United Nations Convention

on the Law of the Sea

UNCLOS
 HISTORY
• The UNCLOS replaces the older and weaker '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 three nautical miles, according to the 'cannon shot' rule. All
waters beyond national boundaries were considered international
waters — free to all nations, but belonging to none of them.
• 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.
Using the customary international law principle of a nation's right to
protect its natural resources, President 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, Argentina, Chile, Peru, and Ecuador extended their rights to a
distance of 200 nautical miles to cover their Humboldt Current
fishing grounds. Other nations extended their territorial seas to 12
nautical miles.
 UNCLOS
• The Law of the Sea Convention defines the rights and
responsibilities of nations in their use of the world's
oceans, establishing guidelines for businesses, the
environment, and the management of marine natural
resources. The Convention, concluded in 1982, & came
into force in 1994, a year after Guyana became the
60th state to sign the treaty. To date, 158 countries and
the European Community have joined in the
Convention.
• US had taken the lead to get the UNCLOS III cleared
but after all states passed the convention US did not
sign the convention.
• UNCLOS I
• In 1956 - 1958, the United Nations held its first Conference on the
Law of the Sea (UNCLOS1)
• Convention on Territorial Sea and Contiguous Zone, Convention on
the Continental Shelf, Convention on the High Seas,Convention on
Fishing and Conservation of Living Resources of the High Seas
• UNCLOS I was considered a success, except for breadth of territorial
waters.
• UNCLOS II
• In 1960, the UN held the second Conference on the Law of the Sea
.The six-week Geneva conference did not result in any new
agreements.
• UNCLOS III
• Territorial waters boundary was convened in New York in 1973. 160
nations participated, the conference lasted until 1982. The resulting
convention came into force on November 16, 1994, one year after the
sixtieth state, Guyana, ratified the treaty.
 BASELINE
1)A sea baseline follows the low-water line as per the
least astronomical tide for that year . The coastal
State has to regularly adjust the baselines, if the
coastline changes, and reflects the changes in the
relevant charts.
2)Where the coastline is deeply indented and cut into,
or if there is a fringe of islands along the coast,
straight baselines joining appropriate points may be
employed in drawing the baseline
3)If a river flows directly into the sea, the baseline
shall be a straight line across the mouth of the river
between points on the low-water line of its banks.
4)In case a port structure , the outermost permanent
harbour works are regarded as forming part of the
coast.
5)Roadsteads which are normally used for the loading,
unloading and anchoring of ships, are included in the
territorial sea and is not part of the inland waters.
6) Baselines mark the boundary between internal waters
and the territorial sea, contiguous zone ,EEZ,
continental shelf
7)Max length of straight baselines is 40 nautical miles.
Straight baselines may also be drawn when deep
embayment’s and sections of coastline.
 INLAND WATERS
1)Fresh water boundary is used to distinguish internal
waters from inland water, e.g. concerning rivers
2)All canals will be considered as inland waters except
whether the canal connects two parts of the sea e.g. the
Kiel Canal, the Panama Canal and the Suez Canal are
part of the internal waters
3) Caspian Sea even though salinity is more it is considered
as inland sea (Inland water).
4) Inland ports are considered as part of the internal water
5)Between States with adjoining coasts (median lines are
drawn for equitable solutions)
 Internal waters
1)Covers all water and waterways on the landward side of the
baseline.
2) The coastal state has full sovereign rights over these waters.
The state is free to set laws, regulate use, and use any
resource.
3)Foreign vessels have no right of passage within internal waters.
They have to approach the state for entering their territory.
4)Own country naval vessels / Coast Guards have full right in
these waters. Also the states internal organization may
provide immunity for States own vessels.
6)The state can claim money towards use of internal waters.
7)Local fishing vessels are permitted
8)Exception: Under certain conditions for ships in distress or
force majeure; have right of access to and from the sea.
 Territorial waters
1)12 nautical miles from the baseline.
2) The coastal state exercises sovereignty, including the airspace over
the territorial sea ,seabed and subsoil
2) Merchant vessels have to be given the right of innocent passage
through any territorial waters
4)Country can frame any laws for the use of living and non living
organisms in these waters.
5)Other country naval vessels can transit under escort & with
permission
6) No charge may be levied upon foreign ships by reason only of their
passage through the territorial sea.
7)Charges may be levied upon a foreign ship passing through the
territorial sea as payment only for specific services rendered to the
ship eg towage , light house dues etc
 INNOCENT PASSAGE
1. Passage is innocent so long as it is not prejudicial to the
peace, good order or security of the coastal State.
2. Passage of a foreign ship shall be considered to be
prejudicial to the peace, good order or security of the
coastal State in the territorial sea if
(a) any threat or use of force against the sovereignty,
integrity or political independence of the coastal State.
(b) any exercise or practice with weapons of any kind;
(c) any act aimed at collecting information to the prejudice of
the defense or security of the coastal State;
(d) any act of propaganda aimed at affecting the defence or
security of the coastal State;
(e) the launching, landing or taking on board of any aircraft;
(f) the launching, landing or taking on board of any military
device;
(g) the loading or unloading of any commodity, currency or
person contrary to the customs, fiscal, immigration or sanitary
laws and regulations of the coastal State;
(h) any act of willful and serious pollution.
(i) any fishing activities;
(j) the carrying out of research or survey activities;
(k) any act aimed at interfering with any systems of
communication
or any other facilities or installations of the coastal State;
(l) any other activity not having a direct bearing on passage.
m)Carrying of armed guards for going on board for security purposes.
 CONTIGUOUS ZONE
1)This is a zone 24 NM from base line or 12 NM
from Territorial sea.
2) In a zone contiguous to its territorial sea, the
coastal State may exercise the control necessary to:
(a) Prevent infringement of its customs, fiscal
(taxation), immigration or sanitary laws
(Pollution) and regulations within its territory or
territorial sea;
(b) Punish infringement of the above laws and
regulations committed within its territory or
territorial sea.
 Archipelagic waters
1. An archipelagic State may draw straight archipelagic baselines
joining the outermost points of the outermost islands and
drying reefs of the archipelago provided that within such
baselines are included the main islands & atolls.
2. The length of such baselines shall not exceed 100 nm
3.The breadth of the territorial sea, the contiguous zone, the
exclusive economic zone and the continental shelf shall be
measured from archipelagic baselines .
4.Within its archipelagic waters, the archipelagic State may
draw closing lines for the delimitation of internal waters.
5. Merchant ships of all States enjoy the right of innocent
passage through archipelagic waters.
 Exclusive economic zones (EEZs)
 Extends from the edge of the territorial sea out to 200 nm from the baseline.
 In the exclusive economic zone, the coastal State has:
 (a) sovereign rights for the purpose of exploring and exploiting, conserving and
managing the natural resources, whether living or non-living ( Fishing and
exploration rights).
 (b)Economic exploitation such as the production of energy from the water,
currents and winds
 c) the establishment and use of artificial islands, installations and structures
 d) marine scientific research
 e) the protection and preservation of the marine environment;
 Foreign nations have the freedom of navigation and over flight, subject to the
regulation of the coastal states.
 Foreign states may also lay submarine pipes and cables.
 All Vessels are allowed except within 500mtrs of rigs & platforms
 Country can make any laws in the EEZ .
 Countries have to apply to IMO for permission to start EEZ.
 Continental shelf
 The continental shelf is the natural prolongation of the land
territory to the continental margin’s outer edge, or 200
nautical miles from the coastal state’s baseline.
• 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 meter iso-bath.
• Coastal states have the right to harvest mineral and non-living
material in the subsoil of its continental shelf.
• 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.
 Continental Shelf
 The term "continental shelf" is used by geologists generally to
mean that part of the continental margin which is between the
shoreline and the shelf break or, where there is no noticeable
slope, between the shoreline and the point where the depth of the
superjacent water is approximately between 100 and 200 metres.
According to the Convention, the continental shelf of a coastal
State comprises the submerged prolongation of the land territory
of the coastal State - the seabed and subsoil of the submarine areas
that extend beyond its territorial sea to the outer edge of the
continental margin, or to a distance of 200 nautical miles where
the outer edge of the continental margin does not extend up to
that distance. The continental margin consists of the seabed and
subsoil of the shelf, the slope and the rise. It does not include the
deep ocean floor with its oceanic ridges or the subsoil thereof .


