UNITED NATIONS CONVENTION ON THE LAW OF THE SEA

(UNCLOS)

UNCLOS is an acronym for the United Nations Convention on

the Law of the Sea. With representations from over 160
countries, UNCLOS, as a law of the sea was adopted in 1982
and entered into force in 1994.

It is an international treaty that provides a regulatory

framework for the use of the world’s seas and oceans, to
ensure the conservation and equitable usage of resources
and the marine environment and to ensure the protection
and preservation of the living resources of the sea.

Before the nautical law of UNCLOS came into force, there

existed a school of thought known as “freedom-of-the-seas”.
This doctrine had first come into operation during the 17 th
century. As per this law, there were no limits or boundaries
set to the aspect of marine business and commercial
activities.

Over the years and centuries as technology developed and

the needs of the people across the world grew, there
emerged a problem. Over-exploitation of the sea’s resources
was immensely felt towards the middle of the 20 th century
and many nations started feeling the need to ensure
protection of their marine resources.

Starting with United States in 1945, many countries across

the world brought under their jurisdiction, the natural
resources found in their oceans’ continental shelf. 
Since the usage of the marine reserves rose even more in the
1960s it became imperative that a specific regulation be
placed to ensure proper protection and jurisdiction of
the marine reserves.
The aim of the UNCLOS while paying due regard to the
sovereignty of all States is to establish through an
International Convention,
 a legal order for the seas and oceans which facilitate
international communication,
 promote the peaceful uses of the seas and oceans,
 the equitable and efficient utilization of their resources,
 the conservation of their living resources, and
 the study, protection and preservation of the marine
environment.
The achievement of the above goals will contribute to the
realization of a just and equitable international economic
order which takes into account the interests and needs of
mankind as a whole and, in particular, the special interests
and needs of developing countries, whether coastal or land-
locked.
The codification and progressive development of the law of
the sea achieved in this Convention lays down the principle
that the area of the seabed and ocean floor and the subsoil
beyond the limits of national jurisdiction, as well as its
resources, are the common heritage of mankind, the
exploration and exploitation of which shall be carried out for
the benefit of mankind as a whole, irrespective of the
geographical location of States.

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

The IMO plays a vital role in the operation of UNCLOS. Other

organisations like the International Whaling Commission and
the International Seabed Authority are vital parties in the
functional areas of the nautical law.

