The 1982 United Nations Convention on the Law of the Sea
Signatories Signed: 10 December 1982 Entry into force: 14
HISTORY
17th century
• National rights were limited to a specified belt of water extending
from a nation’s coastlines (usually 3 nmi according to the ‘cannon
shot’ rule by Cornelius van Bynkershoek)
• “Freedom of the seas” concept: All waters beyond national
boundaries were considered international waters: free to all
nations, but belonging to none of them (mare liberum principle by
Grotius)
20th century
• Some nations expressed their desire to extend national claims to
include mineral resources, protect fish stocks and enforce pollution
controls.
 League of Nations called a 1930 conference but no agreements
resulted.
 In 1945, Pres. Truman extended US control to all natural resources of
its continental shelf. Other nations followed suit.
 1946-1950. Chile, Peru and Ecuador extended their rights to 200 nmi
 Other nations extended their territorial seas to 12 nmi (22 km)
After WWII, the international community requested that the UN ILC
consider codifying the existing laws relating to the oceans. The
commission prepared four draft conventions, which were adopted at
the first UN Conference on the Law of the Sea.
UNCLOS I Feb 24 - Apr 29, 1958 Adopted the 1958 Geneva
Conventions: •Convention on the Territorial Sea and Contiguous
Zone
•Convention on the High Seas
•Convention on Fishing and Conservation of the Living Resources of
the High Seas
•Convention on the Continental Shelf.
Although successful, it left open the vital issue of breadth of
territorial sea.
UNCLOS II Mar 17 – Apr 26, 1960 Did not result in any international
agreements. Failed once again to fix a uniform breadth for the
territorial sea or establish consensus on sovereign fishing rights.
Developing nations participated only as allies, or dependents of the
US or the Soviet Union, with no significant voice of their own.
UNCLOS III 1973 - 1982 Took effect: Nov. 16, 1994 (1 year after
ratification by the 60th state) Features: Definition of maritime zones
Provisions for passage of ships, protection of marine environment,
freedom of scientific research, and exploitation of resources
November 1994 (After Guyana became the 60th nation to sign)
States Parties: 166 (as of December 2013)
U.S. non-ratification of the UNCLOS Pro-ratification
• Environment: UNCLOS sets a legally binding int’l standard which
aims to protect marine env.
• National security: In the absence of treaty law, the US relies on
customary law that can change as states’ practices change
• International diplomacy: UNCLOS offers a peaceful way to resolve
disputes through the ITLOS
• Helpful to allies: May help resolve South China Sea territorial
dispute Anti-ratification
• National sovereignty: The treaty creates the Int’l Seabed
Authority (ISA) with its own dispute tribunal
• Environment: UNCLOS would provide new avenues for non-US
environmental orgs. to affect domestic US environ. Policies •
Taxation: License fees and taxes levied by ISA would be “taxation
w/o representation”
• Lack of need: US already honors almost all provisions of the
treaty
Introduction – Use of terms and scope Area seabed and ocean floor
and subsoil thereof, beyond the limits of national jurisdiction
Authority International Seabed Authority (ISA) Activities in the Area
all activities of exploration for, and exploitation of, the resources of
the Area Pollution of the marine environment Introduction by man,
directly or indirectly, of substances or energy into the marine
environment, including estuaries, which results or is likely to result
in such deleterious effects as harm to living resources and marine
life, hazards to human health, hindrance to marine activities,
including fishing and other legitimate uses of the sea, impairment of
quality for use of sea water, reduction of amenities States Parties
States which have consented to be bound by this Convention and for
which this Convention is in force I
Territorial Sea and Contiguous Zone II
1. CS sovereignty extends to the air space over the territorial sea
as well as to its bed and subsoil (2)
2. The sovereignty over the territorial sea is exercised subject to
this Convention and to other rules of international law (2)
3. Every State has the right to establish the breadth of its territorial
sea up to a limit not exceeding 12 nmi, measured from baselines
determined in accordance with this Convention (3)
 INTERNAL WATERS and TERRITORIAL SEA 259
Activity Internal Waters Territorial Sea *The coastal state is to deposit charts or lists showing the baseline
Navigation Convention N/A Applicable with with the UN Sec.-Gen. (16)
except where regard to innocent
establishment of passage of merchant Restrictions on the Sovereignty of the Coastal State (2)
baseline encloses new vessels (17-28) and 1. CS may only adopt laws as given in Art. 21
internal waters (8) warships (17-26; 29- 2. CS may not regulate the design, construction, manning, or
equipment of foreign vessels (21) but may implement other
32)
pollution measures (194)
Overflight, Convention N/A 3. CS is to make public all applicable laws (21) and any dangers to
Fishing, Laying navigation (24)
submarine cable, 4. Regulations which hamper innocent passage may not be adopted
mining (24; 214)
scientific Convention N/A CS consent required 5. CS is to abstain from discriminatory measures against any ship
research (245) (24)
imposition of Convention N/A Only by CS(21; 192); 6. CS may exercise jurisdiction in criminal cases only if (27):
environmental Must not hamper  Consequences extend to CS
legislation innocent passage  Disturbs the peace of CS or good order of TS
(211; 220); Warships  Diplomatic agent or master of the ship of FS requests
assistance of local authorities
(236
 Necessary for the suppression of illicit traffic in narcotics II
BASELINE 7. CS may levy execution against or arrest ship only in respect of
obligations or liabilities assumed or incurred in the course of its
voyage through CS waters (28)
Step 1 Step 2 Step 3
8. Charges may not be levied by reason only of passage (26)
 Normal baseline is  Low-tide elevations  LTE without
9. Warships and other govt. non commercial vessels are immune
the low-water line (LTE) 12 nm or less permanent (32); CS required to allow these vessels passage if they comply
along the coast (5) from the mainland installations (7; with CS laws (30)
 For an island or (13) 13) beyond the
atoll, the seaward  Installations on LTE breadth of the Right of Innocent Passage (17)
low-water line (6) permanently territorial sea 1. Passage must be continuous & expeditious (18).
