United Nations Convention on Law of Sea (UNCLOS) UPSC

United Nations Convention on Law of Sea (UNCLOS)

Origin of UNCLOS

• UN Convention on the Law of Sea is the international agreement that resulted from the 3rd United Nations Conference on the Law of the Sea.

What is UNCLOS ?

•  It provides a regulatory framework for the use of the worlds seas and oceans, to ensure the conservation and equitable usage of resources and the marine environment and to ensure the protection and preservation of the living resources of the sea.

Members of UNCLOS ?

• 167 countries plus the UN Observer state Palestine, as well as the Cook Islands, Niue and the European Union have joined in the Convention.

Institutions of UNCLOS:-

• The convention has created 3 new institutions on the international scene,

1. International Tribunal for the Law of the Sea,

2. International Seabed Authority,

3. Commission on the Limits of the Continental Shelf.

Note:-

• UN has no direct operational role in the implementation of the Convention.
• However, there is a role played by organizations such as the International Maritime Organization, the International Whaling Commission, and the International Seabed Authority.

What is the role of UNCLOS ?

• The most significant issues covered by convention were setting limits, navigation, archipelagic status and transit regimes, exclusive economic zones (EEZs), continental shelf jurisdiction, deep seabed mining, the exploitation regime, protection of the marine environment, scientific research, and settlement of disputes.
• The convention gives a clear definition on Internal Waters, Territorial Waters, Archipelagic Waters, Contiguous Zone, Exclusive Economic Zone, and Continental Shelf.

• Mineral resource exploitation in deep seabed areas beyond national jurisdiction is regulated through an International Seabed Authority and the Common heritage of mankind principle.

Important facts related to UNCLOS:-

• According to UNCLOS, Landlocked states are given a right of access to and from the sea, without taxation of traffic through transit states.
• Ships and aircraft of all countries are allowed "transit passage" through straits used for international navigation.
• Coastal States have sovereign rights in EEZ with respect to natural resources and certain economic activities, and exercise jurisdiction over marine science research and environmental protection.
• All other States have freedom of navigation and over flight in the EEZ, as well as freedom to lay submarine cables and pipelines.
• Land-locked and geographically disadvantaged States have the right to participate on an equitable basis in exploitation of an appropriate part of the surplus of the living resources of the EEZ's of coastal States of the same region or sub-region.
• All marine scientific research in the EEZ and on the continental shelf is subject to the consent of the coastal State, but in most cases, they are obliged to grant consent to other States when the research is for peaceful purposes.
• Disputes can be submitted to the International Tribunal for the Law of the Sea established under the Convention, or to the International Court of Justice, or to arbitration.
• The Tribunal has exclusive jurisdiction over deep seabed mining disputes.