Arms Control Implications of Ocean Zones

Abstract

Enclosure of ocean zones in accordance with the UNCLOS convention is significant as de facto arms control in extending the territorial sea out to twelve miles and in clarifying the innocent passage regime therein. Disagreements about the specific implementation of innocent passage continue, but apart from that aspect there is a fairly general consensus at UNCLOS on the subject of the territorial sea. This consensus recognises the predominant role of the coastal state in security matters within the twelve mile territorial sea and the very limited foreign state military rights therein, particularly as regards navigation assured by innocent passage. A mutually acceptable regime for the control of military activities has thus been extended from three miles out to twelve and has thereby broadened the security zones of coastal states. This is especially important to Third-World states since with their limited naval capabilities, a broadened territorial sea serves as a more reliable buffer against threats from stronger maritime powers, whether such threats take the form of a naval presence or the actual projection of force. The maritime powers will tend to be deterred from exerting naval pressure on coastal states by a strengthened and widely respected threshold which they must cross.