“CONVENTION ON LAW OF SEA”

(PUBLIC INTERNATIONAL LAW)

SUBMITTED BY: SUBMITTED TO:

MOHIT TEWATIA(18LLB026) ASST. PROF.BALWINDER

PARTH SOLANKI(18LLB32)
INTRODUCTION

The law of the sea is a body of public international law governing the geographic jurisdictions of
coastal States and the rights and duties among States in the use and conservation of the ocean
environment and its natural resources. The law of the sea comprises the rules governing the use
of the sea, including its resources and environment. The law of the sea is one of the principal
subjects of international law and is a mixture of treaty and established or emerging customary
law. The law of the sea covers rights, freedoms and obligations in areas such as shipping,
territorial seas and waters and the high seas, fishing, wrecks and cultural heritage, protection of
the marine environment and dispute settlement

The full text of the United Nations Convention of the Law of the Sea (1982) (UNCLOS) is
available on the United Nations website (open access). The Convention also has its own website,
which contains historical background information, implementing agreements, dispute settlement
mechanisms and status of the Convention.

Travaux Préparatoires for the Law of the Sea 1958 (First Conference), 1960 (Second
Conference) and 1973-1982 (Third Conference) are available on the UN Diplomatic Conferences
website (open access). The Travaux Préparatoires are official documents recording the
negotiations, drafting, and discussions during the process of creating a treaty. These documents
may be consulted and taken into consideration when interpreting treaties.
United Nations Convention on the Law of the Sea (UNCLOS)

The United Nations Convention on the Law of the Sea is considered the “constitution of the
oceans”. It is also known as the Law of the Sea Convention or the Law of the Sea treaty. It was
open for signature at Montego Bay, Jamaica, on 10 December 1982 but entered into force on 14
November 1994. The Convention, concluded in 1982, replaced the quad-treaty 1958 Convention
on the High Seas. UNCLOS came into force in 1994, a year after Guyana became the 60th nation
to ratify the treaty. As of June 2016, 167 countries and the European Union have joined in the
Convention. It is uncertain as to what extent the Convention codifies customary international
law. The United Nations Convention on the Law of the Sea was adopted in 1982. It lays down a
comprehensive regime of law and order in the world's oceans and seas establishing rules
governing all uses of the oceans and their resources. It embodies in one instrument traditional
rules for the uses of the oceans and at the same time introduces new legal concepts and regimes
and addresses new concerns. The Convention also provides the framework for further
development of specific areas of the law of the sea.

The Division for Ocean Affairs and the Law of the Sea (DOALOS) of the Office of Legal
Affairs of the United Nations serves as the secretariat of the Convention on the Law of the Sea
and provides information, advice and assistance to States with a view to providing a better
understanding of the Convention and the related Agreements, their wider acceptance, uniform
and consistent application and effective implementation. The Division monitors all
developments relating to the Convention, the law of the sea and ocean affairs and reports
annually to the General Assembly of the United Nations on those developments. It also assists
the United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea
in reviewing such developments.
The features and the highlights of the same can be explained as follows:

 UNCLOS as the currently prevailing law of the sea is binding completely.

 Even as the name of the nautical law suggests a United Nations’ involvement, the UN does
not have any major functional role in the working of UNCLOS

 There are 17 parts, 320 articles and nine annexes to UNCLOS

 The law of the sea provides for full money rights to nations for a 200-mile zone by their
shoreline. The sea and oceanic bed extending this area is regarded to be Exclusive
Economic Zone (EEZ) and any country can use these waters for their economic utilisation

 The IMO (International Maritime Organisation) plays a vital role in the operation of
UNCLOS. Along with the IMO, organisations like the International Whaling Commission
and the International Seabed Authority are vital parties in the functional areas of the
nautical law
HISTORY

UNCLOS replaces the older 'freedom of the seas' concept, dating from the 17th century: national
rights were limited to a specified belt of water extending from a nation's coastlines, usually 3
nautical miles (5.6 km) (Three-mile limit), according to the 'cannon shot' rule developed by the
Dutch jurist Cornelius van Bynkershoek. All waters beyond national boundaries were considered
international waters: free to all nations, but belonging to none of them (the mare liberum
principle promulgated by Hugo Grotius).