 Outermost Exception: • Delayed passage incidental to ordinary navigation •
above sea-level have no territorial
Force majeure or distress • To render assistance to persons, ships
permanent harbor even when beyond sea of their own or aircraft in danger or distress
works forming an 12 nm (7)  Islands have their 2. Nuclear ships and ships carrying dangerous materials must carry
integral part of the  Mouths of rivers (9) own territorial sea documents and take precautions (23)
harbor system are  Low-water marks of (121) 3. CS may adopt regulations in the areas enumerated in Art. 21
regarded as natural entrance  Off-shore (211; 260)
forming part of the points of bays (10) installations / 4. CS may establish sea lanes (22)
 Points along a 5. CS may prevent passage which is not innocent and breach of
coast (11) II artificial islands do
conditions (25)
deeply indented not have island 6. Arrest and investigation can take place as specified in Art. 27 and
coastline (7) status and do not 28 (e.g. 73; 220)
affect baselines 7. Charges may be levied for specific services rendered (26)
(11; 60; 80; 147;
8. Submarines must navigate on surface and show flag (20) II
Passage is innocent so long as it is not prejudicial to CS peace,
good order or security.
9. CS may suspend the right of innocent passage as long as such
suspension (25):
• does not discriminate among foreign ships, in form or in fact
• is temporary
• specifies the areas where innocent passage shall not be
allowed
• is essential for its security
• is duly published
10. Certain activities not having direct bearing on passage are not
regarded as innocent (19)
• Threat or use of force against CS sovereignty, territorial
integrity or political independence
• Exercise or practice with weapons
• Any act aimed at collecting information to the prejudice of CS
defense or security • Any act of propaganda affecting the
same
• Launching, landing or taking on board of any aircraft or
military device
• Loading or unloading of any commodity, currency or person
contrary to CFIS laws
• Any act of willful & serious pollution
• Any fishing activities
• Research or survey activities
• Any act aimed at interfering with communications systems or
any other CS facilities or installations
• Any other activity not having a direct bearing on passage
CONTIGUOUS ZONE
Activity Rights of Foreign Nationals in Contiguous Zone
Navigatio • Full rights if compatible with Convention (58; 87-
n 115) • Restricted by Art. 33 (Power of CS to prevent
and punish infringement of customs, fiscal,
immigration or sanitary laws) • Boarding and search
by CS only to prevent and punish infringement of
specific coastal state laws • Removal of historical
objects only with CS approval (303)
Over- Full rights
flight
Fishing No rights after establishment of EEZ. Exception: 62
par. 2
Scientific CS consent is required when EEZ has been
Research established (246)
Laying of Full rights (58, 79); CS consent for routing required
Cable (79)
Mining No rights (CS rights over cont. shelf need not be
claimed) (76)
Environ. Must observe CS sanitary laws (33) and pollution laws
Legislatio (Part XII) II A zone adjacent to the TS that may not
n extend beyond 24 nmi from the baselines
International Straits
Restrictions on the Sovereignty and Jurisdiction of the State
Bordering the Strait III
1. State may adopt laws and regulations only as enumerated in Art.
42
2. Laws may not discriminate nor undermine the right of transit
passage (42)
3. Transit passage may not be hampered or suspended (44)
4. Co-operation with other states with regard to navigational aid
and pollution prevention (43)
5. No restrictions on warships (38)
6. Provisions on prevention of pollution from vessels (Part XII) are
not applicable unless major damage or threat of major damage
(233)
N.B.: Any activity not an exercise of the right of transit passage is
subject to the regime of the territorial sea (38)
