United Nations Convention on the Law of the Sea (UNCLOS)

By Sud
Apr 30, 2023
  • 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

  • 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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