In the early 20th century, some nations expressed their desire to extend national claims: to
include mineral resources, to protect fish stocks, and to provide the means to enforce pollution
controls. (The League of Nations called a 1930 conference at The Hague, but no agreements
resulted.) Using the customary international law principle of a nation's right to protect its natural
resources, President Harry S. Truman in 1945 extended United States control to all the natural
resources of its continental shelf. Other nations were quick to follow suit. Between 1946 and
1950, Chile, Peru, and Ecuador extended their rights to a distance of 200 nautical miles (370 km)
to cover their Humboldt Current fishing grounds. Other nations extended their territorial seas to
12 nautical miles (22 km).

By 1967, only 25 nations still used the old 3-mile (4.8 km) limit,[citation needed] while 66
nations had set a 12-nautical-mile (22 km) territorial limit[citation needed] and eight had set a
200-nautical-mile (370 km) limit.[citation needed] As of 28 May 2008, only two countries still
use the 3-mile (4.8 km) limit: Jordan and Palau.[7] That limit is also used in certain Australian
islands, an area of Belize, some Japanese straits, certain areas of Papua New Guinea, and a few
British Overseas Territories, such as Anguilla.
Provision of the Law of the Sea Convention

The Law of the Sea Convention introduced a number of provisions and covered the most
significant issues such as setting limits, navigation, archipelagic status and transit regimes,
exclusive economic zones, jurisdiction of continental shelf, deep seabed mining, the exploitation
regime, protection of the marine environment, scientific research, and settlement of disputes. The
key areas of the convention are discussed below:

1. Internal waters:

According to this treaty, country can make laws without interference of the alien country;
regulate its use and use of its resources. Foreign vessels have no right of passage within internal
waters without permission.

2. Territorial waters:

This convention defined the territorial water baseline as 12 Nautical miles in which parent
country is free to set laws, regulate use and use of its resources. Alien vessel are not allowed to
enter within the territorial water baseline without permission except innocent passage (Innocent
passage" is defined by the convention as passing through waters in an expeditious and
continuous manner, which is not "prejudicial to the peace, good order or the security" of the
coastal state.)

3. Archipelagic waters:

According to this convention, States consisting of archipelagos, provided certain conditions are
satisfied, can be considered as “archipelagic States”, the outermost islands being connected by
“archipelagic baselines” so that the waters inside these lines are archipelagic waters (similar to
internal waters but with a right of innocent passage and a right of archipelagic sea lanes passage
similar to transit passage through straits, for third States).
 4. Exclusive Economic Zone:

According to this convention, a 200-mile exclusive economic zone including the seabed and the
water column, may be established by coastal States in which such States exercise sovereign
rights and jurisdiction on all resource-related activities, including artificial islands and
installations, marine scientific research and the protection of the environment; other States enjoy
in the exclusive economic zone high seas freedoms of navigation, overflight, laying of cables and
pipelines and other internationally lawful uses of the sea connected with these freedoms; a rule
of reciprocal “due regard” applies to ensure compatibility between the exercise of the rights of
the coastal States and of those of other States in the exclusive economic zone.

5. Continental Shelf:

This convention defined the external limits of the continental shelf which may exceed 200
nautical miles until the natural prolongation ends. However, it may never exceed 350 nautical
miles from the baseline; or it may never exceed 100 nautical miles beyond the line connecting
the depth of 2,500 meters. Coastal states have the right to use mineral and non-living material in
the subsoil of its continental shelf, to the exclusion of others.

6. Contiguous zone:

The area of the 12 Nautical miles beyond the territorial waters baseline is called Contiguous
zone. According to the convention, beyond the 12-nautical-mile (22 km) limit, there is a further
12 nautical miles (22 km) from the territorial sea baseline limit, the contiguous zone. The
countries that coming within the ambit of this zone can enforce laws only in four areas, i.e.
Pollution, taxation, customs and immigration.

7. Rights of passage and navigation:

The Convention preserves the right of innocent passage for foreign ships in the territorial sea of
a coastal State. Additionally, ships and aircraft of all States are allowed “transit passage” through
straits used for international navigation and States bordering such straits can regulate
navigational and other aspects of transit passage. In the exclusive economic zone and on the high
seas, all States including land-locked States have the freedom of navigation. Land-locked States
also have the right of access to and from the sea and the right to enjoy freedom of transit through
the territory of transit States.