Restrictions on Transit Passage for Vessels III
1. Vessels must observe laws adopted, in accordance with Art. 42
2. Vessels must comply with duties enumerated in Art. 39 (e.g.
refrain from threats or use of force)
3. Passage must be continuous and expeditious(38) and comply
with international safety and pollution regulations (38; 42)
4. Vessels must refrain from research and surveys(40)
5. Vessels must observe sea lanes and traffic separation schemes
(41)
6. Flag states are liable for vessels entitled to immunity (42; 236)
Archipelagic States
Use of Terms (46)
• Archipelagic State: a State constituted wholly by one or more
archipelagos and may include other islands
• Archipelago: a group of islands, interconnecting waters and other
natural features so closely interrelated that they form an intrinsic
geographical, economic and political entity, or which historically Scientific AS consent is required (54; 40)
have been regarded as such Research
Laying of Foreign states have rights only on existing cables (51)
Right of Innocent Passage (52) Cable
1. Ships of all States enjoy right of innocent passage through AW Mining No rights
2. AS may suspend right as long as suspension:
Environ. AS may adopt laws to give effect to int’l regulations
i. does not discriminate among foreign ships, in form or in fact
ii. is temporary Legislatio (54; 42
iii. specifies the areas where innocent passage shall not be n
allowed
iv. is essential for its security Exclusive Economic Zone
v. is duly published Exclusive Economic Zone (EEZ) Rights of the Coastal State
Activity Regulations Impact on Rights
Archipelagic Sea Lanes Manage- Of the natural Coastal state must act with
Archipelagic sea lanes passage: The exercise of the rights of ment resources (56) due regard for rights and
navigation and overflight for continuous, expeditious and duties of other states (56 par.
unobstructed transit between one part of the high seas or EEZ and 2)
another part thereof (53) Living Fishing (56; 61-67) Participation of land-locked
1. Sea lanes (SL) shall be defined by a series of continuous axis lines
Resources sedentary species and geographically
from every entry point of passage routes to exit point
2. AS may establish sea lanes which traverse the AW and the (77 par. 3) disadvantaged states and
adjacent TS others (62 par. 2-3)
3. SLs include all normal passage routes and navigational channels Non-living Production of energy None
within such routes Resources from water, current,
4. Vessels must not deviate more than 25 nmi to either side of the wind, etc. (56);
axis line during passage, BUT they must not navigate closer to Mining (56; 76-85)
the coast than 10% of distance between nearest points on islands Artificial (56 par. 2; 60) Due regard to shipping,
bordering SL
Islands including safety zones (60 par.
5. AS may prescribe traffic separation schemes for SLs to ensure
safe passage of vessels through narrow channels 3-5; 260-262)
Marine 56 par. 2; 246-262) International cooperation
ARCHIPELAGIC WATERS scientific (242); Peaceful purposes only
Activity Rights of Foreign Nationals in Archipelagic research (246); Non-interference with
Waters shipping (260-262) by
Navigatio Innocent passage but may be suspended for security artificial islands
n (52; 54); Right of “archipelagic sea lane passage” (53 Law Fishing, inspection, Release vessel upon security
par. 2); SLs and traffic sep. schemes are to be enforce- arrest, proceedings (73); No imprisonment in
respected (53 par. 11); Sea lane passage may not be ment (73) fishing cases (73 par. 3)
hampered/suspended (54; 44); Other uses Sovereign rights in Coastal state has to accept
Overflight Right of overflight but must follow designated of sea bed drilling (81); cables and pipelines (79)
corridors (53); Observe Rules of the Air; monitor Tunneling (85)
assigned radio freq. (54; 39)
Fishing By agreement; AS must recognize traditional fishing Exclusive Economic Zone (EEZ) Duties of the Coastal State
rights (51) Activity Regulations Impact on Duties
Conserva- Natural resources Contribution and exchange of
 tion (56), in particular, data (61 par. 5) Species (64) Annex I directly w/ orgs. 2. Else,
fish (61) states establish org.
Utilization Of living resources Coastal state must regulate concerned
(62) fishing by other states (62 par. Marine Stricter States are to Work through
4) Mammals (65) measures cooperate approp.
Environ. (56; 192-237) Coastal state is responsible and than in Part V organizations,
Protection liable (232; 235; 304) may be esp. for
Conflict (59; 297-298) Limitation of applicability (297); taken cetaceans
Resolution Release of fishing vessels (292) Anadromous State where 1. Fishing Involvement
Zone (74, 75) Dispute procedure with stocks (66); species primarily for where
Delimit opposite/ adjacent states if not Catadromous spends most responsible appropriate;
