The United Nations Convention on the Law of the Sea ( UNCLOS ), also called Law of the Sea Convention or Sea Treaty Law, resulting from the third UN Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982. The Sea Law Convention establishes the rights and responsibilities of States that respect the use of oceans in the world, establishes guidelines for business, the environment, and natural resource management sea. The Convention, concluded in 1982, superseded the four treaties of 1958. UNCLOS came into force in 1994, a year after Guyana became the 60th state to ratify the treaty. As of June 2016, 167 countries and the EU have joined the Convention. It is uncertain how far the Convention codified customary international law.
While the Secretary-General of the United Nations accepts instruments of ratification and accession and the United Nations provides support for the meeting of States parties to the Convention, the UN has no direct operational role in the implementation of the Convention. But there are roles played by organizations such as the International Maritime Organization, the International Whaling Commission, and the International Oceanic Authority (ISA). (ISA was established by the UN Convention.)
UNCLOS replaced the older concept of 'freedom of the sea', dating from the 17th century: limited national rights to a particular water belt stretching from the coastline of a country, usually 3 nautical miles (5.6 km) , in accordance with the 'cannon shot' rule developed by Dutch lawyer Cornelius van Bynkershoek. All waters outside national boundaries are considered international waters: free to all nations, but none of them (the principle of mare liberum enacted by Hugo Grotius).
At the beginning of the 20th century, some countries expressed their desire to expand national claims: to include mineral resources, to protect fish stocks, and to provide means to impose pollution control. (The League of Nations called the 1930 conference in The Hague, but no agreement was generated.) Using the principle of customary international law of the nation's right to protect its natural resources, President Harry S. Truman in 1945 extended the United States control to all natural sources power from its continental shelf. Other countries quickly followed suit. Between 1946 and 1950, Chile, Peru and Ecuador extended their rights to a distance of 200 nautical miles (370 km) to cover their Humboldt Current fishing area. Other countries expand their territorial sea to 12 nautical miles (22 km).
In 1967, only 25 countries still used the 3-mile (4.8 km) limit, while 66 countries had set 12-nautical-mile (22 km) and eight set the 200-nautical-mile (370 km) limit). On May 28, 2008, only two countries still used the 3-mile (4.8 km) limit: Jordan and Palau. The limit is also used on certain Australian islands, Belize territories, several straits of Japan, certain areas of Papua New Guinea, and some British Foreign Territories, such as Anguilla.
Video United Nations Convention on the Law of the Sea
UNCLOS I
In 1956, the United Nations held its first Conference on the Law of the Sea (UNCLOS I) in Geneva, Switzerland. UNCLOS I produced four agreements concluded in 1958:
- Convention on the Territorial Sea and Contiguous Zone, enacted: September 10, 1964
- Convention on the Continental Shelf, entered into force: June 10, 1964
- Convention on the High Seas, entered into force: 30 September 1962
- Convention on Marine Affairs and Marine Resource High Conservation, entered into force: March 20, 1966
Although UNCLOS I considered a success, but still open an important issue about the breadth of territorial waters.
Maps United Nations Convention on the Law of the Sea
UNCLOS II
In 1960, the United Nations convened the second Conference on the Law of the Sea ("UNCLOS II"); however, the six-week Geneva conference did not result in a new deal. In general, developing countries and third world countries only participate as clients, allies, or dependents from the United States or the Soviet Union, without a significant voice of their own.
UNCLOS III
The problem of various claims of territorial waters was raised at the UN in 1967 by Arvid Pardo of Malta, and in 1973 the Third Nations Conference on the Law of the Sea was held in New York. In an effort to reduce the likelihood of a nation-state group dominating the negotiations, the conference uses a consensus process rather than a majority vote. With more than 160 countries participating, the conference lasted until 1982. The resulting Convention came into force on 16 November 1994, one year after the 60th state of Guyana, ratified the agreement.
The Convention introduced a number of provisions. The most significant issues discussed are boundary setting, navigation, island status and transit regime, exclusive economic zone (ZEE), continental shelf jurisdiction, deep seabed mining, exploitation regimes, marine environmental protection, scientific research, and dispute resolution.
The Convention establishes the boundaries of the various areas, measured from carefully determined baselines. (Usually, the bottom line follows the low water line, but when the coastline is deeply indented, has islands on the periphery or very unstable, a straight base line can be used.) The areas are as follows:
- internal waters
- Includes all water and drains on the ground side of the baseline. The coastal state is free to enact laws, regulate use, and use any resources. Foreign ships have no right of passage in internal waters.
