INTERNATIONAL MARITIME LAW

Syed Najmi MEng. (Mechanical – Marine Technology) UTM BEng. (Mechanical – Marine Technology) UTM [email protected] LMD25903/30903 International Maritime Law LMB31303 International Maritime Law 1

Topics listing 1.1 Adoption of International 1.6 International Maritime conventions & agreement Organization 1.2 Principles contained in 1.7 Maritime jurisdiction: the convention- i. Flag state jurisdiction; jurisdiction ii. Coastal state jurisdiction 1.3 A state enact national iii. Port state jurisdiction. legislation to enforce the laws 1.4 Ship registration 1.5 Main sources of international convention concerned with maritime law 2

1.1. Adoption of International convention Terminology Reference  Signature The Convention, article 305, 315 and Annex IX, article 2. The Agreement relating to the Implementation of Part XI, articles 3 and 4, para. 3(a),(b) 1995 United Nations Fish Stocks Agreement, article 37  Ratification The Convention, article 306. The Agreement relating to the Implementation of Part XI, article 4, paras. 3(b) and 5, 1995 United Nations Fish Stocks Agreement, article 38  Accession The Convention, article 307 and Annex IX, article 3. The Agreement relating to the Implementation of Part XI, article 4, paras. 3(d) and 5, 1995 United Nations Fish Stocks Agreement, article 39  Formal confirmation The Convention, article 306 and Annex IX, article 3, The Agreement relating to the Implementation of Part XI, article 4, paras.3(b), 4 and 5  Definitive signature The Agreement relating to the Implementation of Part XI, article 4, para. 3(a), Simplified procedure. The Convention, article 313, The Agreement relating to the Implementation of Part XI, article 4, para. 3(c) and article 5  \"Participation\" (or consent to be bound)The Agreement relating to the Implementation of Part XI, article 4, para. 1  Succession Occurs when one State is replaced by another in the responsibility for the international relations of territory. Generally, a newly independent State which makes a notification of succession is considered a party to a treaty from the date of the succession of States or from the date of entry into force of the treaty, whichever is the later date. Our tables refer to the date of notification of succession. See also the Vienna Convention on the Law of Treaties and the Vienna Convention on Succession of States in respect of Treaties.  Provisional application  Entry into force 3

1.1. Adoption of IC & Agreeent The process of implementing maritime law in Malaysia:  1.Malaysian appointed officials attend the international conventions and raise concerns about Malaysian status.  2.Malaysia may also appoint experts within the government or private sectors to sit in the committee to draft the international conventions.  3. The final draft distributed to member nations of IMO, for them to bring it back to their respective countries. They have to acknowledge by being a signatory to it.  The conventions documents are being translated to member countries of its own national languages OR they may take any SEVEN (7) of the translations copy to be debated in the parliament OR their respective legislative bodies. 4

1.1. Intro.Malaysian maritime law  4. Once the legislative bodies of the respective government has debated it and agreed to pass it as a law. Then, an Act will be passed and an appointed agencies will be the custodian to it (answerable/accountable to it).  5.Malaysia will inform IMO secretariat that Malaysia is rectifying it and is ascending to it ideals (agreed to its implementation as a law in the sovereign state).  6.Malaysian appointed agencies which is the custodian to it and enforce the international maritime convention laws to its citizens as well as foreigners who are residing or visiting Malaysia. Those who are not complying to the rules and regulations can be charged in the Admiralty court or pay certain fines/ penalty. 5

1.1. Intro.Malaysian maritime law  7. IMO secretariat upon receiving respond from member nations will indicate the entry into force of that conventions once they have a certain number of ship tonnages (from member countries).  8.Upon reaching towards the actual date of entry into force, the respective public who defaulted will just being given a reminder/ warning.  9.Once the cycle is completed and the date of implementation is reached then we can proudly says that Malaysia is one of the country that sign, rectify and ascend to that convention that was passed by IMO. The respective appointed agencies in Malaysia will be the custodian of the international conventions to Malaysia and IMO. 6