8. Peace and Security of oceans and seas:

Maritime security and the safety of life at sea are threatened by a number of criminal activities,
such as piracy and armed robbery against ships, terrorist attacks against shipping and maritime
installations, hijackings,etc. By providing a framework for the regulation of all activities related
to the uses of the oceans and seas, the Convention strengthens peace, security, cooperation and
friendly relations among all States. The Convention sets out the rights and duties of coastal and
flag States with regard to the exercise of their criminal jurisdiction in the respective maritime
zones. The Convention also provides a basis for cooperation by, among others, calling on States
to cooperate to the fullest possible extent in the repression of acts of piracy and in the
suppression of illicit traffic in narcotic drugs and psychotropic substances.

9. Conservation and management of marine living resources:

Under the Convention, responsibility for ensuring the long-term sustainability of living marine
resources within the 200 nautical mile exclusive economic zone rests with coastal States. On the
high seas, States have a duty to cooperate with other States in adopting measures to manage and
conserve living resources. These provisions are further implemented by the Fish Stocks
Agreement, which provides the legal regime for the conservation and management of straddling
and highly migratory fish stocks, including regarding the establishment of regional fisheries
management organizations and arrangements (RFMOs/As) as the primary vehicle for
cooperation between States. The Convention requires all States to protect and preserve the
marine environment, including rare or fragile ecosystems and the habitat of endangered species.
They are also required to take all measures consistent with the Convention to prevent, reduce and
control pollution of the oceans. The Convention is complemented by a number of other legal
instruments which address specific sources of pollution or other adverse impacts on the marine
environment.

10. Marine scientific research:

Marine scientific research is a critical underpinning of effective measures to preserve the marine
environment and ensure the sustainable use of ocean resources. The Convention requires States
and competent international organizations to promote and facilitate marine scientific research,
including through cooperation.Since coastal States have sovereignty over their territorial sea,
they have sole entitlement to research in these waters. In the exclusive economic zone and
continental shelf, the prior consent of the coastal State is required for any research activity. The
Convention states that, under normal circumstances, consent for research should be granted, and
not unreasonably delayed or denied. In the 30 years since the adoption of the Convention,
considerable progress has been made in marine science, including the discovery of new species
and new features in the ocean depths.

11. Dispute settlement procedures:

Under the Charter of the United Nations, States are required to settle their international disputes
by peaceful means. This is echoed in the Convention which requires States to settle any disputes
between them concerning the interpretation or application of the Convention by peaceful means.
If parties to a dispute cannot resolve their dispute through bilateral means, the Convention gives
them a choice among four procedures, entailing binding decision, as follows: submission of the
dispute to the International Tribunal for the Law of the Sea, adjudication by the International
Court of Justice, submission to binding international arbitration procedures or submission to
special arbitration tribunals with expertise in specific types of disputes. All of these procedures
involve binding third-party settlement, in which an agent other than the parties directly involved
renders a decision that the parties are committed in advance to respect. The only exception to
these provisions is made for sensitive cases involving national sovereignty. In such
circumstances, the parties are obliged to submit their dispute to a conciliation commission, but
they will not be bound by any decision or finding of the commission. Over the past 30 years,
arbitral tribunals, the International Court of Justice and the International Tribunal for the Law of
the Sea have heard many cases on the law of the sea.

12. Limits of Maritime Zones

Maritime zones

Under the Convention, a coastal State is entitled to a territorial sea not exceeding 12 nautical
miles measured from its baselines. Within its territorial sea, the coastal State exercises
sovereignty, including over its resources. Subject to the provisions of the Convention, ships of all
States enjoy the right of innocent passage through the territorial sea. The Convention also grants
a coastal State the right to establish a contiguous zone not extending beyond 24 nautical miles
from the baselines. Within its contiguous zone, the coastal State may exercise the control
necessary to prevent and punish infringement of customs, fiscal, immigration or sanitary laws
and regulations that have occurred within its territory or territorial waters and to control, in
specified circumstances, the trafficking of archaeological and historical objects. In addition, a
coastal State may establish an exclusive economic zone not extending beyond 200 nautical miles
from its baselines, where the coastal State has sovereign rights. Further, under the Convention a
coastal State exercises sovereign rights over its continental shelf for the purpose of exploring and
exploiting its mineral and other non-living resources of the seabed and subsoil together with
living organisms belonging to sedentary species. The Convention also gives coastal States
jurisdiction over their continental shelf with regard to the establishment and use of artificial
islands, installations and structures; drilling of the continental shelf; cables and pipelines
constructed or used in connection with exploration of the continental shelf etc. Pursuant to the
Convention, the continental shelf comprises the seabed and subsoil of the submarine areas that
extend beyond the territorial sea of coastal States up to 200 nautical miles from the baselines.

