels, balancing state control with navigational rights recognized by international law.
Geographical Boundaries and Delimitation
Internal waters comprise all waters landward of the baseline from which the territorial sea is measured, including rivers, lakes, and ports, fully subject to the coastal state's sovereignty without foreign passage rights. Territorial waters extend seaward up to 12 nautical miles from the baseline, where the coastal state exercises sovereignty subject to the right of innocent passage for foreign vessels. The delimitation between internal and territorial waters is determined by drawing baselines along the coast, which can be normal baselines following the low-water line or straight baselines connecting appropriate points on the coast or outer islands.
Sovereignty and Jurisdiction Rights
Internal waters lie landward of the baseline and fall under the full sovereignty of the coastal state, granting it complete jurisdiction over all activities, including navigation and resource exploitation. Territorial waters extend up to 12 nautical miles from the baseline, where the coastal state exercises sovereignty subject to the right of innocent passage by foreign vessels. Sovereignty in internal waters is absolute, while in territorial waters, it is qualified by international navigation rights.
Passage Rights of Foreign Vessels
Internal waters, located landward of the baseline, are subject to full sovereignty by the coastal state, prohibiting foreign vessels from innocent or transit passage without explicit permission. Territorial waters extend up to 12 nautical miles from the baseline, where foreign vessels enjoy the right of innocent passage, allowing navigation so long as it is not prejudicial to the peace, good order, or security of the coastal state. The distinction in passage rights between internal and territorial waters is critical for maritime navigation, as internal waters offer no passage rights, whereas territorial waters regulate and permit innocent passage under international law, specifically the United Nations Convention on the Law of the Sea (UNCLOS).
Activities Permitted and Restricted
Internal waters grant coastal states full sovereignty, allowing unrestricted regulation of all activities such as fishing, resource extraction, and law enforcement without foreign passage rights. Territorial waters extend up to 12 nautical miles from the baseline, where the state enforces sovereignty but must allow innocent passage for foreign ships, restricting activities that threaten security or violate national laws. Activities like military exercises or pollution discharge can be regulated or prohibited in both zones, with stricter control typically exercised over internal waters.
Dispute Resolution and Enforcement
Disputes over Internal Waters and Territorial Waters require resolution through international bodies such as the International Tribunal for the Law of the Sea (ITLOS) or arbitration under the United Nations Convention on the Law of the Sea (UNCLOS). Enforcement of laws within Internal Waters lies primarily with the coastal state, ensuring sovereignty and jurisdiction, whereas in Territorial Waters, the coastal state exercises sovereignty subject to innocent passage rights of foreign vessels. Effective dispute resolution mechanisms address conflicting claims and enforcement challenges, promoting stability and rule of law in maritime zones.
Significance for Coastal and Island States
Internal waters lie landward of the baseline and grant coastal and island states full sovereignty, allowing unrestricted regulation of access and resource exploitation, unlike territorial waters which extend up to 12 nautical miles seaward with limited navigation rights for foreign vessels. The distinction is crucial for coastal and island states in securing economic zones, environmental protection, and national security within internal waters. Control over internal waters ensures exclusive jurisdiction over ports, harbors, and inland navigation, reinforcing state authority and maritime governance.
Key Differences Between Internal Waters and Territorial Waters
Internal waters refer to bodies of water such as rivers, lakes, and ports located landward of the baseline, where a state exercises full sovereignty similar to its land territory. Territorial waters extend up to 12 nautical miles from the baseline, allowing the coastal state sovereignty but must permit innocent passage of foreign vessels. The key differences include the scope of sovereignty, navigational rights granted to foreign vessels, and international legal recognition under the United Nations Convention on the Law of the Sea (UNCLOS).
Internal Waters Infographic