otherwise settled (74 par. 2; species (67) of life cycle state 2. Co- None for
298) responsible operate with catadromous
states species
concerned
FISHERIES Conservation and Utilization Sedentary Treated as None None
Conservation (61)
spec. (68; 77) natural
• Determination of allowable catch on the basis of:
-Best scientific evidence available seabed
-Duty to maintain/restore stocks resources
-Avoidance of threat to species
-Cooperation with int’l orgs. Continental Shelf
• Available scientific info is to be contributed and exchanged Rights of Foreign Nationals in the EEZ, Continental Shelf, and on the
• For stocks not only in one economic zone, co-operative efforts High Seas
required (63-67; 116) Activity EEZ Continental High Seas
Shelf
Utilization (62) Navigation Free, if Equal rights Equal rights for all
• Coastal State is to compatible for all (87) (87; 90)
- promote optimum utilization with
- determine capacity of its fish industries
Convention
- allow, if surplus, geographically disadvantaged states to
(FICC) (58;
participate (62; 69; 70; 72)
- determine conditions for fishing by other states (62 par. 4) 87-115)
- Release arrested vessels upon payment of security; Overflight FICC (e.g. Equal rights Equal rights for all
imprisonment or corporal punishment not permitted (73) 222, Pollution) for all (87) (87)
Fishing Agreements Equal rights ) Equal rights for all
FISHERIES Measures with Regard to Stocks and Species (62); Geog. (87; 116- (87; 116-120)
Type General Third States International disadvan. 120), except
org states (69-70) seden-tary
Stocks & Asso CS to cooperate Involvement of species (77)
Species (63) with states sub-regional/ Scientific Consent Water column: Equal rights (87)
concerned regional org research necessary Equal rights Except, on “outer
Hi. Migratory Species in Cooperation 1. With existing (246) (87); Sea-bed: shelf” (246), and
 Consent (246) “Area” (requires co- 3. Collisions. Inquiry (94 par. 7); cooperation
operation) (143) with flag state; Penal jurisdiction: disciplinary,
arrest, detention; flag state (97)
Cables Free, consent Free, consent Equal rights (87; 4. Pollution; flag state (192; 194; 211; 217; 228)
for routing for routing 112- 115) 5. Pollution, port state (218; 232)
required (56 required (79) 6. International offenses; other states (99-110)
7. Other items: Search and rescue service by
par. 3; 58; 79;
coastal states (98); Render assistance (98);
112-115)
Mining No rights No rights Equal rights (141) Hot pursuit (111); Civil pollution claims (229)
Overflight Pollution; state of registry (212; 222)
management by
Submarine 1. Subject to Part VI (Continental Shelf) (87) #
Sea- Bed Authority
cables and 2. General right (112)
(137) 3. Liability for damage (113-114); Indemnity for
pipelines
Marine Jurisdiction as Rights of Equal responsibility loss incurred avoiding damage (115)
Environme provided by coastal states (192); activities in Construction of 1. In accordance with international law (87)
nt Convention (192, 208) Area (209; 215), Artificial Islands 2. Subject to Part VI (Continental Shelf) (87)
(56; Part XII) with regard to flag state (211; 3. Scientific research in general (258-262); In
sea-bed 217), port state the Area (143; 256)
activities jurisdiction (218) Fishing (116-120)
Scientific 1. Subject to Part VI (Continental Shelf) (87)
research 2. Subject to Part XIII (Marine Scientific
Research) (87)
THE HIGH SEAS 3. Scientific research in the Area (143)
General Principles 4. Development and transfer of marine
1. Justice and equal rights for all (Preamble) to be exercised in good technology (Part XIV)
faith and with no abuse of rights of others (300)
2. Freedom of all types of activities (87 par. 1) with due regard for
the interests of other states VESSELS Flag State Obligations – Merchant Vessels
3. Reserved for peaceful purposes (88) Issue Flag State Obligations – Merchant Vessels
4. State sovereignty over any part of the high seas is excluded (89) Jurisdiction General
Vessels are subject to exclusive jurisdiction of flag
THE HIGH SEAS Particular Freedoms state on the high seas (92); For pollution measures
Freedoms (87) Regulations governing the high seas
in general (194; 211; 217)
Navigation Basics
Particular
1. Nationality of Vessels (91)
Flag state required to assume jurisdiction under its
2. Vessels in service of international orgs. (93;
internal law with respect to administrative,
Annex IX)
3. Warships, etc. (95-96) technical, and social matters
Collision incidents on the high seas (97)
Jurisdiction - In respect to penal jurisdiction: arrest/detention
1. Exclusive jurisdiction; flag stage (92) flag state
2. Administrative, technical, social; flag state - Penal and disciplinary matters exclusive
(94 par. 1-5) jurisdiction of flag state except: withdrawal of
 certificates issued by other states ed seizure of apparatus; • undertaking (109 par.
