The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an

international agreement A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal perso ...

that establishes a legal framework for all marine and maritime activities. , 167 countries and the

European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...

are parties. The Convention resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982. UNCLOS replaced the four treaties of the 1958

Convention on the High Seas The Convention on the High Seas is an international treaty which codifies the rules of international law relating to the high seas, otherwise known as international waters. The convention was one of four treaties created at the United Nations Co ...

. UNCLOS came into force in 1994, a year after Guyana became the 60th nation to ratify the treaty. It is uncertain as to what extent the Convention codifies customary international law. While the

Secretary-General of the United Nations The secretary-general of the United Nations (UNSG or SG) is the chief administrative officer of the United Nations and head of the United Nations Secretariat, one of the six principal organs of the United Nations. The role of the secretary-g ...

receives instruments of

ratification Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties inte ...

and accession and the UN provides support for meetings of states party to the Convention, the

United Nations Secretariat The United Nations Secretariat (french: link=no, Secrétariat des Nations unies) is one of the six principal organs of the United Nations (UN), The secretariat is the UN's executive arm. The secretariat has an important role in setting the a ...

has no direct operational role in the implementation of the Convention. A UN

specialized agency United Nations Specialized Agencies are autonomous organizations working with the United Nations and each other through the co-ordinating machinery of the United Nations Economic and Social Council at the intergovernmental level, and through th ...

, the International Maritime Organization, does play a role, however, as well as other bodies such as the

International Whaling Commission The International Whaling Commission (IWC) is a specialised regional fishery management organisation, established under the terms of the 1946 International Convention for the Regulation of Whaling (ICRW) to "provide for the proper conservation ...

and the

International Seabed Authority The International Seabed Authority (ISA) (french: Autorité internationale des fonds marins) is a Kingston, Jamaica-based intergovernmental body of 167 member states and the European Union established under the 1982 UN Convention on the Law of ...

(ISA), which was established by the Convention itself.

Background

UNCLOS replaces the older '

freedom of the seas Freedom of the seas ( la, mare liberum, lit. "free sea") is a principle in the law of the sea. It stresses freedom to navigate the oceans. It also disapproves of war fought in water. The freedom is to be breached only in a necessary inter ...

' concept, dating from the 17th century. According to this concept, national rights were limited to a specified belt of water extending from a nation's

coast The coast, also known as the coastline or seashore, is defined as the area where land meets the ocean, or as a line that forms the boundary between the land and the coastline. The Earth has around of coastline. Coasts are important zones in ...

lines, usually (

three-mile limit The three-mile limit refers to a traditional and now largely obsolete conception of the international law of the seas which defined a country's territorial waters, for the purposes of trade regulation and exclusivity, as extending as far as the r ...

), according to the '

cannon A cannon is a large- caliber gun classified as a type of artillery, which usually launches a projectile using explosive chemical propellant. Gunpowder ("black powder") was the primary propellant before the invention of smokeless powder ...

shot' rule developed by the Dutch jurist

Cornelius van Bynkershoek Cornelis van Bijnkershoek (a.k.a. ''Cornelius van Bynkershoek'') (29 May 1673, in Middelburg – 16 April 1743, in The Hague) was a Dutch jurist and legal theorist who was educated at the University of Franeker. After two years study, he began to ...

. All waters beyond national boundaries were considered

international waters The terms international waters or transboundary waters apply where any of the following types of bodies of water (or their drainage basins) transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed region ...

: free to all nations, but belonging to none of them (the ''

mare liberum ''Mare Liberum'' (or ''The Freedom of the Seas'') is a book in Latin on international law written by the Dutch jurist and philosopher Hugo Grotius, first published in 1609. In ''The Free Sea'', Grotius formulated the new principle that the s ...

'' principle promulgated by Hugo Grotius). In the early 20th century, some nations expressed their desire to extend national claims: to include mineral resources, to protect fish stocks, and to provide the means to enforce pollution controls. (The

League of Nations The League of Nations (french: link=no, Société des Nations ) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference that ...

called a 1930 conference at

The Hague The Hague ( ; nl, Den Haag or ) is a city and municipality of the Netherlands, situated on the west coast facing the North Sea. The Hague is the country's administrative centre and its seat of government, and while the official capital o ...