1.2. The principles in the convention/jurisdiction  International Conventions are treaties which involve many states.  Vienna Convention on Legal Treaties (VCLT) 1969 defines treaty as: “an international instrument concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments, whatever its particular designation”.  These instruments once passed in the parliament and form as an Act, can be used to be enforced on its citizens or foreign residing in that country. 7

1.2. The principles in the convention/jurisdiction  Prior to the mid-1970s, most international conventions concerning maritime trade and commerce originated in a private organization of maritime lawyers known as the Comité Maritime International (International Maritime Committee or CMI).  Founded in 1897, the CMI was responsible for the drafting of numerous international conventions including the Hague Rules (International Convention on Bills of Lading), the Visby Amendments (amending the Hague Rules), the Salvage Convention and many others.  While the CMI continues to function in an advisory capacity, many of its functions have been taken over by the International Maritime Organization, which was established by the United Nations in 1958 but did not become truly effective until about 1974. 8

1.3. A state enact national Legislation: Laws  1. Law in common parlance, means a rule which (unlike a rule of ethics) is capable of enforcement through institutions.  However, many laws are based on norms accepted by a community and thus have an ethical foundation.  The study of law crosses the boundaries between the social sciences and humanities, depending on one's view of research into its objectives and effects.  Law is not always enforceable, especially in the international relations context. It has been defined as a \"system of rules\", as an \"interpretive concept\" to achieve justice, as an \"authority“ to mediate people's interests, and even as \"the command of a sovereign, backed by the threat of a sanction\". 9

1.3. A state enact national Legislation: Laws 2. However one likes to think of law, it is a completely central social institution.  Legal policy incorporates the practical manifestation of thinking from almost every social science and the humanities.  Laws are politics, because politicians create them.  Law is philosophy, because moral and ethical persuasions shape their ideas.  Law tells many of history's stories, because statutes, case law and codifications build up over time.  And law is economics, because any rule about contract, tort, property law, labour law, company law and many more can have long lasting effects on the distribution of wealth. 10

1.4. Ship registration Permanent Registration 1. Subject to documents provided during the Provisional Registration of Ship process, the following documents must be presented for permanent registration of the vessel: i. The original copy of Permanent Certificate of Survey (COS) issued by Malaysian Ship Surveyor; ii. The original copy of Ship Deletion Certificate from the previous Port of Registry; iii. Certified true copy of Ship Carving and Marking Note. 2. Permanent registration will be processed within three (3) working days subject to complete documents submitted. 11

1.4. Ship registration Certificate of Survey 1. Certificate of Survey is a certificate issued to the Ships Surveyor, which contains testimonials on the description of the vessel to be registered. It also acts as a certificate of seaworthiness for the vessel from the Ships Surveyor to the Registrar of Ships. 2. A Certificate of Survey is issued based on: i. Registration for the first time for the purpose of Provisional and Permanent Certificate of Registration; ii. After major modification carried out on the vessel which modifies the vessel's shape, tonnage or any particulars of the vessel as specified in the Certificate of Registration; 12

1.4. Ship registration Certificate of Survey (cont’d) 3. Application for the Certificate of Survey may be made to the Ships Surveyor by enclosing the following documents: i. Application letter; ii. Certificate of Approved Ship Name issued by Registrar of Ships ; iii. Survey Form 218 : Machinery/Engine Declaration ; iv. A copy of the ship's plan :- a. Ship's General Layout Plan b. Bilge diagonal plan/Tank Capacity Plan (if tanker) v. If ship has been registered previously:- a. Copy of previous Certificate of Registration; b. Copy of International Tonnage Certificate 1969 c. Copy of International Oil Pollution Prevention Certificate (IOPP) (for tanker only) 13

1.4. Ship registration Certificate of Survey (cont’d) 3. Application for the Certificate of Survey may be made to the Ships Surveyor by enclosing the following documents: (continued) vi. If ship is under construction: a. Builder Certificate; b. Copy of the Interim International Tonnage Certificate 1969/Tonnage Attestation. vii. If ships are more than 20 years : a. Ship Docking Report; b. Ultrasonic Thickness Gauging (UTG) Report; c. Latest Hull & Machinery Survey Report from the previous Ship Classification Body. d. To be docked and surveyed by Marine Department Surveyor prior to the issuance of a Provisional Certificate of Registration. 14