PROVISIONS OF UNCLOS
The convention covers almost all human uses of the seas—
navigation and overflight, resource exploration and
exploitation, conservation and pollution, fishing, and
shipping. Its 320 articles and nine annexes constitute a guide
for behaviour by nations in the world's oceans, defining
maritime zones, laying down rules for drawing boundaries,
assigning legal duties and responsibilities, and providing
machinery for settlement of disputes. Some of the main
provisions of the convention are the following.
Territorial Sea: Coastal states exercise sovereignty over their
territorial sea of up to 12 nautical miles in breadth. The
coastal state is free to set laws, regulate use, and use any
resource. Foreign vessels were given the right of  innocent
passage through any territorial waters. “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.
Fishing, polluting, weapons practice, and spying are not
"innocent", and submarines and other underwater vehicles
are required to navigate on the surface and to show their
flag. Nations can also temporarily suspend innocent passage
in specific areas of their territorial seas, if doing so is essential
for the protection of its security.
Straits Used for International Navigation: Ships and aircraft
of all countries would be allowed "transit passage" through
straits used for international navigation, as long as they
proceeded without delay and without threatening the
bordering states; states alongside the straits would be able to
regulate navigation and other aspects of passage.
Archipelagic States:  consisting of a group or groups of
closely related islands and interconnecting waters, would
have sovereignty over a sea area enclosed by straight lines
drawn between the outermost points of the islands; all other
states would enjoy the right of innocent passage through sea
lanes designated by the archipelagic states (like territorial
waters).
Contiguous Zone: Beyond the 12-nautical-mile limit, there is
a further 12 nautical miles from the territorial
sea baseline limit, the contiguous zone, in which a state can
continue to enforce laws in four specific areas: customs,
taxation, immigration and pollution.
Exclusive Economic Zone:  Coastal states would have
sovereign rights in a 200-nautical mile exclusive economic
zone with respect to natural resources and certain economic
activities and would also have certain types of jurisdiction
over marine science research and environmental protection;
all other states would have freedom of navigation and
overflight in the zone, as well as freedom to
lay submarine cables and pipelines. Land-locked and other
geographically disadvantaged states would have the
opportunity to participate in exploiting part of the zone's
fisheries when the coastal state could not harvest them all.
Highly migratory species of fish and marine mammals would
be accorded special protection.
Continental Shelf:  The continental shelf is defined as
the natural prolongation of the land territory to the
continental margin's outer edge, or 200 nautical miles from
the coastal state's baseline, whichever is greater. A state's
continental shelf 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 2,500 metre isobath (the line
connecting the depth of 2,500 meters). Coastal states have
the right to harvest mineral and non-living material in the
subsoil of its continental shelf, to the exclusion of others.
Coastal states also have exclusive control over living
resources "attached" to the continental shelf, but not to
creatures living in the water column beyond the exclusive
economic zone.
Aside from its provisions defining ocean boundaries, the
convention establishes general obligations for safeguarding
the marine environment and protecting freedom of scientific
research on the high seas, and also creates an innovative
legal regime for controlling mineral resource exploitation in
deep seabed areas beyond national jurisdiction, through
an International Seabed Authority and the Common heritage
of mankind principle.
High Seas: All states would enjoy the traditional freedoms of
navigation, overflight, scientific research and fishing on the
high seas; they would be obliged to cooperate with other
states in adopting, measures to conserve living resources.
Islands: The territorial sea, exclusive economic zone, and
continental shelf of islands would be determined in
accordance with rules applicable to land territory, but rocks
that could not sustain human habitation or economic life
would have no economic zone or continental shelf.
Enclosed or Semi-Enclosed Seas: States bordering enclosed
or semi-enclosed seas would be expected to cooperate on
management of living resources and on environmental and
research policies and activities.
Landlocked States: states would have the right of access to
and from the sea and would enjoy freedom of transit through
the territory of transit states.
International Seabed Area: A "parallel system" would be
established for exploring and exploiting the international
seabed area. All activities in this area would be under the
control of an International Seabed Authority, to be
established under the convention. The authority would
conduct its own mining operations through its operating arm,
called the "Enterprise," and would also contract with private
and state ventures to give them mining rights in the area, so
that they could operate in parallel with the authority. The
first generation of seabed prospectors, called "pioneer
investors," would have guarantees of production once mining
was authorized.
Marine Pollution:  States would be bound to prevent and
control marine pollution from any source and would be liable
for damage caused by violation of their international
obligations to combat marine pollution.
Marine Scientific Research: All marine scientific research in
the exclusive economic zone and on the continental shelf
would be subject to the consent of the coastal state, but
coastal states would in most cases be obliged to grant
consent to foreign states when the research was to be
conducted for peaceful purposes.
Development and Transfer of Marine Technology: States
would be bound to promote the development and transfer of
marine technology "on fair and reasonable terms and
conditions," with proper regard for all legitimate interests,
including the rights and duties of holders, suppliers, and
recipients of technology.
States would be obliged to settle their disputes over the
interpretation or application of the convention by peaceful
means. They would have to submit most types of disputes to
a compulsory procedure entailing decisions that would be
binding on all parties. Disputes could be submitted to an
International Tribunal for the Law of the Sea, to be
established under the convention; to the International Court
of Justice; or to arbitration. Conciliation would also be
available, and, in certain circumstances, submission to
conciliation might be compulsory.

International Acceptance
The new legal regime for the seas is now firmly established
throughout the world: by September 1998, 133 states had
established 12-nautical-mile territorial limits and 106 states
had declared exclusive economic zones. Nineteen states had
declared fishing zones of 200 nautical miles. Most such
national legislation is derived directly from the provisions of
the convention. The General Assembly is concerned with
ensuring maximum conformity in state practice and each
year examines the status of the convention and reviews
developments relating to its application.