What Are Internal Waters?

Internal waters are bodies of water located landward of a nation's baseline, including ports, harbors, bays, and rivers that fall within the sovereign jurisdiction of a coastal state. These waters are not subject to international navigation laws, meaning that states have full control over them, unlike territorial waters, which allow for the innocent passage of foreign ships. Internal waters are of great significance because they play a vital role in trade, security, and the protection of a nation’s marine environment.

What Are Internal Waters?

Definition of Internal Waters

Internal waters are waters that lie inside the baseline of a state’s territorial waters. The baseline is typically drawn along the low-water line of the coast, but in some cases, straight baselines are used to connect points along the coast. Internal waters include:

• Rivers, lakes, and canals that flow within the state’s boundaries.
• Ports, harbors, bays, and gulf waters.
• Waters enclosed by the coastline that are fully controlled by the state.

The main characteristic that distinguishes internal waters from territorial waters is that they lie landward of the baseline and are thus completely under the sovereign jurisdiction of the coastal state.

Sovereignty Over Internal Waters

A state has full sovereignty over its internal waters, meaning it exercises complete control over access, navigation, and resource use. Foreign vessels do not have an automatic right to pass through or use internal waters, unlike in territorial waters, where they have a right to innocent passage.

• Sovereign Rights: The coastal state can regulate activities within internal waters without interference from other nations. This includes activities such as fishing, pollution control, and military operations.
• No Right of Passage: Unlike in territorial seas, where ships of foreign nations have a right to pass if their passage is innocent, foreign vessels cannot navigate freely in internal waters without permission from the coastal state.

Difference Between Internal Waters and Territorial Waters

The key differences between internal waters and territorial waters are based on the extent of sovereignty and the rights of foreign ships to navigate through these waters:

• Internal Waters: These are under the complete sovereignty of the state, and foreign ships have no inherent right of passage. Access is restricted and subject to the state's permission.
• Territorial Waters: These are waters up to 12 nautical miles from the baseline. While a coastal state has sovereignty over these waters, foreign vessels are allowed the right of innocent passage, meaning they can pass through without hindrance as long as they do not threaten the peace, security, or order of the coastal state.

Examples of Internal Waters

Ports and Harbors

Every port or harbor in a coastal state is part of its internal waters. For example:

• The Port of Mumbai in India
• The Port of New York in the United States
• The Port of London in the UK

All of these are internal waters because they are located landward of the national baseline and are fully under the control of the respective states.

Rivers and Lakes

Water bodies like the Ganges River in India and the Great Lakes in North America are examples of internal waters, as they lie within the territorial limits of a state or multiple states.

Rights of Foreign Ships in Internal Waters

Foreign vessels have no automatic right to enter internal waters. Access is entirely at the discretion of the coastal state. However, a coastal state may grant permission for foreign ships to enter its internal waters for certain purposes such as:

• Commercial Activities: Ships may be allowed to dock at ports for loading or unloading goods.
• Humanitarian Purposes: Foreign ships may be granted access in cases of emergency or humanitarian assistance.
• Diplomatic Agreements: States may enter into bilateral or multilateral agreements allowing specific foreign vessels access to certain internal waters, such as through port calls or military cooperation.

International Law and Internal Waters

Under UNCLOS (United Nations Convention on the Law of the Sea), the distinction between internal waters and territorial waters is clear:

• UNCLOS Article 8: Provides that waters on the landward side of the baseline are internal waters, and states have the exclusive right to regulate their use.
• Foreign ships may not exercise the right of innocent passage in internal waters, in contrast to territorial seas where such a right exists, provided the passage is innocent and does not threaten the state’s peace or security.

States’ Right to Control Internal Waters

Coastal states have the right to regulate several activities within internal waters, including:

• Navigation: Determining the conditions under which foreign ships can enter, dock, or engage in activities within these waters.
• Fishing: Managing fish stocks and regulating fishing practices within their internal waters, ensuring sustainability and preventing illegal activities.
• Environmental Protection: Enforcing environmental regulations to protect coastal ecosystems from pollution and over-exploitation.

Examples of Internal Waters in Practice

Mumbai Port (India)

The Mumbai Port is an example of a state-controlled internal waterway. It serves as a vital international trading hub, but foreign ships must obtain permission to dock and use the port facilities.

Ganges River (India)

The Ganges River, flowing through India, is an example of a significant internal water. While it may be used by domestic vessels, international vessels are not allowed to navigate without specific permissions from the Indian government.

Suez Canal (Egypt)

While the Suez Canal is a vital international waterway, it is considered internal water under Egypt's jurisdiction. Ships from around the world are allowed to pass through the canal, but this right is governed by specific international agreements and subject to Egypt’s control and regulations.

Conclusion

Internal waters are crucial to a state’s sovereignty over its coastal zones, providing it with full control over navigation, resource management, and environmental protection. Unlike territorial waters, which allow for the innocent passage of foreign vessels, internal waters are entirely subject to a state's jurisdiction, with entry and use restricted to the state’s discretion. The distinction between internal waters and territorial waters is a fundamental aspect of international maritime law that ensures the protection of state interests and national security in coastal areas.