Professional Documents
Culture Documents
UNCLOS Notes
UNCLOS Notes
HISTORY
17th century
National rights were limited to a specified belt of water extending
from a nations 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
coast (11) II
Step 2
Low-tide elevations
(LTE) 12 nm or less
from the mainland
(13)
Installations on LTE
permanently
above
sea-level
even when beyond
12 nm (7)
Mouths of rivers (9)
Low-water marks of
natural
entrance
points of bays (10)
Points
along
a
deeply
indented
coastline (7)
Step 3
LTE
without
permanent
installations
(7;
13) beyond the
breadth of the
territorial
sea
have no territorial
sea of their own
Islands have their
own territorial sea
(121)
Off-shore
installations
/
artificial islands do
not have island
status and do not
affect
baselines
(11; 60; 80; 147;
259
*The coastal state is to deposit charts or lists showing the baseline
with the UN Sec.-Gen. (16)
Restrictions on the Sovereignty of the Coastal State (2)
1. CS may only adopt laws as given in Art. 21
2. CS may not regulate the design, construction, manning, or
equipment of foreign vessels (21) but may implement other
pollution measures (194)
3. CS is to make public all applicable laws (21) and any dangers to
navigation (24)
4. Regulations which hamper innocent passage may not be adopted
(24; 214)
5. CS is to abstain from discriminatory measures against any ship
(24)
6. CS may exercise jurisdiction in criminal cases only if (27):
Consequences extend to CS
Disturbs the peace of CS or good order of TS
Diplomatic agent or master of the ship of FS requests
assistance of local authorities
Necessary for the suppression of illicit traffic in narcotics II
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)
8. Charges may not be levied by reason only of passage (26)
9. Warships and other govt. non commercial vessels are immune
(32); CS required to allow these vessels passage if they comply
with CS laws (30)
Right of Innocent Passage (17)
1. Passage must be continuous & expeditious (18).
Exception: Delayed passage incidental to ordinary navigation
Force majeure or distress To render assistance to persons, ships
or aircraft in danger or distress
2. Nuclear ships and ships carrying dangerous materials must carry
documents and take precautions (23)
3. CS may adopt regulations in the areas enumerated in Art. 21
(211; 260)
4. CS may establish sea lanes (22)
5. CS may prevent passage which is not innocent and breach of
conditions (25)
6. Arrest and investigation can take place as specified in Art. 27 and
28 (e.g. 73; 220)
7. Charges may be levied for specific services rendered (26)
Research
Laying of
Cable
Mining
Environ.
Legislatio
n
established (246)
Full rights (58, 79); CS consent for routing required
(79)
No rights (CS rights over cont. shelf need not be
claimed) (76)
Must observe CS sanitary laws (33) and pollution laws
(Part XII) II A zone adjacent to the TS that may not
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
Scientific
Research
Laying of
Cable
Mining
Environ.
Legislatio
n
tion
Utilization
Environ.
Protection
Conflict
Resolution
Zone
Delimit
(56), in particular,
fish (61)
Of living resources
(62)
(56; 192-237)
(59; 297-298)
(74, 75)
Species (64)
Annex I
Marine
Mammals (65)
Stricter
measures
than in Part V
may
be
taken
State where
species
spends most
of life cycle
responsible
Anadromous
stocks
(66);
Catadromous
species (67)
Sedentary
spec. (68; 77)
Treated
as
natural
seabed
resources
directly
w/
states
concerned
States are to
cooperate
1.
Fishing
primarily
for
responsible
state 2. Cooperate
with
states
concerned
None
orgs. 2. Else,
establish org.
Work
through
approp.
organizations,
esp.
for
cetaceans
Involvement
where
appropriate;
None
for
catadromous
species
None
Continental Shelf
Rights of Foreign Nationals in the EEZ, Continental Shelf, and on the
High Seas
Activity
EEZ
Continental
High Seas
Shelf
Navigation Free,
if Equal
rights Equal rights for all
compatible
for all (87)
(87; 90)
with
Convention
(FICC)
(58;
87-115)
Overflight
FICC
(e.g. Equal
rights Equal rights for all
222, Pollution) for all (87)
(87)
Fishing
Agreements
Equal
rights ) Equal rights for all
(62);
Geog. (87;
116- (87; 116-120)
disadvan.