- Territorial waters
- To 12 nautical miles (22 kilometers, 14 miles) from the base line, the coastal state is free to enact legislation, regulate use, and use any resources. The ships were granted the right of peaceful passage through territorial waters, with a strategic strait enabling the passage of military vessels as transit lines, in which naval vessels were allowed to retain postures that would be illegal in territorial waters. The "innocent passage" is defined by the convention as passing the waters in a fast and sustainable way, which does not "harm the peace, good order or security" of the coastal state. Fishing, pollution, weapons training, and spying are not "innocent", and submarines and other underwater vehicles are needed to navigate on the surface and to show their flags. Countries can also temporarily suspend innocent trails in certain areas of their territorial sea if they are necessary to protect their security.
- The archipelagic waters
- The Convention establishes the definition of the State of Islands in Part IV, which also defines how the state can draw its territorial borders. The bottom line is drawn between the outermost points of the outermost island, with these points close enough to each other. All waters within this baseline are designated Islands Waters . The state has sovereignty over these waters (such as inner waters), but is subject to existing rights including traditional fishing rights from adjacent countries. Foreign ships have the right of peaceful passage through archipelagic waters (such as territorial waters).
- Contiguous zone
- Outside the 12-nautical-mile limit (22 km), there is an additional 12 nautical miles (22 km) from the territorial sea border, adjacent zone, where a country can continue to enforce the law in four specific areas. fields: customs, taxation, immigration and pollution, if the offense commences within the territory of the country or territorial waters, or if this violation will occur within the territory of the country or territorial waters. This makes the adjacent zone a hot search area.
- Exclusive economic zone (ZEE)
- This extends 200 nautical miles (370 kilometers, 230 miles) from the baseline. In this area, coastal states have the sole right of exploitation of all natural resources. In ordinary use, the term may include territorial sea and even continental shelf. EEZ was introduced to stop the heated clashes on fishing rights, although oil is also important. The success of the offshore oil platform in the Gulf of Mexico in 1947 was repeated elsewhere in the world, and in 1970 it was technically feasible to operate in 4,000 meters of water. Foreign countries have freedom of navigation and overflight, subject to the regulations of coastal countries. Foreign countries can also install pipes and submarine cables.
- Continental shelf
- The continental shelf is defined as the natural extension of the terrestrial region to the outer edge of the continental maritime, or 200 nautical miles (370 km) from the coastal country base line, whichever is greater. A state continental shelf may exceed 200 nautical miles (370 km) until the natural extension ends. However, it may never exceed 350 nautical miles (650 kilometers, 400 miles) from the baseline; or may never exceed 100 nautical miles (190 kilometers, 120 miles) beyond the isobath of 2,500 meters (lines connecting 2,500 meters depth). Coastal States have the right to harvest minerals and non-living material in the subsoil layer on their continental shelf, excluding others. The coastal states also have exclusive control over living resources "attached" to the continental shelf, but not to living creatures in the water column outside the exclusive economic zone.
In addition to the provisions on setting sea boundaries, the Convention establishes a general obligation to safeguard the marine environment and protect the freedom of scientific research on the high seas, as well as create an innovative legal regime to control the exploitation of mineral resources in seabed areas outside national jurisdiction, through the Seabed Authority International and general heritage of human principles.
The landlocked country is granted access rights to and from the sea, without traffic taxes through transit countries.
Section XI and Agreement 1994
Section XI of the Convention provides regimes relating to minerals on the seabed outside the territorial waters of the state or ZEE (Exclusive Economic Zone). It establishes the International Seafarers Authority (ISA) to authorize the exploration and mining of seabed and collect and distribute royalty for seabed mining.
The United States objected to the provisions of Section XI of the Convention on several grounds, arguing that the treaty is unprofitable for the economic and security interests of America. Because of Part XI, the United States refuses to ratify UNCLOS, although it expressly agrees with other provisions of the Convention.
From 1982 to 1990, the United States accepted all except Part XI as an international customary law, while trying to establish an alternative regime for the exploitation of minerals from the deep seabed. Agreements were made with other marine mining countries and licenses were granted to four international consortia. Simultaneously, the Preparatory Commission is formed to prepare to finally enforce a claim recognized by the applicant Convention, sponsored by the signatory to the Convention. The overlap between the two groups was resolved, but a decrease in demand for minerals from the seafloor made the seabed regime significantly less relevant. Moreover, the decline of Socialism and the fall of communism in the late 1980s has dispelled much support for some of the more controversial provisions of Section XI.