Institutional bodies established under UNCLOS

a. The International Seabed Authority: The International Seabed Authority is the
intergovernmental organization through which States Parties toUNCLOS organize and
control activities in the Area, particularly with a view to administering the resourcesof the
Area. The Authority was established on 16 November 1994, upon the entry into force of
the Convention, and became fully operational in June 1996. Its headquarters are in
Kingston, Jamaica. Its organs include the Assembly, the Council and the Secretariat. In
addition, the authority has two subsidiary organs, the Legal and Technical Commission
and the Finance Commission. The main functions of the Authority are to administer the
mineral resources of the Area; to adopt rules, regulations and procedures for the conduct
of activities in the Area; to promote and encourage marine scientific research in the Area;
and to protect and conserve the natural resources of the Area and prevent damage to the
flora and fauna of the marine environment. Among the main accomplishments of the
Authority is the adoption of a “Mining Code,” a comprehensive set of rules, regulations
and procedures issued to regulate prospecting, and exploration of marine minerals in the
Area.

b. The International Tribunal for the Law of the Sea: The Tribunal, which is based in
Hamburg, Germany, was established following the entry into force of the Convention in
1994 and became fully operational in 1996. The Tribunal is composed of 21 independent
members elected by secret ballot by the States Parties to the Convention from among
persons enjoying the highest reputation for fairness and integrity and of recognized
competence in the field of the law of the sea Members are elected for nine years and may
be reelected; the terms of one third of the members expire every three years. The Tribunal
consists of a number of Chambers specialized in various categories of disputes, namely,
Seabed Disputes; Summary Procedure; Fisheries Disputes; Marine Environment
Disputes; and Maritime Delimitation Disputes. In addition, the Tribunal will form a
chamber to deal with a particular dispute if the parties so request. In all other cases,
disputes are handled by the Tribunal as a whole. The administrative organ of the Tribunal
is the Registry obtain jurisdiction in several ways. First, the Tribunal may have
jurisdiction to adjudicate disputes arising out of the interpretation and application of the
Convention when all parties to such a dispute have selected the Tribunal as a first choice
among the dispute settlement options provided by the Convention. More broadly, the
 Tribunal may have jurisdiction with respect to all matters specifically provided for in any
other agreement which confers jurisdiction on the Tribunal ( for instance, the 1995 Fish
Stocks Agreement incorporates by reference the dispute settlement provisions of the
Convention). The Tribunal can also order provisional measures. Furthermore, it has
jurisdiction in “prompt release” cases, which are cases involving situations in which a
coastal State has detained a foreign flag vessel or its crew. The Tribunal may obtain
jurisdiction when it has been selected for this purpose by the parties to the dispute
through a special agreement. In addition, the Tribunal may issue advisory opinions in
certain instances. A total of nineteen cases have been submitted to the Tribunal since its
inception, covering issues such as prompt release, provisional measures, and maritime
boundary delimitation.

c. The Commission on the Limits of the Continental Shelf: The Commission is

composed of 21 members who are experts in geology, geophysics, or hydrography. States
Parties to the Convention elect them from among their nationals having due regard to
equitable geographical representation. The members of the Commission serve in their
personal capacity. The principal function of the Commission is to consider data and other
material submitted, in accordance with article 76 of the Convention, by coastal States
concerning the outer limits of the continental shelf beyond 200 miles and to make
recommendations thereon. The limits established by coastal States on the basis of the
recommendations of the Commission are final and binding. Coastal States must deposit
with the Secretary-General of the United Nations nautical charts and all relevant
information.
The Secretary General, in turn, gives due publicity to such information. The Commission
also provides, upon request, scientific and technical advice to coastal States during the
preparation of their submission to the Commission concerning the outer limits of their
continental shelf extending beyond 200 nautical miles. A voluntary trust fund
administered by the Division provides some resources to assist developing States in the
preparation of their submissions.
As at November 2012, three States had delineated the outer limits of their continental
shelves on the basis of the CLCS recommendations, and deposited with the Secretary-
General relevant data, including lists of geographical coordinates of points, making these
limits final and binding.