Sovereign Rights in Jamaica's Territorial Waters: Law and Legislation

This essay examines Jamaica's sovereign rights within its territorial waters, providing a comprehensive legal analysis. It begins with an introduction to territorial waters, defining them and explaining the concept of sovereignty as it relates to maritime zones, including internal waters, the territorial sea, and the exclusive economic zone, as defined by the United Nations Convention on the Law of the Sea (UNCLOS). The essay details Jamaica's status as an archipelagic state, which grants it additional rights over archipelagic waters. It highlights the extent of Jamaica's territorial claims, including the contiguous zone and continental shelf rights. The discussion further covers Jamaica's jurisdiction over ships on the high seas, with exceptions for piracy and other illegal activities. The essay concludes by summarizing Jamaica's sovereign rights, emphasizing the role of UNCLOS, the Montego Bay Convention, and the Geneva Convention. It also mentions Jamaica's maritime boundary agreements with Colombia and Cuba. This essay provides a detailed overview of Jamaica's sovereign rights, supported by relevant legislation and international conventions.

Running head: Jamaica and Territorial Waters Sovereignty
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Whether Jamaica possesses sovereign rights in its territorial waters
Introduction
Territorial water is used to describe water bodies over which a state has jurisdiction over.
These include internal water bodies as well as the continental shelf; the territorial sea as well as
the economic zone that is mentioned and provided for under the United Nations Convention on
the Law of the Sea (UNCLOS).
Sovereignty and territorial waters
Most countries claim territorial waters along the sea. Territorial sea refers to a zone that
stretches from the low watermark up to 12 nautical miles. This is a zone of territorial sovereignty
which is considered as part of a state. Under the Montego Bay Convention of 1982 as well as the
Geneva Convention on the Territorial Sea and Contiguous Zone, there is a proviso that permits
foreign ships to pass innocently across a territorial sea belonging to another state without
breaching sovereignty (Rothwell & Stephens, 2016, p. 21).
Warships are however not permitted to exercise a right to innocently pass as a result of
the threatening impacts on smaller coastal states.
Jamaican Status
Jamaica is considered as an archipelagic state. This gives it an additional zone, the
archipelagic water which is interposed between the internal waters and an adjacent territorial sea.
The archipelagic waters in Jamaica extend from Pedro Cays and an additional 12-mile territorial
sea. Jamaica therefore has the right to claim to lay claims over vast areas of water.
Jamaica also has a contiguous zone which extends to approximately188 miles. Any
coastal state has a sovereign right over such zones, allowing it to exploit and explore all the
living and non-living resources found in this zone.

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Jamaica also claims continental shelf rights. These rights are equally applicable to continental
land masses where a state would claim rights over its continental shelf so as to preserve its non-
living resources even beyond the economic zones.
Out of the exclusive economic zone is the deep seabed and the high seas. On and across
the high seas, Jamaica possesses the jurisdiction over and on its ships which fly its flag except in
circumstances where the said ship engages in piracy, unauthorized broadcasting or slavery. In
such cases, the jurisdiction is lost to other states (Kraska & Pedrozo, 2013, p. 43).
States have the freedom to navigate, fish, as well as fly over and on high seas. The deep
sea however is controlled by a seabed authority which holds that the seabed together with its
resources are common heritage that a state cannot claim or exercise jurisdiction over.
Jamaica has maritime boundaries with Colombia, Cuba with which it has signed
Maritime boundary agreements; 1993 with Colombia and 1994 with Cuba where certain zones
are exclusively managed by Jamaica while there are zones that are under joint management
between Jamaica and either of the two states subject to the respective Maritime agreements.
Conclusion
In conclusion therefore, Jamaica possesses sovereign rights in its territorial waters. Such
sovereignty is guided by the United Nations Convention on the Law of the Sea (UNCLOS), the
Montego Bay Convention of 1982 and the Geneva Convention on the Territorial Sea and
Contiguous Zone. This territorial jurisdiction extends to high seas but not the deep seabed.

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References
Kraska, J., & Pedrozo, R. (2013) International maritime security law Martinus Nijhoff
Publishers
Rothwell, D. R., & Stephens, T. (2016) The international law of the sea Bloomsbury Publishing
Treaties
Montego Bay Convention, 1982
United Nations Convention on the Law of the Sea (UNCLOS), 1982