- The United Nations Convention on the Law of the Sea (UNCLOS) establishes a legal framework for all marine and maritime activities.
- 167 countries and the European Union are parties to the Convention.
- UNCLOS resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982, and was adopted and signed in 1982.
- It replaced the four Geneva Conventions of April 1958.
- UNCLOS created three new institutions on the international scene:
- the International Tribunal for Laws of the Sea,
- the International Seabed Authority, and
- the Commission on the Limits of Continental Shelf.
- The Convention divides marine areas into five main zones:
- Internal Waters,
- Territorial Sea,
- Contiguous Zone,
- Exclusive Economic Zone (EEZ), and
- the High Seas.
- UNCLOS provides a framework for state jurisdiction in maritime spaces and different legal status to different maritime zones.
- It provides guidance for states’ rights and responsibilities in the five concentric zones.
- UNCLOS is the only international convention that stipulates a framework for offshore governance by coastal states and those navigating the oceans.
Maritime Zones
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- Baseline:
- It is the low-water line along the coast as officially recognized by the coastal state.
- Internal Waters:
- Waters on the landward side of the baseline from which the breadth of the territorial sea is measured.
- Each coastal state has full sovereignty over its internal waters, similar to its land territory.
- Examples include bays, ports, inlets, rivers, and lakes connected to the sea.
- No right of innocent passage through internal waters.
- Territorial Sea:
- Extends seaward up to 12 nautical miles (nm) from its baselines.
- Coastal states have sovereignty and jurisdiction over the territorial sea, including seabed, subsoil, and airspace.
- Coastal states’ rights are limited by innocent passage through the territorial sea.
- Contiguous Zone:
- Extends seaward up to 24 nm from its baselines.
- An intermediary zone between the territorial sea and the high seas.
- Coastal state has the right to prevent and punish infringement of laws within its territory and territorial sea.
- Provides jurisdiction to a state on the ocean’s surface and floor, but not in the air or space.
- Exclusive Economic Zone (EEZ):
- Each coastal state may claim an EEZ beyond and adjacent to its territorial sea, extending seaward up to 200 nm from its baselines.
- Coastal state has sovereign rights for exploring, exploiting, conserving, and managing natural resources of the seabed and subsoil.
- Allows for energy production from water, currents, and wind.
- Does not give coastal states the right to prohibit or limit freedom of navigation or overflight, subject to limited exceptions.
- High Seas:
- Ocean surface and water column beyond the EEZ, considered the “common heritage of all mankind” and beyond national jurisdiction.
- States can conduct peaceful activities in these areas, such as transit, marine science, and undersea exploration.
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