1.4. Ship registration Certificate of Survey (cont’d) 4. Meanwhile, for Permanent Survey Certificate application, the owner has to submit the following documents :- a. Application letter; b. A copy of permanent International Tonnage Certificate1969 issued by Ship Classification Body; c. A copy of Builder Certificate (if ship is new) 5. Upon receipt of all documents by the Ships Surveyor, he will review all the documents and inspect the ship's carving and marking to ensure all information are correct, seaworthiness and compliance with all requirements in respect of ship's carving and marking. 6. Certificates will be processed within two (2) working days subject to submission of complete documents and fulfilment of survey requirements. 7. Forms/checklist required at this stage : a. Checklist on Provisional/Permanent Certificate of Survey (COS) Registry 115 b. Declaration of Main Propulsion System / Machinery Survey 118 15

1.5. Originators of International Conventions 1. Originator of the Common Laws of Malaysia, based on British Law inherited from them.  Most countries developed maritime laws from English Admiralty Law, introduced in the 14th century.  English admiralty law developed from Rhodian law.  Includes recent developments from economic and environment challenges. https://azmandavidson.com.my/an-introduction-to-admiralty-law-in-malaysia/ 16

1.5. Originators of Int. Conventi. 2. Malaysian law- Common law based on English common law at federal level. Syariah family law. Tribal law. Military law. Respective laws at Federal, state and local authority laws. 3. Maritime law –provides the legal framework for maritime transport, i.e. the carrying out of a State’s foreign trade.  America’s enacted Jones Act to ensure the nation’s shorelines are protected by external intrusion and subsidize the building of new vessels. Maritime law implements the basic objectives of a state as port state and coastal state. It controls shipping and commerce activities in ports and ensure coastal areas are not being polluted. Maritime law may serve the achievement of certain economic purposes. 17

1.5.Origins of maritime law 4.Admiralty law (also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses.  It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans.  It deals with matters including marine commerce, marine navigation, shipping, sailors, and the transportation of passengers and goods by sea.  Admiralty law also covers many commercial activities, although land based or occurring wholly on land, that are maritime in character. 18

1.5. Origins of maritime law .c1.  Admiralty law is distinguished from the Law of the Sea, which is a body of public international law dealing with navigational rights, mineral rights, jurisdiction over coastal waters and international law governing relationships between nations.  Although each legal jurisdiction usually has its own enacted legislation governing maritime matters, admiralty law is characterized by a significant amount of international law developed in recent decades, including numerous multilateral treaties. https://www.houstoninjurylawyer.com/maritime-law-vs-law-sea/#:~:text=Maritime%20law%20is%20domestic%2C%20whereas,and%20individuals%20in%20navigable%20waters. 19 https://www.lapezejohns.com/whats-the-difference-between-maritime-law-and-the-law-of-the-sea/

1.5. Origins of maritime law  Customary laws- Traditional common rule or practice that has become an intrinsic part of the accepted and expected conduct in a community, profession, or trade and is treated as a legal requirement.  International Conventions- derived from IMO, ILO, UNCTAD etc.  Decisions of Courts / Tribunals – ICJ and LOS Tribunals  Writings of Renowned Publicists (Recommendations)-Publicist writings help form public opinion and direct the interests and goals of individuals. They influence the work of public institutions and play an important political role. They are also an efficient ideological means of education, agitation, & propaganda and help organize & communicate public information. 20

1.5. Malaysian Admiralty Court .c1.  Established on 1st October 2010  Situated in Jalan Duta Court Complex, Kuala Lumpur.  Presided by 2 High Court Judges.  A one-stop centre to solve all maritime disputes. 21

1.5. Legal Power & Jurisdiction of A.Court.  The right to wreck  The right to claim civil salvage  Unsealed contract made upon the sea.  Hypothecation (pledge of property as collateral)  Freight claims  Torts committed at sea  Possession and restraint. 22