- Inquiry (Administrative jurisdiction) (94 par. 7) broadcastin Prosecution by state with 3)
Administratio Registration g (109) jurisdiction for boarding
n - Fix conditions for grant of nationality (91) Refusal to Boarding only by
- Maintain a register of ships (94 par. 2(a)) show flag warship which in
- Inspect before registration (94 par. 4(a)) (110) reality has same
- flag documents (91 par. 2) nationality as boarded
Other measures ship
- Require master to help persons in danger or Illicit traffic • All states must co- No boarding
distress (98) and assist in collision cases in narcotic operate in repression; •
- Investigate allegations of improper control (94 par. drugs (108) Flag state may request co-
6) operation from other
Technical Required to ensure states in suspicious cases
matters - Construction, equipment, seaworthiness, manning,
training, use of signals, communication, collision HOT PURSUIT
prevention (94 par. 3) General Principles (111)
- Inspection at intervals, charts, nautical 1. By vessels or aircraft in government service
publications, navigational equipment on board 2. Clear visual or auditory signal to stop must be given. (The ship
giving the order need not be in the same zone as the foreign
(94 par. 4(a))
ship)
3. Pursuit must not be interrupted
Special Jurisdiction on the High Seas
4. Right of hot pursuit ceases by reason of: Interruption; Vessel
Activity General “Right to Visit” (110)
reaching territorial sea of flag state or other state
Slave Trade Flag state shall take • Warship has right to 5. It must begin in zone where vessel violated applicable CS law
(99) measures to prevent board • Must be based • Internal waters/Territorial sea – at the latest in the territorial
Piracy (100- • Piracy: Illegal act of on reasonable grounds sea
107) crew/passenger or support • Ff. actions may be • Violation of customs, fiscal, immigration and sanitary law (33)
of such for private ends taken: 1. Verify right applicable for continuous zone – at the latest in contiguous
by/on commercial or ship to fly flag 2. zone (also for EEZ & CS)
official vessels against Document check 3. If
FISHERIES ON THE HIGH SEAS
another vessel (101-103) suspicion remains, Co-operation
• Seizure by official inspection of ship • Article 117 -As necessary for the conservation of living resources
vessels (107) • Retention Compensation for loss Article 118 - In conservation and mgmt; Negotiations between
or loss of nationality (104) or damage if states where nationals exploit identical or diff. living resources in the
• Juris. of state seizing unjustified • Applicable same area; Establish sub-regional or regional organizations
vessel (105) • Liability for for official aircraft and Article 119 par. 2 - Exchange data with states concerned
unjustified seizure (106) • Articles 120; 65 - States together with international organizations
vessels (110 par. 4-5)
Article 64; Annex I - Between flag state and coastal state with
All states co-operate in
respect to highly migratory species
repression of piracy (100)
Vessel w/o Nationality (e.g. 92 par. 2)
• Arrest of person and Boarding only by state Conservation
Unauthoriz vessel broadcasting and affected by Article 119 – In establishing con-servation measures, states are to:
• Use the best scientific evidence • Protection and preservation of the marine environment (193; 197-
• Consider relevant factors in maintaining and restoring populations of 201; 204-206)
stocks • Scientific research programs and joint scientific research (242-244;
• Take due regard for developing countries 246 par. 3)
• Take into account int’l standard
• Avoid serious threat to species Freedom of Transit: Right of Access of Land-Locked States
• Exchange data and info 1. Land-locked State: a State with no sea-coast (124(a))
• Avoid discrimination of fishermen 2. Transit State: a State, with or without a sea-coast, situated
Articles 120; 65 - May restrict the exploitation of marine mammals between a land-locked State and the sea, through whose territory
more strictly than provided by Convention traffic in transit passes (124(b))
Article 63 par. 2 - States concerned are to seek, either directly or 3. Traffic in transit: transit of persons, baggage, goods and means of
through orgs., to agree upon measures necessary for conservation transport across the territory of one or more transit States, when
of these stocks in the adjacent area (here: high seas) the passage across such territory, with or without trans-shipment,
warehousing, breaking bulk or change in the mode of transport, is
Regime of Islands only a portion of a complete journey which begins or terminates
Description It may have within the territory of the land-locked State (124(c))
a…
Island - Naturally formed area of -Territorial Sea Right of Transit States
• Can exercise full sovereignty over their territory (125 par. 3)
land (3)
• Rights of land-locked states are not to infringe in any way on the
- Surrounded by water -Contiguous
legitimate interests of the transit states (supra)The terms and
- above high-tide mark Zone (33) modalities for exercising freedom of transit are to be agreed
- Human habitation and -EEZ (56; 57)
between the states concerned through bilateral, subregional, and
economic life is possible -Continental regional agreements (125 par. 2)
Shelf (76) • Further regulations (124; 126-132)
Rock - Naturally formed area of • Territorial Right of Land-locked States
land Sea (3) • Have the right of access to and from the sea for the purpose of
- Surrounded by water • Contiguous exercising their rights under the Convention (125 par. 1)
- Above high-tide mark Zone (33) • Enjoy freedom of transit (supra)
- Cannot maintain human
AREA General Principles and Provisions
habitation or economic life
1. Area means the sea-bed and ocean floor and subsoil thereof,
on its own beyond the limits of national jurisdiction (1)
Artificial island, Do not possess the status of 2. It starts where the jurisdiction of CS over the continental shelf
