LAW OF THE

SEA 
UNIT 3
• The term law of the sea appears similar to the term maritime
law, but it has a significantly different meaning. 
• Law of the sea refers to matters of public international law. 
• The law of the sea is a body of customs, treaties, and
international agreements by which governments maintain
order, productivity, and peaceful relations on the sea.
• UN convention on law of sea was opened for signature on
10th December 1982 in which 119 countries signed. It
comprises 360 articles, 9 annexes, governing all aspects of
ocean space .
Great geographical discoveries - 
•  In the 15th and 16th centuries claims were laid by the powerful
maritime states, especially Portugal and Spain, to the exercise of
sovereignty over vast portions of the seas. Portugal claimed
maritime sovereignty over the whole of the Indian Ocean and a
very big part of the Atlantic. 
• Spain claimed rights over the Pacific and the Gulf of Mexico. The
division of the seas and oceans between Spain and Portugal by
the 1494 Treaty of Tordesillas was approved by the Pope.
Freedom of the seas In opposition to
the principle of maritime sovereignty,
the principle of the freedom of the seas
began to develop.

The freedom of the high seas was seen

to correspond to the general interests
of all states, particularly as regards
freedom of commerce between
nations.
• Hugo Grotius 1583-1645 - Grotius, the Dutch lawyer who is considered to
be the father of international law, is regarded as the father of the law of the
sea as well. Grotius was one of the first to attack claims to sovereignty over
high seas.
• In his seminal work on the subject, Mare Liberum (The Freedom of the
Seas), published in 1609, Grotius articulated the principle of the freedom of
the seas, meaning that the sea should be free and open to use by all
countries. 
• His argument was based on two grounds: 1. No sea or ocean can be the
property of a nation because it is impossible for any nation effectively to
take it into possession by occupation. 2. Nature does not give a right to
anybody to appropriate things that may be used by everybody and are
exhaustible.
Truman Declaration of 1945 - 
• The president of US in 1945 proclaimed the natural resources of the sea
bed and sub soil of the continental shelf beneath the high seas but
contiguous to the US coast belongs to US.
• This proclamation opened flood gates for claims of extended maritime
jurisdictions.
• Some Latin American countries extended their jurisdictions to
200 nautical miles for the sole purpose of protecting their fisheries.
• These extended jurisdictional claims were not acceptable to maritime
powers and resulted in convening the first UN Conference on Sea, 1958.
• 1958- First United Nations convention on law of sea and adopt
four international conventions covering the territorial sea, the
high seas, the continental shelf and fishing and conservation of
living resources.
• 1960- fails to produce any substantial agreement on limits of
territorial zone and fishing rights. 
Pardo Proposal of 1967 – In 1967, Arvid Pardo of Malta made a
statement in UN GA that the sea bed in the ocean floor beyond
national jurisdiction shall be used and exploited for the benefit of
mankind.
• In 1970 – UN GA adopted a declaration of principles
governing the sea bed and ocean floor.

• The declaration stated that the sea bed beyond

national jurisdiction was not subject to national appropriation
or sovereignty but the common heritage of mankind and must
be exploited but the benefit of mankind as a whole with
keeping the special needs and interests of developing
countries.
TECHNOLOGY – The scientific and technological
breakthroughs led to the discovery of minerals and hydro carbon
resources in the sea bed and sub soil of the oceans.

Coastal states started to extend the fishery jurisdictions beyond

territorial seas.

The freedom of the seas was also modified to

accommodate security, custom, health and sanitation interests of
coastal states in the form of contiguous zones.
• UN Conference on Law of the Sea (UNCLOS III )
• The law of sea was in a state of chaos before the beginning of
UNCLOS III.

• There were conflicting claims - 

The breadth of the territorial sea
The nature and extent of coastal jurisdictions over fisheries
Coastal state rights and obligations in respect of continental shelf
A regime of marine scientific research
The UN Convention on the law of the sea was adopted on 10th December, 1982.

This convention shall enter into force 12 months after the date of deposit of 60th
instrument of ratification.

Accordingly, in Nov.1993 Guyana deposited 60th instrument with UN SG

UNCLOS III finally entered into force on 16th Nov. 1994