1.5. Admiralty Court  Mortgages provided for vessel under arrest.  Claims to salvage and towage.  Damage done by ship  Dispute by co-owners  Claims by master or seamen  Jurisdiction in rem or personam 23

1.6. International Maritime Org.  Mr. Kitack Lim  Secretary-General  International Maritime Organization  4 Albert Embankment  London SE1 7SR  United Kingdom At its 31st session (November-December 2019), the Assembly approved the renewal of Mr. Kitack Lim's appointment as Secretary-General of IMO, for a second and final term of four years (1 January 2020 to 31 December 2023). Mr. Kitack Lim (Republic of Korea) is the eighth elected Secretary-General of the International Maritime Organization . 24

1.6. Organization of IMO .c3. 25

1.6 Roles and Functions of the IMO  IMO is one of the important UN agency looking into technical matters of maritime affairs. Initially propose as IMCO in 1948. The Convention came into force on 17 March, 1958 was ratified by 21 states, including 7 states with at least 1 million GT of shipping each.  IMO is based in London, United Kingdom  The roles are to provide machinery for co-operation and exchange of information among Governments on technical matters affecting shipping engaged in international trade;  To encourage the general adoption of the highest practicable standards in matters concerning maritime safety, efficiency of navigation and the prevention and control of marine pollution from ships and to deal with legal questions related to those matters; and  To encourage the removal of discriminatory action and of unnecessary restrictions by Governments affecting shipping engaged in international trade.  To provide a forum for member Governments and interested organisations to exchange information on and discuss and endeavour to solve problems connected with technical, legal and other questions concerning shipping and the prevention of marine pollution by ships 26

1.6.Membership of IMO  To become a member of the IMO, a state ratifies a multilateral treaty known as the Convention on the International Maritime Organization.  As of 2014, there are 171 member states of the IMO, which includes 170 of the UN members and the Cook Islands. The first state to ratify the convention was the United Kingdom in 1949.  The most recent member to join was Zambia, which became an IMO member in 2014.  Associate members: Faroe Islands, Hong Kong and Macao.  UN member states that are not members of IMO are generally landlocked countries, including: Afghanistan, Andorra, Armenia, Belarus, Bhutan, Botswana, Burkina Faso, Burundi, Central African Republic, Chad, Kyrgyzstan, Laos, Lesotho, Liechtenstein, Mali, Federated States of Micronesia, Nauru, Niger, Rwanda, South Sudan, Swaziland, Tajikistan, and Uzbekistan. 27

1.6. IMO Legal Instruments  IMO is the source of approximately 60 legal instruments that guide the regulatory development of its member states to improve safety at sea, facilitate trade among seafaring states and protect the maritime environment.  The most well known is the International Convention for the Safety of Life at Sea (SOLAS), as well as International Convention on Oil Pollution Preparedness, Response and Co- operation (OPRC).  Others include the International Oil Pollution Compensation Funds. It also functions as a depository of yet to be ratified treaties, such as the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (HNS Convention) and Nairobi International Convention of Removal of Wrecks (2007).  IMO regularly enacts regulations, which are broadly enforced by national and local maritime authorities in member countries, such as the International Regulations for Preventing Collisions at Sea.  The IMO has also enacted a Port State Control (PSC) authority, allowing domestic maritime authorities such as coast guards to inspect foreign-flag ships calling at ports of the many port states.  Memoranda of Understanding (protocols) were signed by some countries unifying Port State Control procedures among the signatories. 28

1.7. Maritime Jurisdiction  One of the most important concepts of international maritime law (IML) is that of jurisdiction. The term jurisdiction denotes different concepts in private IL and in public IL.  1. Flag State Jurisdiction- Every state shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.  2. Coastal State Jurisdiction- A state’s power to control activities of foreign ships in territorial waters and adjacent zones is called CSJ. CSJ encompasses both legislation and enforcement of the rules.  3.Port State Jurisdiction- PS powers include the inspection of a ship’s certificates, physical inspection of the ship, and if warranted by the evidence, detention of the ship. 29

1.7. UNCLOS  Territorial Sea & Contiguous Zone  Continental Shelf  High Seas  Fishing and Conservation of Living Resources UNCLOS 1982 – The most widely accepted in the convention  320 Articles and 9 Annexes  14 years to develop it 30