120), except
states (69-70) seden-tary
species (77)
Scientific
Consent
Water column: Equal rights (87)
research
necessary
Equal
rights Except, on outer
(246)
(87); Sea-bed: shelf (246), and
Cables
Mining
Marine
Environme
nt
Consent (246)
Free, consent
for
routing
required (56
par. 3; 58; 79;
112-115)
No rights
Free, consent
for
routing
required (79)
Equal rights
112- 115)
No rights
Jurisdiction as
provided
by
Convention
(56; Part XII)
Rights
of
coastal states
(192,
208)
with regard to
sea-bed
activities
(87;
Seizure
by
official
vessels (107) Retention
or loss of nationality (104)
Juris. of state seizing
vessel (105) Liability for
unjustified seizure (106)
All states co-operate in
repression of piracy (100)
Vessel w/o Nationality (e.g. 92 par. 2)
Arrest of person and
Unauthoriz
vessel broadcasting and
ed
broadcastin
g (109)
Refusal to
show
flag
(110)
seizure of apparatus;
Prosecution by state with
jurisdiction for boarding
Illicit traffic
in narcotic
drugs (108)
HOT PURSUIT
General Principles (111)
1. By vessels or aircraft in government service
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
ship)
3. Pursuit must not be interrupted
4. Right of hot pursuit ceases by reason of: Interruption; Vessel
reaching territorial sea of flag state or other state
5. It must begin in zone where vessel violated applicable CS law
Internal waters/Territorial sea at the latest in the territorial
sea
Violation of customs, fiscal, immigration and sanitary law (33)
applicable for continuous zone at the latest in contiguous
zone (also for EEZ & CS)
FISHERIES ON THE HIGH SEAS
Co-operation
Article 117 -As necessary for the conservation of living resources
Article 118 - In conservation and mgmt; Negotiations between
states where nationals exploit identical or diff. living resources in the
same area; Establish sub-regional or regional organizations
Article 119 par. 2 - Exchange data with states concerned
Articles 120; 65 - States together with international organizations
Article 64; Annex I - Between flag state and coastal state with
respect to highly migratory species
Conservation
Article 119 In establishing con-servation measures, states are to:
Rock
Artificial
island,
installations
and
equipment
It may have
a
Naturally formed area of -Territorial Sea
land
(3)
Surrounded by water
-Contiguous
above high-tide mark
Zone (33)
Human
habitation
and -EEZ (56; 57)
-Continental
economic life is possible
Shelf (76)
Naturally formed area of
Territorial
Sea (3)
land
Surrounded by water
Contiguous
Above high-tide mark
Zone (33)
Cannot
maintain
human
habitation or economic life
on its own
Do not possess the status of
islands or rocks (11; 60 par.
8; 147 par. 2(e); 259)
Enclosed/Semi-Enc. Seas
Definition (122) A gulf, basin, or sea
Surrounded by two or more states
Connected to another sea or ocean by a narrow outlet OR
Consisting of zones of jurisdiction of two or more coastal states
Areas of Co-operation (123)
Management, conservation, exploration and exploitation of the
living resources (61 par. 2; 63-67)
Territorial
sea
Archipel.
waters
Straits
Coastal State
Port State Enforcement (218)
May adopt laws, giving effect
to
generally
accepted
international
rules
and
standards (211(5)) May adopt
mandatory
measures
for
clearly defined areas (211(6);
234)
May in the exercise of its
sovereignty adopt laws which
do
not
hamper
innocent
passage (211(4); 21(1)(f))
Not with respect to design,
construction, etc. (21(2))
Sea lane passage (53-54;
42(1)(b))
are to give effect to
international
pollution
regulations regarding discharge
Flag State
Exclusive Jurisdiction
(92(1))
Exclusive jurisdiction
(58;
8794)
if
compatible
with
other provisions of
the
Convention
(228)
Can
physically
enforce its general
jurisdiction through
CS
only
(with
respect to Innocent
passage (27 par.
1(c))
Archipel.
Sea
Lanes
Inland
waters,
ports
ENFORCEMENT
General Concept
Coastal State
General
Promptly notify flag state
of any measures taken and
submit reports (231)
Minimum
standards
of
proceedings
(223)
Enforcement by officials
only (224) Safety of
navigation must not be
endangered (225) May
not discriminate foreign
vessel (227) Liability for
unlawful measures (232;
304) Release of detained
vessels
on
appropriate
security (220(7), 226(l)(b))
Info
Vessels navigating in TS or
EEZ which have possibly
committed violation in EEZ
must provide information
(220(3))
Physical
inspectio
n
(Examination of certificates
only. For more extensive
inspection, see 226(l)(a))
Vessels navigating in TS
Flag State
Ensure compliance of
vessels with intl law
(217) Must be informed
(in cases of proceedings
from matters in territorial
sea) and given official
reports (218-220; 231)
Must
exercise
penal
jurisdiction and institute
investigations (217(4-8))
Investig.
