The United Nations Convention on the Law of the Sea (UNCLOS), also known as the Law of the Sea Convention or the Law of the Sea Treaty, provides a legal framework for all maritime-related activities and regulates all ocean space, its uses and marine resources.
Understanding UNCLOS
UNCLOS has provisions relating to the territorial sea, continental shelves, contiguous zones, exclusive economic zones, and high seas. These provisions ensure the prevention of disputes between nations over these issues, and in case a conflict arises, it can be solved based on these provisions.
It also has provisions to protect and preserve the marine environment for developing marine technology and scientific research. One of its most important parts concerns exploring and exploiting the seabed, ocean floor, and subsoil and their resources beyond the limit of national jurisdiction.
UNCLOS states that the area and its resources are the ‘common heritage of mankind’. The International Seabed Authority, founded by UNCLOS, oversees the area and its resources.
Knowing The Background
Before the nautical law of UNCLOS came into force, there existed a school of thought known as freedom of the seas. This doctrine first came into operation in the 17th century.
Under this law, no limits or boundaries were set for marine business and commercial activities. Over the years and centuries, a problem emerged as technology developed and the needs of people grew.
Overexploitation of marine resources was intensely felt in the mid-20th century, and many nations started feeling the need to protect their marine resources.
Starting with the United States in 1945, many countries brought the natural resources found on their oceans’ continental shelves under their jurisdiction.
Since the use of marine reserves rose in the 1960s and missile launch pads were also based in the oceanic bed, the need for a specific regulation to ensure the protection and jurisdiction of marine reserves was felt.
In 1967, the Third United Nations Conference on the Law of the Sea was convened. At this conference, the UN ambassador from Malta, Mr Arvid Pardo, requested a legal power that could bring about international governance over the oceanic floor and bed.
UNCLOS resulted from the 3rd UN Conference on the Law of the Sea, which took place between 1973 and 1982. It replaced four treaties of the 1958 Convention on the High Seas.
Important Regulations
Article 56 of UNCLOS defines parameters for establishing a nation’s exclusive economic zone (EEZ), which extends 200 nautical miles from its coastline. The article offers sovereign rights for exploration, conservation, resource exploitation and resource management of living and non-living natural resources.
Article 76 is crucial as it defines a country’s continental shelf as the seabed and subsoil of its submarine regions that extend beyond its territorial sea throughout the natural spread of the land topography to the outer limits of the continental shelf or 200 nautical miles. However, these parameters have given rise to disputes in semi-enclosed regions.
UNCLOS also outlines the duties and responsibilities of Flag States. Some countries that exercised this power were Argentina, Canada, Indonesia, Chile, Peru, Norway, Ecuador, and even Saudi Arabia, Egypt, Ethiopia, and Venezuela.
An important fact is that UNCLOS does not handle territorial disputes or sovereignty issues since it is governed by international law on the acquisition and loss of territory.
The U.N. Sustainable Development Goal 14 focuses on the conservation and sustainable usage of oceans and marine resources, as per the legal framework of UNCLOS.
Such a legal power also ensures there will be no problems between various countries over marine resources.
In a significant way, UNCLOS III paved the way for the now-existing maritime law.
The features and highlights of the same can be explained as follows:
- UNCLOS, as the currently prevailing law of the sea, is ultimately binding.
- Even though the nautical law’s name suggests a United Nations involvement, the UN has no major functional role in UNCLOS’s operations.
- There are 17 parts, 320 articles, and nine annexes to UNCLOS.
- The sea law provides full money rights to nations for a 200-mile zone by their shoreline. The sea and oceanic bed extending this area is regarded as an Exclusive Economic Zone (EEZ), and any country can use these waters for its economic utilization.
- The IMO (International Maritime Organization) plays a vital role in UNCLOS’s operation. Along with the IMO, organizations like the International Whaling Commission and the International Seabed Authority are essential parties in the functional areas of nautical law.
Did you subscribe to our daily Newsletter?
It’s Free! Click here to Subscribe
Source: MarineInsight