In 1990, consultations began between signatories and non-signatories (including the United States) for the possibility of modifying the Convention to enable industrialized countries to join the Convention. The adopted 1994 Implementation Agreement was adopted as a binding international Convention. It mandates that key articles, including those on restrictions on seafloor production and compulsory technology transfer, shall not apply, that the United States, if it becomes a member, shall be guaranteed a seat on the Board of the International Seafarers Authority, and finally, that the vote shall done in groups, with each group able to block decisions about substantive matters. The 1994 Agreement also establishes the Financial Committee which will initiate the financial decisions of the Authority, whereby the largest donors will automatically become members and where decisions will be made by consensus.
On 1 February 2011, the Sea Dispute Room of the International Tribunal for the Law of the Sea (ITLOS) issues an advisory opinion on the legal and liability responsibilities of States Parties to the Convention in respect of sponsorship of activities in the Area in accordance with Section XI of the Convention and Agreement 1994. advisers are issued in response to an official request made by the International Seafarers Authority after two previous requests by the Legal and Technical Commission of the Authority have been received from the Republic of Nauru and Tonga on the proposed activity (work plan to find polymetallic nodules) to be conducted in the Area by two contractors sponsored by the State - Nauru Ocean Resources Inc. (sponsored by the Republic of Nauru) and Tonga Offshore Mining Ltd. (sponsored by the Kingdom of Tonga). The advisory opinion establishes the responsibility of international law and the obligations of the Sponsoring State and the Authority to ensure that the sponsored activities do not endanger the marine environment, consistent with the applicable provisions of UNCLOS Section XI, Authority regulations, ITLOS case law, other international environmental agreements. , and Principle 15 of the UN Rio Declaration.
Parties
The Convention was opened for signature on 10 December 1982 and entered into force on 16 November 1994 after the deposit of the 60th instrument of ratification. The Convention has been ratified by 168 parties, covering 167 countries (164 member states of the United Nations plus UN Observer of Palestinian countries, as well as Cook Islands, Niue and the European Union).
See also
- Automatic Identification System
- Admiralty's Law
- Fisheries management
- International Tribunal for the Law of the Sea
- Rescue law
- Legal assessment of Gaza's fleet attack
- Sea Security Regime
- The Montreux Convention Regarding Turkey Strait Regime
- Sharp Guard Operation
- Territorial waters
- Cyber-Space Law
- The United States does not ratify UNCLOS
- US/ASSR Joint Statement on Uniform Admissions Rules of International Law Governing an Unlawful Part
- United Nations General Assembly Resolutions
References
External links
- Approval text (pdf)
- List of countries that have ratified the Law of the Sea Convention
- International Tribunal for the Law of the Sea
- Permanent Arbitration Court - Previous and Delayed Cases
- World Court Decisions Relevant to UNCLOS (2010) and Content & amp; Index
- The United Nations Division for Sea Affairs and the Law of the Sea
- The UN Commission on the Boundaries of the continental shelf
- "Technical aspects of the UN Sea Law" (PDF) . Ã, (4.89 MB)
- The UNEP Shelf Program, a United Nations organization set up to assist States in describing their continental shelf exceeds 200 nautical miles (370 km)
- UNCLOS Italian Database
- EEZ/CS Boundaries Canadian Database
- Digital Map of the Exclusive World Economic Zone
- Maritime Database of SOPAC
- Preliminary notes by Tullio Treves, procedural history records and audiovisual material on 1958 Geneva Conventions on the Law of the Sea in the Historical Archive of the United Nations Audiovisual Library on International Law
- Preliminary notes by Tullio Treves, procedural history records and audiovisual material on the United Nations Convention on the Law of the Sea in the Historical Archive of the United Nations Audiovisual Library on International Law
Lecture
- Lecture at the United Nations Audiovisual Library Lecture Series on International Law
- Shabtai Rosenne Memorial Lecture by John Norton Moore entitled UN Convention on the Law of the Sea: One of the Greatest Achievements in the Rules of International Law
- Serial lecture in six parts by Tullio Treves titled Law of the Sea on the Thirtieth Day of the UN Naval Law Convention
- Lecture by Helmut TÃÆ'¼rk entitled Landlocked Countries and the Law of the Sea
- Lecture by Tullio Treves entitled New Sea Law and Dispute Settlement
- The lecture by Emmanuel Roucounas entitled Non-State Marine Law User
- Lecture by David Freestone entitled Convention 25 Years of the Law of the Sea - Has This Succeeded?
- A lecture by Tommy Koh entitled Arts and Sciences Leadership of the Major Intergovernmental Conference and The Third UN Conference on Maritime Law
- Lecture by Jin-Hyun Paik entitled International Legal Regime of Fisheries
- Lecture by Tullio Scovazzi titled UN Convention on the Law of the Sea and More
Further reading
- Ann L. Hollick (1981): US. Foreign Policy and the Law of the Sea (preview)
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