The Peace Palace in The Hague, Netherlands, home to the Permanent Court of International Justice By International Court of Justice; originally uploaded by Yeu Ninje at en.wikipedia. - International Court of Justice 60th Anniversary Press Pack; transferred from en.wikipedia by 31 Smooth_O using CommonsHelper., Public Domain, https://commons.wikimedia.org/w/index.php?curid=4395631

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Assignment 1 1. Explain the concept of jurisdiction in public law with regards to the differences between “legislative” or “prescriptive” jurisdiction and “enforcement” or “prerogative” jurisdiction. Give examples to explain your points. 2. Why UNCLOS III is regarded as one of the most important international law which has been the source of reference by most sovereign states in the world. 3. Explain three common jurisdictions of the Admiralty Courts. 4. The motto of IMO is ensuring “safer shipping and cleaner ocean”. What do you understand about the roles of International Maritime Organization (IMO) in propagating that idealism. 33

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4.1. States that the UNCLOS is embodied Geneva Convention 1958 4.2. Legal status of UNCLOS & Geneva Convent. 4.3. Territorial Sea & Contiguous Zone; right of innocent passage, TSS, archipelagic state, etc 4.4. EEZ and Continental Shelf; state jurisdiction 4.5. High Seas, Freedom of the high seas 4.6. Jurisdiction on carriage of goods by sea 4.7. Marine collision HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 2

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In total UNCLOS III, consist of XVII Parts, 320 Articles, IX Annexes. UNCLOS, Part II, Territorial Sea & Contiguous Zone  Section 1: General provisions, Article 2  Section 2: Limits of the Territorial Sea, Article 3 – 16.  Section 3: Innocent Passage in the Territorial Sea,  Subsection A: Rules applicable to all ships, Article 17 – 26  Subsection B: Rules applicable to merchant ships and government ships operated for commercial purposes, Article 27 – 28,  Subsection C: Rules applicable to warships and other government ships operated for non-commercial purposes, Article 29 – 32.  Section 4: Contiguous Zone, Article 33. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 4

 The UNCLOS replaces the older and weaker 'freedom of the seas' concept, dating from the 17th century: national rights were limited to a specified belt of water extending from a nation's coastlines, usually three nautical miles, according to the 'cannon shot' rule developed by the Dutch jurist Cornelius van Bynkershoek.  All waters beyond national boundaries were considered international waters: free to all nations, but belonging to none of them.  In the early 20th century, some nations expressed their desire to extend national claims: to include mineral resources, to protect fish stocks, and to provide the means to enforce pollution controls. (The League of Nations called a 1930 conference at The Hague, but no agreements resulted.) Using the customary international law principle of a nation's right to protect its natural resources, President Truman in 1945 extended United States control to all the natural resources of its continental shelf. Other nations were quick to follow suit. Between 1946 and 1950, Chile, Peru, and Ecuador extended their rights to a distance of 200 nautical miles (370 km) to cover their Humboldt Current fishing grounds. Other nations extended their territorial seas to 12 nautical miles (22 km). HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 5

 By 1967, only 25 nations still used the old three- mile (5 km) limit, while 66 nations had set a 12- nautical-mile (22 km) territorial limit and eight had set a 200-nautical-mile (370 km) limit. As of 28 May 2008, only two countries still use the three-mile (5 km) limit: Jordan and Palau. That limit is also used in certain Australian islands, an area of Belize, some Japanese straits, certain areas of Papua New Guinea, and a few British Overseas Territories, such as Anguilla. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 6

 UNCLOS I  In 1956, the United Nations held its first Conference on the Law of the Sea (UNCLOS I) at Geneva, Switzerland. UNCLOS I resulted in four treaties concluded in 1958:  Convention on the Territorial Sea and Contiguous Zone, entry into force: 10 September 1964  Convention on the Continental Shelf, entry into force: 10 June 1964  Convention on the High Seas, entry into force: 30 September 1962  Convention on Fishing and Conservation of Living Resources of the High Seas, entry into force: 20 March 1966  Although UNCLOS I was considered a success, it left open the important issue of breadth of territorial waters. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 7