installations and islands or rocks (11; 60 par. ends (76)
equipment 8; 147 par. 2(e); 259) 3. The Area and its resources are common heritage of mankind
(136)
Enclosed/Semi-Enc. Seas 4. All rights to its resources are vested in mankind as a whole (137)
Definition (122) A gulf, basin, or sea 5. The Area is to be open exclusively for peaceful purposes (141)
• Surrounded by two or more states 6. Activities are to be carried out for the benefit of mankind (140)
• Connected to another sea or ocean by a narrow outlet OR 7. Developing countries are to be supported (140; 143; 144; 148)
• Consisting of zones of jurisdiction of two or more coastal states 8. Due regard is to be given to coastal state rights (142)
9. Historical finds can be preserved for the benefit of mankind (149)
Areas of Co-operation (123)
• Management, conservation, exploration and exploitation of the AREA Specific Provisions
living resources (61 par. 2; 63-67) Int’l Orgs and States
• No state is to claim sovereignty over Area and its resources (137)
• States are to use the Area exclusively for peaceful purposes (141;
143; 147)
• Conduct of states is to be in accordance with Convention and UN
Charter principles (138)
• States are to ensure compliance with Convention (139)
Seabed Authority
The Authority is to
• act for mankind as a whole
• provide for an equitable sharing of financial and other benefits
• require transfer of technology and knowledge to developing states
and assist them • implement regulations for installations, protection
of human life and of marine environment
• carry out marine scientific research XI
RESOURCES
Activity policy (150-151)
In General: • Healthy dev’t of world economy • Balances growth of
int’l trade • International co-operation
In Particular: • Dev’t of resources and orderly, safe and rational
management • Participation of all states in all opportunities •
Support of developing countries • Dev’t of common heritage
Production policy (151)
• Principles of policy: Growth, efficiency, stability of mineral market;
Prices remunerative for producer; Prices fair for consumer
• External policy of authority: Act through fora which include
producers and consumers; Participate in commodity conferences XI
Exploration/Exploitation (153)
• The Authority is to: organize, carry out, and control activities; issue
rules, regulations, and procedures to this effect (Art. 17, Annex III)
• Activities are to be carried out in accordance with a formal written
plan of work approved by the Council (162 par. 2(j)) and a
production authorization (151 par. 2; 165 par. 2(n)) by the Enterprise
(170; Annexes III & IV)
Periodic Review (154-155)
• Periodic review every five years by Assembly to improve the
manner of practice of the regime of the Area
• Review Conference fifteen years after beginning of commercial
production. The Conference is to develop the system and adopt
amendments by means of consensus (314) XI
INTERNATIONAL SEABED AUTHORITY
•SEAT: Jamaica (156 par. 4)
•OTHER LOCATIONS: Yes, for regional centers and offices (156 par.
5)
•MEMBERS: All States Parties and those bodies which are entitled to
ratify or accede to the Convention (305-307
•FUNDAMENTAL PRINCIPLES (157)
The Authority is the organ through which states parties administer
the resources of the Area. It has powers and functions expressed in
the Convention and any incidental powers consistent with the
Convention necessary for conduct of activities in the Area. It is
based on the sovereign equality of all members. All members are to
act in good faith XI
SEABED DISPUTES CHAMBER
Obligatory Jurisdiction
Non-Contractual Matters
• Disputes between States Parties concerning Part XI, including
Annexes, 187(a), which can be submitted instead to: • Special
chamber of the Tribunal (188 par. 1(a)); or • Ad hoc chamber
(188 par 1(b))
• Disputes between a State Party and Authority (187(b))
concerning alleged violation by State Party or Authority. Limit: No
jurisdiction with regard to Authority's discretionary power (189)
Contractual Matters
• Disputes between States Parties, the Authority or the Enterprise,
state enterprise, and natural and judicial persons in cases of
omission, refusal, or liability affecting contractual relations
(187(c)(ii), (d), (e)) but not in disputes related to: • Interpretation
or application of the contract or plan of work • Financial terms of
contracts • Transfer of technology
Such disputes shall be referred to binding commercial arbitration.
Other tasks
• On submission of a commercial arbitral tribunal, decide any
question of interpretation of Part XI and Annexes (188 par. 2(b))
• Advisory opinions at the request of the Assembly on conformity
of proposals before the Assembly with the Convention (159 par.
10)
• Decisions on suspension of membership (185)
• Advisory opinions at the request of the Assembly and Council on
legal questions (191)
MARINE ENVIRONMENT
General obligation • States have the obligation to protect and
preserve the marine environment (192) and must incorporate
international law to various degrees. (See Legislation column in next (42 par. 1(b)) • further pollution
slide) regulations by special
agreements (43 par. (b)) as Art.
Particular obligations • States are responsible and liable with
207- 232 not applicable (233)
regard to their international obligations (235) • States are to
Archipel. • are to give effect to
cooperate on global and regional basis (197-201) • States are to
monitor and report (204-206) • States must not transfer hazard Sea international pollution
(195-196) • States must render assistance to developing states Lanes regulations regarding discharge
(202) XII (42 par. 1(b); 54

VESSEL JURISDICTION Inland These waters are not subject to

Coastal State • is sovereign in the territorial sea (2) • has waters, the Convention
jurisdiction in marine environment matters (56 par. 1(b)(iii); 192) •
ports
deals with emergencies and safety of operation of vessels (194 par.
