The convention set the boundaries of the different zones, measured from a carefully defined baseline. (Normally, a sea baseline follows the low-water mark, but if the shoreline is deeply indented, has fringed islands, or is very unstable, straight baselines can be used.) The areas are: The United Nations Convention on the Law of the Sea establishes the legal framework within which activities are carried out in the oceans and seas. The Convention governs many aspects of ocean affairs, from navigation and fishing to scientific research and the rights of coastal States to explore, use, conserve and manage resources within 200 nautical miles of their coasts and on their continental shelf beyond 200 nautical miles (where applicable). Most of UNCLOS is now generally regarded as an expression of customary international law, which applies to all States, whether or not they are parties to the Convention. The practice of coastal states exercising sovereign rights and authority over activities in their coastal waters dates back to at least the 17th century, when a territorial sea of three (3) nautical miles was recognized as the limit of a coastal state`s control. This recognition was attributed to the range of a cannon in the 17th century and is commonly known as the “canonical firing rule”. Off the territorial seas was the high seas, where all ships enjoyed freedom of the seas, including freedom of navigation and operation. Later, a customs area or water belt adjacent to the territorial sea developed, in which States recognized the right of coastal states to enforce certain customs and smuggling laws. Centuries later, through President Harry Truman`s 1945 proclamation on the continental shelf, the United States asserted jurisdiction and control over the natural resources of the continental shelf and recognized the shelf as a natural extension of U.S. territorial lands.
Shortly thereafter, as the need for a comprehensive legal framework became increasingly evident, the United Nations held its first Conference on the Law of the Sea in 1956, which resulted in four conventions: the 1958 Convention on the Territorial Sea and the Contiguous Zone, the 1958 Convention on the Relationship with the Continental Shelf, the 1958 Convention on the High Seas and the 1958 Convention on Fisheries and Conservation of the Living Resources of the High Seas. Certified copies of the four conventions were sent by the Speaker to the Senate for advice and approval. In April 1960, the Senate Committee on Foreign Relations presented a positive report on the four conventions and recommended that the Senate give its advice and assent. The ratification decisions were adopted by the Senate in May 1960. The United Nations held a second Conference on the Law of the Sea (UNCLOS II) in 1960, but this did not result in a convention or agreement. Another United Nations conference was convened in 1973 to address some outstanding issues (UNCLOS III); This conference ended in Montego Bay, Jamaica, in 1982 and culminated in the Convention on the Law of the Sea (LOSC) in 1982. The LOSC came into force in 1994 after receiving the required number of signatories. The area outside these areas is called “the high seas” or simply “the area”. [17] Part XII of UNCLOS contains specific provisions for the protection of the marine environment, which oblige all States to cooperate on this issue and impose specific obligations on flag States to ensure that ships flying their flag comply with international environmental rules frequently adopted by IMO. MARPOL is an example of such a regulation. Part XII gives coastal and port States broad powers to enforce international environmental regulations within their territories and on the high seas.
[23] The United Nations Sustainable Development Goal 14 also includes a target for the prudent and sustainable use of oceans and their resources, in line with the Convention`s legal framework. [24] Countries first seek to resolve any dispute arising under the 1982 Convention and its provisions through negotiation or other agreed means of their choice (e.g., arbitration). If these efforts fail, a country may, subject to certain exceptions, refer the dispute to the International Tribunal for the Law of the Sea (based in Hamburg), arbitration or the ICJ for forced settlement. The use of these mandatory procedures was rather limited. In addition to the provisions defining maritime boundaries, the Convention sets out general obligations for the protection of the marine environment and the freedom of scientific research on the high seas, and also establishes an innovative legal system for the control of the exploitation of mineral resources in deep-sea areas beyond national jurisdiction by an international seabed authority and the principle of the common heritage of mankind. [19] The high seas lie outside the areas described above. The waters and airspace of this zone are open to all countries, with the exception of activities prohibited by international law (e.g. nuclear weapons tests).
The bottom of the high seas is known as the International Seabed Area (also known as the “Area”), for which the 1982 Convention established a separate and detailed legal regime. In its original form, this regime was unacceptable to developed countries, mainly because of the degree of regulation involved, and was subsequently extensively amended by an additional treaty (1994) to address their concerns. Under the amended regime, seabed minerals under the high seas are considered the “common heritage of mankind” and their exploitation is managed by the International Seabed Authority (ISA). Any commercial exploration or exploitation of the seabed is carried out by private or public companies regulated and authorized by the ISA, although so far only exploration has been conducted. If or when commercial mining begins, a global mining company would be established and sites equal in size or value to those operated by private or public companies would be donated. Royalties and royalties from private and public mining companies, as well as all profits from global society, would be distributed to developing countries. Private mining companies are encouraged to sell their technology and technical expertise to global companies and developing countries. The success of the Convention lies in the balance between the rights of coastal States to manage waters under their sovereignty, sovereignty or jurisdiction and the requirements of other maritime States in those waters for freedoms on the high seas, in particular with regard to navigation for military and maritime purposes. It encourages the peaceful settlement of disputes relating to the oceans through the establishment of compulsory mechanisms and procedures for the settlement of disputes arising out of the interpretation and application of the provisions of the Convention.
Unclos replaces the old concept of “freedom of the seas” of the 17th century.
