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Page 1 Click to edit Master subtitle styleThe United Nations

Convention On Law Of The

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INTRODUCTION

Overarching governance framework for nearly three-quarters of the earths surface & what lies beneath it

A comprehensive attempt in creating a unified regime forgovernance of the rights of the nations in respect to worlds

oceans Matters not regulated by the Convention will be governed by

rules and principles of general principles of law

Addresses a variety of topics including division of ocean

areas, navigational rights, economic rights, pollution of seas,scientific explorations, compulsory settlement of disputes,etc.

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ABOUT UNCLOS 1982

Great importance to world community Multilateral treaty of considerablesignificance

Convened in the year 1982 but entered into

force on 16 November 1994 One of the largest and important legalinstrument created containing 320 Articles

and 9 annexes Presently, 160 nations are parties to theConvention

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AREAS

1. Baselines: boundary from which a nation maybegin measurements to determine the portion ofadjacent oceans or continental shelf over which suchnations may exercise sovereignty. Low water-linealong the coast(A.5)

Straight Baselines- when then coastline is deeplyindented or cut into or where there is a fringe ofislands along the coast in its immediate vicinity-

joining appropriate points (A. 7)

2. Internal Waters: those which are contained in thelandward side of the baseline. Exclusive sovereigntyof the nation in which they are contained (A.8)

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3. Territorial Sea: a nation may establish territorial sea

upto 12 nautical miles from the baseline. Exclusivesovereignty over water, sea and air space withinterritorial waters. Reflects customary international law(A. 3)

Equidistant or Special Circumstance Rule: coasts

of 2 states are opposite/adjacent- every point of which isequidistant form the nearest point of the baseline (A. ?)

4.Archipelagic States: a state constituted wholly orpartly by 1 or more archipelagos (group of islands

including parts of islands interconnecting and othernatural features which are closely inter-related) [Part IV,A.48]

5. Contiguous Zone: 24 nautical miles from the baseline(A. 33),Sorenson and Jansen (1991) SC of Chile

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6. Exclusive Economic Zone: an area beyond andadjacent to territorial sea, not exceeding 200 nauticalmiles. Coastal states have the following rights:

Exploring & exploiting

Artificial islands, marine scientificresearch, preservation of marineenvironment

(Part V, A.55 & 56)

7. Continental Shelf: natural prolongation of nationalterritory to the continental margins outer edge or 200nautical miles from the baseline, if it extends may extendupto 350 nautical miles

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8. High Seas: sea for all, parts of seas not included inEEZ, territorial sea or internal waters of a state, or inarchipelagic waters of the archipelagic state. Freedom ofthe High Seas: ? (A. 87)

To be exercised with due regard for the interests of therights of the other states. No state can claim sovereigntyover any part of the high sea (A. 89)

9. Deep Seabed: The area is beyond the sovereignty ofany state. Most controversial aspect of the treaty. Statesfinancially and technologically developed states will beable to undertake mining. Modified 1982 Convention by

Agreement of 1994-advocated the policy of Commonheritage of mankind.

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PEACEFUL SETTLEMENT OFDISPUTES

Requires states to compulsorily settle disputes peacefully (A.286)

Authorities for settlement of disputes:

ITLOS

ICJ

Arbitral or Special Arbitral Tribunal

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ENVIRONMENTAL CONCERNS

Not an environmental treaty but mentions environmental concerns States have obligation to protect and preserve marine environment: A.

192

prevent, reduce and control pollution: A. 195

Dumping at sea is defined in the Convention as any deliberate disposalof wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea.

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PIRACY Great concern to the maritime world. International community has

called for greater cooperation to curb this huge challenge. Article 101 ofthe UNCLOS define piracy as:

Piracy consists of any of the following acts:

(a) anyillegal acts of violence or detention, or any act ofdepredation, committed for private endsby the crew or the

passengers of a private ship or a private aircraft, and directed:

(i) on the high seas, against another ship or aircraft, or against personsor property on board such ship or aircraft;

(ii) against a ship, aircraft, persons or property in a place outside the

jurisdiction of any State;

(b) any act ofvoluntary participation in the operation of a ship or ofan aircraft with knowledge of facts making it a pirate ship or aircraft;

(c) any act ofinciting or ofintentionally facilitating an act described

in subparagraph (a) or (b).

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Most vulnerable areas are the areas of seas including waters ofAfrica(Somalia, Nigeria and Sierra Leone), South China Sea (the triangleformed by Hong KongLuzonHainan Island and waters off thePhilippines) Central America and the Mediterranean Sea. In theSouth Asian subcontinent, Sri Lanka, Bangladesh and Indian

waters were also plagued with piracy. Measures to counter piracy: 1. equip ships crew with arms but its

not allowed since it would the change the status of the ship ascombatant.

2. ship bodyguard

3. well-known ship tracking system SHIPLOCK India: Indian Navy and Coast Guard responsible for maintaining

maritime order in Indian EEZ. Coordinator of NAVAREA VIII forbroadcasting safety messages

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ENRICA-LEXIE ISSUE 2012 Shooting in the Arabian Sea on 15 February 2012 off the

south-west coast of India in which two Indian fishermenwere killed: Ajesh Binki from Tamil Nadu and Valentinefrom Kerala

What Happened? Oil tankerMV Enrica Lexie traveling fromSingapore to Egypt while a Indian fishing trawler called

Saint Antony was returning after a fishing expedition. Incident precisely occurred at 11:30 am at 33 nautical miles

off the coast of Arabian Sea as per satellite tracking -suspected fishing trawler to be some pirate ship - flashed

search lights as warning signal - fired at the trawler inwhich two fishermen were killed

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Firing by the Italian marines deployed as security

(Massimiliano Lattore and Salvatore Girone) - arrested on19 Feb 2012 - standing trial on charges of murder

Legal Jurisdiction: Italy> absolute immunity, Article 97 -India> committed against Indian citizen in an Indian ship,

limitations of Sovereign immunity Mirrors the factual situation the famous 1927 Lotus case

Monetary compensation to the families of the victims butcould be set aside

On 21 Dec. 2012 India permitted the Italian marines tocelebrate Xmas and New Year with their families.

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