 Difference Continental shelf / EEZ
(1) Breadth:
(a) the continental shelf regime can extend beyond the 200 M if the
geophysical configuration allows;
(b) the exclusive economic zone cannot extend beyond 200 M.
(2) Entitlement:
(a) The continental shelf inherently belongs to the coastal State,
(b) The exclusive economic zone must be proclaimed by it.
(c) Coastal States have a continental shelf while they may or may not
have an exclusive economic zone (in such a case, the waters above
the continental shelf falls under the high seas regime).
(3) Scope:
(a) the continental shelf regime only applies to the seabed, its subsoil
and their resources;
(b) the exclusive economic zone regime extends also to the water
column and its resources.
(4) Content of the legal regime:
Exploitation of resources:
living resources: coastal States have the obligation to share the surplus
of the living resources that they are allowed to catch in the
exclusive economic zone with other States, whereas they do not
have such an obligation with regard to the sedentary species of the
continental shelf;
non-living resources: coastal States must make payments or
contributions in kind (up to 7 per cent of the value or volume of
their production) to the ISA with respect of the exploitation of the
non-living resources of their continental shelves beyond 200 M; in
general, the continental shelf regime is more elaborate with regard
to their exploitation.
Pollution: broader jurisdiction in the exclusive economic zone than
in the continental shelf.
Marine scientific research: broader jurisdiction in the exclusive
economic zone than in the continental shelf.
The coastal State has:
(a) sovereign rights for the purpose of exploring and exploiting,
conserving and managing natural resources (living or non-
living), and with regard to other economic activities (e.g.:
production of energy from water, currents and winds);
(b) Jurisdiction: with regard to the (i) establishment and use of
artificial islands, installations and structures; (ii) marine
scientific research; and (iii) protection and preservation of
marine environment.