Date: 16 July 2025

Q: What is the United Nations Convention on the Law of the Sea (UNCLOS)?

A: UNCLOS is an international treaty that outlines the legal framework for maritime activities, including the rights and responsibilities of nations regarding their use of the world’s oceans. Established in 1982, it covers various issues such as territorial seas, exclusive economic zones (EEZ), and navigation rights.

Q: What are the general rights of ship captains and crew members on the high seas?

A: Under UNCLOS, ships on the high seas are subject to the jurisdiction of the flag state (the country where the ship is registered). This means that the captain and crew have the right to resist unlawful boarding by foreign authorities as long as the ship is not engaging in illegal activities. They are entitled to the legal protections and rights guaranteed by their flag state’s laws.

Q: How does the Exclusive Economic Zone (EEZ) affect these rights?

A: The EEZ extends 200 nautical miles from a coastal state’s baseline, giving that state rights to explore and exploit resources. However, while coastal states have special rights in their EEZ, foreign vessels still enjoy freedom of navigation. A ship’s captain and crew retain the right to refuse boarding by local authorities unless there are reasonable grounds for suspected violations of laws related to resource exploitation or other illegal activities.

Q: What conditions must be met for a coastal state to board a foreign vessel in its EEZ?

A: A coastal state can only board a foreign vessel in its EEZ if there is a reasonable suspicion of illegal fishing, pollution, or other breaches of the coastal state’s laws and regulations. Even in such cases, the principle of proportionality and the need for thorough investigation must be adhered to.

Q: Are there any potential risks for a ship’s captain and crew if they resist boarding?

A: Yes, while captains and crew have rights under UNCLOS, resisting lawful boarding can lead to significant risks. If a vessel is found to be in breach of the laws of the coastal state or is suspected of illegal activities, authorities may employ force to ensure compliance. Additionally, such actions may result in serious legal repercussions for the captain and crew under both international law and the laws of the flag state.

Q: How can captains and crew protect their rights effectively?

A: Captains and crews should be knowledgeable about their rights under UNCLOS, maintain proper documentation, and ensure their vessels comply with international and local laws. In situations of potential boarding, crews should remain calm and seek to communicate with authorities to verify the legitimacy of the boarding. If necessary, they should document the event and contact their flag state’s consulate or maritime authority for assistance.

Q: In summary, what should mariners keep in mind regarding rights on the high seas and in EEZs?

A: Mariners must understand that while they have significant rights under UNCLOS on the high seas and in an EEZ, those rights can be subject to limitations based on local and international law. Maintaining compliance with regulations and being aware of the legal framework is essential for ensuring smooth maritime operations and protection of their rights.

For more information on maritime law and developments, stay tuned to WPS News.

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