UNITED NATIONS UNITED NATIONS CONVENTION ON LAWS CONVENTION ON LAWS OF THE SEA (UNCLOS)OF THE SEA (UNCLOS)

19821982

After World War II, many countries extended their territorial waters to 12 miles.

1945 America extended its jurisdiction to all Natural resources on the Continental shelf.

1946 Argentina followed suit.

1947 Chile and Peru joined in.

1950 Equador to protect its fish stock extended its territorial waters to 200 miles.

What features led to the formation of UNCLOS?

• 1. National claims over offshore resources.• 2. Coastal Fish stock threatened.• 3. Threat of Pollution from ships.• 4. Maritime powers striving to maintain world presence

1st November 1967• Malta’s Ambassador, Mr. Arvid Pardo,

while addressing the UN General Assembly called for an end to conflicts by having an “effective International regime over the Sea bed and the Ocean floor beyond a clearly defined National Jurisdiction”

• Pardo’s call led to :• 1. Forming of a UN Seabed Committee.• 2. Banning of nuclear weapons on the

Seabed.• 3. Adoption of a declaration by the UN

general Assembly that all resources beyond limits of the National Jurisdiction are the common heritage of mankind.

• The Stockholm conference on “Human Environment”.

• 5. The 3rd UN Conference on Law of the Sea deciding to write a comprehensive treaty

UNITED NATIONS CONVENTION on LAWS OF

THE SEA, 1982• 1973 : UN Conference convened in New

York. (After 9 years of discussion)• 10.12.1982 : Adopted :A constitution for

the Seas.• 16.11.1994 : Entered into Force • Convention is laid out in 320 Articles

arranged in 17 parts and 9 Annexes.

PROVISIONS OF THE CONVENTION

• 1. Navigational Rights• 2. Setting of Territorial Sea Limits.• 3. Economic jurisdiction.• 4. Legal Status of resources on the Sea

bed, beyond the limit of National jurisdiction.

• 5. Passage of ships through narrow straits.

• 6. Conservation and Management of living Marine resources.

Provisions (contd) • 7. Protection of the Marine Environment.• 8. Marine Research regime.• 9. Binding Procedure for settling

disputes.

(The provisions were to be adopted as a “package deal” viz., accepted in whole.)

1. Navigational rights Freedom of NavigationAll States shall have the right to use the high Seas

for navigation, even if they be landlocked. Right to Innocent PassageMerchant ships and War ships have the right to

innocent passage through the territorial waters of a Coastal State provided such passage is not detrimental to the State and does not threaten its security or violate its laws.

In these waters, States may establish sea lanes, and air routes where all ships and aircraft enjoy unobstructed passage

1. Navigational rights (contd)

• Transit Passage:• 1. Straits of Gibraltar (8 miles wide)• 2. Straits of Malacca (20 miles wide)• 3. Straits of Hormuz (21 miles wide)• 4. Bab el Mandeb (14 miles wide)

1. Navigational rights (contd)

Transit passage is a compromise of Innocent passage:

1. Straits given international status.2. Must follow rules of Navigation, air traffic,

oil pollution, to proceed without delay/ stopping.

3. Must pose no threat to Coastal States.4. In all other matters the Strait is to be

considered a territorial water

ARCHIPELAGIC STATES• Countries like Indonesia and Philippines

consist of a string of islands.In such cases the territorial waters extend

from the outermost points of the outermost islands.

The waters in between are called “Archipelagic Waters” and are open to “innocent passage”

2. Territorial Sea Limits

• A Territorial Waters Within 12 miles territorial area, States

are free to enforce any Law, regulate any use and exploit any resources.

2. Territorial Sea Limits (contd)

• B. Contiguous Zone

• IN ADDITION TO THEIR RIGHTS TO ENFORCE Laws within their territorial Seas, Coastal States are empowered to implement certain rights in areas, upto 24 nautical miles, for preventing certain violations and enforcing police powers. This area may be used by Coast Guard (or Navy) to chase and arrest drug smugglers, illegal immigrants, Customs or Tax evaders, who have violated laws within its territory.

2. Territorial Sea Limits (contd)

• C. Exclusive Economic Zone

• Coastal States have a right to exploit, develop, manage and conserve all reserves upto 200 miles. Includes oil gas, fish, minerals and metals

This is a big boon as 87% of known off shore oil reserves falls in this zone.

Most lucrative stocks of fish also fall in this zone.They should give access to allowable surplus catch.

2. Territorial Sea Limits (contd)

• D. Continental Shelf

• In case the Continental shelf extends beyond 200 miles, then the State may extend its Exclusive Economic Zone to 350 miles.

3. Economic Jurisdiction

4. Legal Status of Resources on the High Seas

• Part XI of the Convention deals with mining of minerals lying on the Ocean floor

• Consultations succeeded in July 1998 and an agreement on the implementation of Part XI was reached.

• Such resources are under the control of the “International Sea bed Authority” (Jamaica)

• The authority has an Assembly, a Council and a Secretariat

5. Passage of Ships through narrow straits

• Discussed under Transit Passage

6. Conservation and Management of living Marine

resources.• The Convention encourages optimum

use of Fish stock without risking depletion through overfishing. Each state is to determine the total allowable catch for each species of fish within its zone and what it is able to catch . States are obliged to give access to others, particularly landlocked States to surplus of the allowable catch.

7. Protection of Marine Environment

• The main sources of pollution addressed in the Convention are:

a) Land based and coastal activity.b) Continental shelf drilling.c) Seabed mining activity.d) Ocean dumping.e) Pollution from ships.f) Pollution of and from the atmosphere.

8. Marine Research regime.

9. Binding Procedure for settling disputes.

Key features of UNCLOS that concern shipping

• Article 90 Right of Navigation• Article 91 Nationality of Ships.• Article 92 Status of ships• Article 94 Duties of Flag State• Article 98 Duty to render assistance• Article 99 Prohibition of transport of

slaves

Key features of UNCLOS that concern shipping (contd)Article 101 Any illegal act of violence

committed on the high seas against another ship or against persons or property on board of such ship.

Article 108 Illicit traffic in narcotic drugs.

Article 113 Breaking or injuring of . submarine cables or pipelines.

Key features of UNCLOS that concern shipping (contd)

• Article 211 Pollution from vessels.

• Article 217 Enforcement by Flag States.

Obligation of Coastal States

• Fundamental obligation of all States to protect and preserve the environment

• With regard to Marine Pollution from foreign ships, Coastal States can only exercise Laws of “generally accepted international rules and standards”.

• Duty of the Flag State to enforce adopted rules (on the high seas).

Rights of Coastal States

• States have right to enforce their national standards and anti pollution measures within their Seas

• Each state has the power to protect and preserve the marine environment in its EEZ

UNCLOS in India• The Department of Ocean Development is the

agency for implementing UNCLOS in India.• States are required to submit data for claim

within 10 years from date of ratification which has given India an area of about 1 million sq kms outside the EEZ.

• Resources found in this area will be Indian with no obligation to give access for the surplus.

• It will be possible for India to lay submarine cables and pipelines which are useful for communications in this additional area