by port
state
Proceedings
Detentio
n
Penalties
Maritime
casualtie
(220(2))
Vessels
navigating in TS or EEZ and
substantial discharge in
EEZ and refusal to give
information
or
case
justifies inspection (220(5))
Vessel voluntarily in port
and discharge on high seas
(elsewhere, on request)
(218(3))
For possible violation by
vessels voluntarily in port
violation in TS and EEZ of
law in accordance with
Conv. (220(1)) discharge
on high seas and evidence
to warrant proceedings
(218(1)) or on request
(218(2))
Vessel
navigating in TS/EEZ and
major damage/threat of
such in EEZ (220(6))
Vessel navigating in TS
and evidence so warrants
Navigating in TS or EEZ
and major damage/threat
of such in EEZ (220(6))
Violation
affecting
the
seaworthiness of vessel
(219; 226(1)(c))
Only monetary penalties
can be imposed (230)
except in cases of wilful
and serious act of pollution
in TS (230(2))
Take measures (221)
Records
(218(4))
on
request
Suspension (228) If
violation
beyond
TS,
proceedings
to
be
suspended if FS institutes
proceedings unless e.g.
major damage in EEZ
Vessel navigating in TS
and evidence to warrant
proceedings (220(2))
Port state proceedings
(218) to be suspended on
request of affected CS
(218(4); subj. to 228)
Right
of
attendance
(223)
Release of its vessels
subj. to bonding/other
security
(226(1)(b-c);
220(7);
292)
Be
promptly notified upon
conditional or refusal
(226(1)(c); 231)
Suspension in case of
violation beyond TS (see:
Proceedings) (228)
Rights of port
state
Internal waters, Affecting
the Rights of port
TS or EEZ of internal waters, state
foreign state
TS or EEZ of PS
Internal waters, In
internal Request
of (218(4);
TS, or EEZ of waters, TS, or affected
or 228)
any state
EEZ of another threatened state
state
Internal waters,
Request of state
TS or EEZ of a
where violation
state
occurred
COASTAL STATE ENFORCEMENT
Locatio
Violat
Applicable
n of
ed in
Law
Vessel
Voluntaril TS/EEZ CS laws and
y in port
regulations in
(220(1))
accordance
TS
TS
with
the
(220(2))
Convention
(21(2)(f);
211(4-7); 234)
or
applicable
international
rules/standard
s
Type of
charge or
facts
Any
violation
Measures
Proceedings
Clear
Physical
grounds for
inspection
belief, but
(226(l)(a))
Proceeding
w/o
prejudice to Detention
right
of
innocent
passage
AND where
TS/EEZ
(220(3))
EEZ
TS/EEZ
(220(5))
EEZ
TS/EEZ
(220(6))
TS/EEZ
(220(8))
Intl
rules/standard
s (or national
law conforming
with or giving
effect to)
Intl rules and
standards (As
above)
EEZ
EEZ
(clearly
defined
National
law
giving effect to
generally
evidence so
warrants
Clear
grounds for
belief
Clear
grounds for
belief
and
substantial
discharge
causing or
threatening
significant
pollution
and vessel
has refused
to give info
or supplied
obviously
incorrect
Clear
objective
evidence
and
discharge is
causing or
threatening
major
damage to
coastline or
resources of
TS/EEZ AND
evidence so
warrants
Applicable
in cases of
220(3-6)
area)
Give info as
listed
in
220(3)
Physical
inspection
(Further
physical
inspection
(226(l)
(a))info
Proceedings
Detention
(Release:
220(7))
Measures
accordingly
(220(3-6))
accepted rules
(211(5))
accordingly
Ratification
(306)
Accession
(307)
The UN
Sec.- Gen. is
the
Depository
Reservations
(309)
Declarations
(310)
Other
Conventions
(311)
Denunciation
(317)
Amendments
(312-316)
Effect on States
A state which has
signed
must
refrain from acts
which
are
contrary to the
Convention (VCLT,
Art. 8)
Ratification
can
have
an
immediate effect
on natl law
The
Convention
becomes
international law
and is applicable
law
among
all
states parties
States
Parties
or
60,
whichever is greater (nonArea-related: 316 par. 1)
Entry into force 1 year after
months
(315)
Effect, see above
Authentic
texts (320)