basic framework for most of the Law of the Sea, though in some way they have been replaced by the 1982 Law of the Sea Convention, Although that Convention will not enter into force until it is ratified by 60 States, all the 117 States which have so far signed it, Tanzania being one of them, are nevertheless obliged to refrain from acts which would defeat its object and purposes, unless they make it clear that they do not intend to proceed to ratify.^ States
intending to ratify will generally tend to conform to its terms or, at least its spirit, before it enters into force. Furthermore, some parts of the Law of the Sea Convention have already passed into
customary law and as such may bind States, whether party to it or not, and regardless of whether the Convention has entered into force.
States who are parties to the 1958 Conventions will become parties to the new Convention, which is expressly stated to prevail over the 1958 Conventions;^ but until that time, though their hands may be tied by the old rules, their attention should be drawn to the new. As stated above, since Tanzania is not a party to the 1958 Conventions, then its attention should be placed on the new Convention. In addition to the basic conventional framework pointed out above, rules of customary law, such as those concerning historic bays, and other International Conventions concerning pollution and navigation are, and in fact will continue to be, of enormous importance in determing the detailed rights and duties of States.
For many years Tanzania has recognized the importance of shipping and navigation as the backbone of international commerce. Both the 1958 Conventions and the 1982 Law of the Sea Convention also recognized navigation as one of the freedoms of the high seas. This freedom of navigation however cannot be thus confined to the high seas. The Right
Q
of Innocent Passage in the Territorial Sea, transit over straits and archipelagic waters, the freedom of navigation in the exclusive economic zone-are all areas which are broad components, as well as safeguards of the freedom of navigation. It should be noted too that in the spheres of maritime transportation and commerce, it is becoming increasingly necessary to meet the fast-growing interdependence of the world in trade. Therefore, the sea as a medium of communication, brings nations together and fosters global cooperation. As recognition of this.
during UNCLOS III, Tanzania stressed the importance bf adequately safeguarding the freedom of navigation for commercial and peaceful
9 purposes.
It was pointed out earlier that most of the developing countries, particularly the African States including Tanzania, did not take part in the previous 1958 and 1960 Conferences on the Law of the Sea, so they did not participate in devising a new regime which would
sufficiently reflect their interests. Now that Tanzania has actively participated in the intensive negotiations of UNCLOS III, which gave birth to the present Law of the Sea Convention, it is therefore its duty to demonstrate to the international community that the seriousness and commitment it had shown at the negotiating table is put into
reality by ratifying the same. In order to understand the importance of the 1982 Law of the Sea Convention, it will be appropriate to high light a few areas of the Convention, at least briefly.
The Law of the Sea Convention is a very complex Treaty, which is in fact a set of compromises between the interests of different States having different levels of interests in particular maritime activities.
For example, some States may have large merchant or even fishing fleets,
while others have very small ones. Others may have great mineral wealth
in their continental shelves, and others nothing at all. Some countries
may have the technological know-how while others do not. Landlocked
and geographically disadvantaged states also have their own particular intersts. All these diverse interests will determine the attitudes of States to the Law of the Sea. Despite all these different levels of interest, the Law not only needs to accommodate uses of the sea, but it also needs to resolve conflicts, at least one would say to better provide a framework for avoiding conflicts of any nature between users. Due to the nature of the Convention, many issues will be involved that will raise constitutional, political, financial and economic problems for Tanzania, and similar problems vis-a-vis other parties and non- parties to the Convention. It is even a fact that Tanzania's interest
is also a compromise between various conflicting national demands. As a coastal and Port State, this Convention provides Tanzania with a base for certain rights and responsibilities; Part II of the Convention, for example, provides for a coastal state to exercise sovereignty over
their territorial sea of up to 12 miles in breadth, but foreign vessels would be allowed "Innocent Passage" through these waters for purposes of peaceful navigation. This part also provides for a contiguous zone. Before UNCLOS III Conference, the breadth of the territorial sea was, however, far from settled in international law. In the 17th Century some of the exotic forms of limit included the range of vision on a clear day and the range of a cannon on shore! Around 1793 the so-called cannon shot mile came to be accorded a standard value of one marine league, or roughly three miles. The "three-mile rule" did have some adherents, mostly maritime states, but it never could attract wide support which was necessary to trans form it into a rule of international law.
In fact, both UNCLOS I in 1958 and UNCLOS II in 1960 failed to prescribe any limit to the breadth of the territorial sea. During this period it would appear that a coastal state was free to fix any limit to the breadth of its territorial sea, subject of course to the requirement of "reasonableness" which in itself was debatable. However, some
maintained that delimitation of a territorial sea partakes international aspects and hence it could not be dependent on the will of the coastal state alone. Thus the International Law Commission (ILC) suggested
that the issue of breadth be settled through an international conference. UNCLOS III has achieved this. As far as Tanzania is concerned, it claimed
12 miles of territorial .sea in 1963, but ten years later in 1973 it extended it to 50 miles to, inter alia, keep the foreign fishing vessels away. Article 15 of Part II of the Law of the Sea Convention, 1982 provides for the delimitation of the territorial sea between States with opposite or adjacent coasts, like Tanzania and Kenya to the north and Mozambique in the south. Tanzania needs to establish this very clearly so that its neighbours know its limits, and this would minimize any future possibility of misunderstanding between Tanzania and its neighbours.
Part V of the Convention provides a coastal state with sovereign rights