3(b)), but not for construction, etc. (21 par. 2)
ENFORCEMENT
General Concept
Flag State • in general, has jurisdiction and control in
Coastal State Flag State
administrative, technical, and social matters (94 par. 1) • takes
General • Promptly notify flag state Ensure compliance of
pollution measures for emergencies, design, etc. (194 par. 3(b)) •
must adopt pollution regulations which have at least the same effect of any measures taken and vessels with intl law
as that of international rules (211 par. 2) submit reports (231) • (217) • Must be informed
Minimum standards of (in cases of proceedings
Coastal State Flag State proceedings (223) • from matters in territorial
High Port State Enforcement (218) Exclusive Jurisdiction Enforcement by officials sea) and given official
Seas (92(1)) only (224) • Safety of reports (218-220; 231) •
EEZ • May adopt laws, giving effect Exclusive jurisdiction navigation must not be Must exercise penal
to generally accepted (58; 87- 94) if endangered (225) • May jurisdiction and institute
international rules and compatible with not discriminate foreign investigations (217(4-8))
standards (211(5)) • May adopt other provisions of vessel (227) • Liability for
mandatory measures for the Convention unlawful measures (232;
clearly defined areas (211(6); (228) 304) • Release of detained
234) vessels on appropriate
Territorial • May in the exercise of its Can physically security (220(7), 226(l)(b))
sea sovereignty adopt laws which enforce its general Info Vessels navigating in TS or Must ensure that vessels
do not hamper innocent jurisdiction through EEZ which have possibly give required information
passage (211(4); 21(1)(f)) • CS only (with committed violation in EEZ (220(4))
Not with respect to design, respect to Innocent must provide information
construction, etc. (21(2)) passage (27 par. (220(3))
Archipel. • Sea lane passage (53-54; 1(c))
waters 42(1)(b)) Physical (Examination of certificates
Straits • are to give effect to inspectio only. For more extensive
international pollution n inspection, see 226(l)(a)) •
regulations regarding discharge Vessels navigating in TS
 (220(2)) • Vessels s
navigating in TS or EEZ and
substantial discharge in PORT STATE ENFORCEMENT
EEZ and refusal to give 1st Condition: Vessel must be voluntarily in port
2nd Condition: There must be a violation of applicable int’l rules and
information or case
standards established through the competent int’l org. or diplomatic
justifies inspection (220(5)) conference
Investig. Vessel voluntarily in port Records on request Location of Location of Basis for Suspensi
by “port and discharge on high seas (218(4)) Violation Damage or Institution of on
state” (elsewhere, on request) Threat of the Action
(218(3)) Same
Proceed- • For possible violation by • Suspension (228) • If Any place Any place Request of flag (228)
ings vessels voluntarily in port • violation beyond TS, state
violation in TS and EEZ of proceedings to be High Seas – Rights of port
law in accordance with suspended if FS institutes state
Conv. (220(1)) • discharge proceedings unless e.g. Internal waters, Affecting the Rights of port
on high seas and evidence major damage in EEZ• TS or EEZ of internal waters, state
to warrant proceedings Vessel navigating in TS foreign state TS or EEZ of PS
(218(1)) or on request and evidence to warrant Internal waters, In internal Request of (218(4);
(218(2)) • Vessel proceedings (220(2)) • TS, or EEZ of waters, TS, or affected or 228)
navigating in TS/EEZ and Port state proceedings any state EEZ of another threatened state
major damage/threat of (218) to be suspended on state
such in EEZ (220(6)) request of affected CS Internal waters, Request of state
(218(4); subj. to 228) • TS or EEZ of a where violation
Right of attendance state occurred
(223)
Detentio • Vessel navigating in TS Release of its vessels COASTAL STATE ENFORCEMENT
n and evidence so warrants • subj. to bonding/other Locatio Violat Applicable Type of Measures
Navigating in TS or EEZ security (226(1)(b-c); n of ed in Law charge or
and major damage/threat 220(7); 292) • Be Vessel facts
Voluntaril TS/EEZ CS laws and Any Proceedings
of such in EEZ (220(6)) • promptly notified upon
y in port regulations in violation
Violation affecting the conditional or refusal
(220(1)) accordance
seaworthiness of vessel (226(1)(c); 231)
TS TS with the Clear • Physical
(219; 226(1)(c))
(220(2)) Convention grounds for inspection
Penalties Only monetary penalties Suspension in case of
(21(2)(f); belief, but (226(l)(a))
can be imposed (230) violation beyond TS (see:
211(4-7); 234) w/o • Proceeding
except in cases of wilful Proceedings) (228)
or applicable prejudice to• Detention
and serious act of pollution
international right of
in TS (230(2))
Maritime Take measures (221) rules/standard innocent
casualtie s passage
AND where
 evidence so area) accepted rules accordingly
warrants (211(5))
TS/EEZ EEZ Int’l Clear Give info as
(220(3)) rules/standard grounds for listed in MARINE SCIENTIFIC RESEARCH
s (or national belief 220(3) General Provisions
• All states and competent int’l orgs may conduct research (238)
law conforming
• Research may be conducted for peaceful purposes only (240(a))
with or giving • Flow of knowledge must be promoted (244(2))
effect to) •Installations or equipment in the marine environment (258-262)
TS/EEZ EEZ Int’l rules and Clear Physical •Responsibility, liability (263; 304)
(220(5)) standards (As grounds for inspection
above) belief and (Further Specific Provisions
substantial physical •High Seas – open to all (238; 87)
discharge inspection •Area and water column beyond EEZ – open to all (256; 143; 87)
•EEZ and continental shelf (246- 255) – CS has right to regulate,
causing or (226(l)
authorize and conduct research, limited by 246(6-7) and 257
threatening (a))info •Territorial sea: CS has exclusive right to regulate, authorize and
significant conduct research (245)
pollution
and vessel Rights/ Duties of CS
has refused - Right to regulate, authorize, and conduct research (246(1))
to give info - Obligated to adopt reasonable rules to facilitate research (255)
or supplied - Do not have to accept compulsory dispute settlement in matters
of Art. 246 and 253 (297 par. 2)
obviously
- Suspension of specific project conciliation (297 par. 2(b); 265)
incorrect - Resp. for installation (60; 80; 258-262)
TS/EEZ EEZ Clear Proceedings
(220(6)) objective Detention Application and Conditions
evidence (Release: - Provide information (248)
and 220(7)) - Comply with conditions (249)
discharge is - Implied consent of CS if no objections within 4 months (252)
causing or - Suspension (253)
threatening - CS is to make arrangement for participation by neighboring land-
major locked or geographically disadvantaged state upon request (254
par. 3)
damage to
coastline or DISPUTE SETTLEMENT
resources of Fora for Disputes not related to judgments involving
TS/EEZ AND interpretation of the Convention
evidence so 1. Special Arbitration, Annex VIII, Art. 5, Fact-Finding
warrants 2. Conciliation Procedure, Annex V, Sec. 1 pursuant to Part XI, Sec.
