In LOAC-governed situations under the “other rules of international law” clauses in UNCLOS, a different definition may apply. The same may be the situation if the UN Charter supersedes UNCLOS or if jus
cogens norms apply. UNCLOS does not explain “coastal State.” A commentary declares:
“It is that State from the coast or baselines of which the breadth of the territorial sea is measured …”
UNCLOS refers to “coastal State” in many provisions, e.g., Articles 2 (coastal State sovereignty over land territory, internal waters, archipelagic waters in the case of archipelagic States, territorial sea and airspace above the territorial sea and territorial sea’s bed and subsoil), 5, 7, 14 (coastal State determination of baselines), 6 (rules for reefs), 15 (adjacent coastal State determination of baselines), 16(2) (coastal State obligations to publish charts or lists of geographic coordinates of
baselines, deposit them with UN Secretary-General), 19 (definition of innocent passage in coastal State territorial sea), 21 (coastal State authority to adopt laws, regulations relating to innocent passage), 22 (coastal State authority to impose sea lanes, traffic separation schemes in its territorial sea), 24 (coastal State duties with regard to innocent passage), 25 (coastal State rights of protection), 27–28 (coastal State criminal, civil jurisdiction over foreign ships in coastal State territorial waters), 30 (coastal State’s right to require warship to leave its territorial waters if warship does not comply with coastal State laws, regulations concerning territorial sea passage), 31 (flag State obligation for loss, damage to coastal State for warship noncompliance with territorial sea passage), 33 (coastal State discretion to establish contiguous zone), 56 (coastal State rights, jurisdiction, duties, required to have due regard for other States’ rights, duties, consistent with Convention), 58 (coastal, other States’ high seas rights, and due regard obligation), 59 (coastal State and obligation to resolve EEZ conflicts), 60 (coastal State exclusive right to construct, authorize and regulate construction, operation, use of artificial islands and the like; establishment of safety zones), 61 (coastal State determination of allowable catch of living resources in its EEZ), 62 (coastal State promotion of optimum utilization of resources in its EEZ), 63 (rules where species occurs in more than one coastal State’s EEZ), 65 (same with respect to highly migratory species), 65 (coastal State authority to prohibit, limit, regulate exploitation of marine mammals in its EEZ), 67 (rules for catadromous species in coastal State EEZ), 69 (landlocked States’ rights in coastal State EEZ), 70 (geographically disadvantaged States’ rights in coastal State EEZ), 73 (coastal State measures for exercising sovereign exploration, etc. rights), 75(2) (coastal State obligations to publish EEZ charts or geographic coordinates, deposit them with UN Secretary-General), 76 (rules for coastal States and continental shelf), 77 (coastal State rights over continental shelf), 78 (coastal State continental shelf rights do not affect airspace, waters over the shelf), 79 (rights of States to lay submarine cables, pipelines on continental
shelf subject to coastal State consent), 81 (exclusive coastal State right to regulate continental shelf drilling), 82 (payment rules for exploiting non-living resources beyond 200 nautical miles), 84 (coastal State obligations to publish EEZ charts or geographic coordinates, deposit them with UN Secretary-General), 85 (coastal State tunnelling rights), 111 (coastal States and hot pursuit rules), 208(1) (coastal State obligation to adopt laws, regulations regarding marine environmental
pollution), 211(6)(c) (additional coastal State laws regarding pollution), 216(1)(a) (coastal State enforcement of rules against dumping within its territorial sea), 220 (coastal State enforcement of pollution laws regarding its territorial sea or EEZ), 228(1) (time limitation, exceptions on bringing proceedings to impose penalties); 234 (coastal States’ rights to adopt laws, regulations for ice-covered areas), 246 (MSR and coastal State EEZ, continental shelf), 248 (States’, international organizations’ duty to provide coastal State of MSR projects in coastal State’s EEZ, continental shelf), 253 (coastal State’s right to suspend MSR), 254 (neighboring land-locked, geographically disadvantaged States’ rights to MSR and coastal State), 297(1) (dispute resolution procedures concerning interpretation, application of Convention in certain cases); 303 (coastal State rights to archeological, historical objects).
UNCLOS Article 124 defines “land-locked State.” The 1958 LOS Conventions do not define “coastal State,” although
there are many references to the term, e.g.: Territorial Sea Convention Articles 2 (coastal State sovereignty over airspace, territorial sea, bed, subsoil), 3 (baseline determination by coastal State), 4(6) (rules for coastal State delimitation of baselines), 9 (roadstead rules), 14(4) (coastal State and innocent passage), 15 (coastal State obligations with respect to innocent passage), 16 (coastal State authority where passage is not innocent; suspension of innocent passage), 17 (compliance with coastal State innocent passage rules), 19–20 (coastal State criminal, civil jurisdiction), 24 (coastal State authority to declare contiguous zone); High Seas Convention Article 23 (coastal States and hot pursuit rules); Fishing Convention Articles 6-7 (coastal State special interest in maintaining, regulating productivity of living resources in adjacent high seas areas); Shelf Convention Articles 2-5 (coastal State sovereignty, rights, obligations with regard to the continental shelf).