 UNCLOS II  In 1960, the United Nations held the second Conference on the Law of the Sea (\"UNCLOS II\"); however, the six-week Geneva conference did not result in any new agreements. Generally speaking, developing nations and third world countries participated only as clients, allies, or dependents of United States or the Soviet Union, with no significant voice of their own. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 8

 UNCLOS III  Sea areas in international rights  The issue of varying claims of territorial waters was raised in the UN in 1967 by Arvid Pardo, of Malta, and in 1973 the Third United Nations Conference on the Law of the Sea was convened in New York. In an attempt to reduce the possibility of groups of nation-states dominating the negotiations, the conference used a consensus process rather than majority vote. With more than 160 nations participating, the conference lasted until 1982. The resulting convention came into force on 16 November 1994, one year after the sixtieth state, Guyana, ratified the treaty.  The convention introduced a number of provisions. The most significant issues covered were setting limits, navigation, archipelagic status and transit regimes, exclusive economic zones (EEZs), continental shelf jurisdiction, deep seabed mining, the exploitation regime, protection of the marine environment, scientific research, and settlement of disputes.  The convention set the limit of various areas, measured from a carefully defined baseline. (Normally, a sea baseline follows the low-water line, but when the coastline is deeply indented, has fringing islands or is highly unstable, straight baselines may be used.) HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 9

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A baseline is the line from which the seaward limits of a State's territorial sea and certain other maritime zones of jurisdiction are measured. Normally, a sea baseline follows the low-water line of a coastal State. When the coastline is deeply indented, has fringing islands or is highly unstable, straight baselines may be used. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 11

 The following methods are used to measure a baseline under United Nations Convention on the Law of the Sea 1982.  Normal baseline  Except where otherwise provided in this Convention, the normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State.  Reefs  In the case of islands situated on atolls or of islands having fringing reefs, the baseline for measuring the breadth of the territorial sea is the seaward low-water line of the reef, as shown by the appropriate symbol on charts officially recognized by the coastal State. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 12

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 Straight baselines  In localities where the coastline is deeply indented and cut into, or if there is a fringe of islands along the coast in its immediate vicinity, the method of straight baselines joining appropriate points may be employed in drawing the baseline from which the breadth of the territorial sea is measured.  Where because of the presence of a delta and other natural conditions the coastline is highly unstable, the appropriate points may be selected along the furthest seaward extent of the low-water line and, notwithstanding subsequent regression of the low-water line, the straight baselines shall remain effective until changed by the coastal State in accordance with this Convention.  The drawing of straight baselines must not depart to any appreciable extent from the general direction of the coast, and the sea areas lying within the lines must be sufficiently closely linked to the land domain to be subject to the regime of internal waters. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 14

 Straight baselines shall not be drawn to and from low-tide elevations, unless lighthouses or similar installations which are permanently above sea level have been built on them or except in instances where the drawing of baselines to and from such elevations has received general international recognition.  Where the method of straight baselines is applicable under paragraph 1, account may be taken, in determining particular baselines, of economic interests peculiar to the region concerned, the reality and the importance of which are clearly evidenced by long usage.  The system of straight baselines may not be applied by a State in such a manner as to cut off the territorial sea of another State from the high seas or an exclusive economic zone HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 15

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Territorial waters of the Philippines  Waters landward of the baseline are defined as internal waters, over which the state has complete sovereignty: not even innocent passage is allowed. Lakes and rivers are considered internal waters. All \"archipelagic waters\" within the outermost islands of an archipelagic state such as Indonesia, Japan or the Philippines are also considered internal waters, and are treated the same with the exception that innocent passage through them must be allowed. However, archipelagic states may designate certain sea lanes through these waters. Internal waters Covers all water and waterways on the landward side of the baseline. The coastal state is free to set laws, regulate use, and use any resource. Foreign vessels have no right of passage within internal waters. HAJ_S2S1617@MIMET_UniKL_LMD22903_MarLaw&LOS 15/2/2021 17