TS/EEZ EEZ National law Applicable Measures 1, Settlement of Disputes (General Provisions)
(220(8)) (clearly giving effect to in cases of accordingly 3. Binding Commercial Arbitration
- Interpretation of contracts and plan of work. Art. 188 par. 2(a)
defined generally 220(3-6) (220(3-6))
- Financial terms. Annex III, Art. 13, Para. 15
 - Financial terms of technology transfer. Annex III Art. 5, Para. 4 5. Responsibility and liability for damage at sea (304) – The
XV provisions of the Convention concerning responsibility and
liability cannot be used to subvert or hinder the application of
Choice between one or more fora in cases of Compulsory existing rules or development of further rules regarding
Proceedings responsibility and liability under international law.
States Parties are free to choose among the fora for the settlement
of disputes concerning the interpretation or applicability of the FINAL PROVISIONS
Convention (for limited tribunal jurisdiction on matters (a) sovereign Applicability of Convention Effect on States
rights of coastal states; (b) military; (c) boundaries; (d) Security Signature In principle NONE but the high A state which has
Council, see 297-298) (305) • Open number of signatures (159) signed must
1. International Court of Justice until has a significant effect on refrain from acts
2. Arbitration (Annex VII)
12/9/1984 customary law which are
3. International Tribunal for the Law of the Sea (Annex VI)
4. Special Arbitration (Annex VII) regarding Fisheries, Environment, contrary to the
Scientific Research, Navigation XV Convention (VCLT,
Art. 8)
Compulsory Fora Ratification Until deposit of the 60th Ratification can
• Sea-Bed Disputes Chamber (Annex VI, Art. 3) (306) instrument, same as above have an
- Compulsory (287 par. 2); Jurisdiction (288 par. 3); Activities in Accession immediate effect
the Area (187) (307) on nat’l law
• Ad Hoc Chamber of the Sea-Bed Disputes Chamber (Annex VI, Art. Convention enters into force The Convention
• The UN
36)
Sec.- Gen. is 12 months after deposit of becomes
- May be formed at the request of States Parties (188) with
respect to seabed activities (187) the the 60th instrument (308) international law
 Conciliation Procedures (Annex V, Sec. 2, Art. 11-14) Depository and is applicable
- Compulsory (Annex V, Section 2); On matters stated in Part Reservations Possible only when expressly law among all
XV, Sec. 3 (309) permitted by other articles of states parties
- 297 par. 2 (Certain matters of marine scientific research) the Convention
- 297 par. 3 (Certain matters of fisheries) XV Declarations Permitted as long as applica-
(310) bility of Conv. is not affected
GENERAL PROVISIONS
1. Good faith and abuse of rights (300) – Every party to an Other Principles of Convention, Prevails over 1958
agreement has to recognize and to fulfil the obligations of the Conventions including “common heritage Conventions on
contract in good faith.
2. Peaceful uses of the sea (301) – It is the obligation of the states (311) of mankind”, may not be Law of the Sea
parties to refrain from any threat or use of force against the suspended
territorial integrity or potential independence of any state Denunciation Possible at any time, goes State must fulfil
3. Disclosure of information (302) – No state party may be obliged, (317) into effect at earliest 1 year obligations of the
in the fulfillment of its obligations under the Convention, to after date of notification Conv. to which it
disclose any information which is contrary to the essential would be subject
interests of the state party. under int’l law
4. Archeological and historical objects found at sea (303) – It is the
(317)
duty of all states to protect such objects and to co-operate for
Amendments • Upon request of a State Amendments
this purpose.
(312-316) Party • Entry into force 30 adopted open for
days after ratif. by 2/3 of signature for 12
States Parties or 60, months (315) ratif. by 3/4 of States Parties
whichever is greater (non- Effect, see above (Area-related: 316 par. 5)
Area-related: 316 par. 1) • Authentic The Arabic, Chinese, English, French, Russian, and
Entry into force 1 year after texts (320) Spanish texts are equally authentic