, but no agreements resulted.) Using the customary international law principle of a nation's right to protect its natural resources, President

Harry S. Truman Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. A leader of the Democratic Party, he previously served as the 34th vice president from January to April 1945 under Franklin ...

in 1945 extended United States control to all the natural resources of its continental shelf. Other nations were quick to follow suit. Between 1946 and 1950, Chile, Peru, and Ecuador extended their rights to a distance of to cover their Humboldt Current fishing grounds. Other nations extended their territorial seas to . By 1967, only 25 nations still used the old three nautical mile limit, while 66 nations had set a territorial limit and eight had set a limit. , only Jordan still uses the limit. That limit is also used in certain Australian islands, an area of Belize, some Japanese straits, certain areas of Papua New Guinea, and a few British Overseas Territories, such as

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. UNCLOS does not deal with matters of territorial disputes or to resolve issues of sovereignty, as that field is governed by rules of customary international law on the acquisition and loss of territory. The United Nations Sustainable Development Goal 14 has a target regarding conservative and sustainable use of oceans and their resources in line with UNCLOS legal framework.

UNCLOS I

In 1956, the United Nations held its first Conference on the Law of the Sea (UNCLOS I) at

Geneva , neighboring_municipalities= Carouge, Chêne-Bougeries, Cologny, Lancy, Grand-Saconnex, Pregny-Chambésy, Vernier, Veyrier , website = https://www.geneve.ch/ Geneva ( ; french: Genève ) frp, Genèva ; german: link=no, Genf ; it, Ginevr ...

, Switzerland. UNCLOS I resulted in four treaties concluded in 1958: * Convention on the Territorial Sea and Contiguous Zone, entry into force: 10 September 1964 * Convention on the Continental Shelf, entry into force: 10 June 1964 *

, entry into force: 30 September 1962 * Convention on Fishing and Conservation of Living Resources of the High Seas, entry into force: 20 March 1966 Although UNCLOS I was considered a success, it left open the important issue of breadth of territorial waters.

UNCLOS II

In 1960, the United Nations held the second Conference on the Law of the Sea ("UNCLOS II"); however, the six-week Geneva conference did not result in any new agreements. Generally speaking, developing nations and third world countries participated only as clients, allies, or dependents of the United States or the Soviet Union, with no significant voice of their own.

UNCLOS III

The issue of varying claims of territorial waters was raised in the UN in 1967 by

Arvid Pardo Arvid Pardo (February 12, 1914 – June 19, 1999) was a Maltese and Swedish diplomat of Jewish origin, scholar and university professor. He is known as the Father of the United Nations Convention on the Law of the Sea". Pardo was born in Ro ...

of Malta, and in 1973 the ''Third United Nations Conference on the Law of the Sea'' convened in New York. In an attempt to reduce the possibility of groups of nation-states dominating the negotiations, the conference used a consensus process rather than majority vote. With more than 160 nations participating, the conference lasted until 1982. The resulting convention came into force on 16 November 1994, one year after the 60th state, Guyana, ratified the treaty. The convention introduced a number of provisions. The most significant issues covered 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 set the limit of various areas, measured from a carefully defined baseline. (Normally, a sea baseline follows the low-water line, but when the coastline is deeply indented, has fringing islands or is highly unstable, straight baselines may be used.) The areas are as follows: ;

Internal waters According to the United Nations Convention on the Law of the Sea, a nation's internal waters include waters on the side of the baseline of a nation's territorial waters that is facing toward the land, except in archipelagic states. It includes wat ...

:Covers all water and waterways on the landward side of the baseline. The coastal state is free to set laws, regulate use, and use any resource. Foreign vessels have no right of passage within internal waters. A vessel in the high seas assumes jurisdiction under the internal laws of its flag State. ;

Territorial waters The term territorial waters is sometimes used informally to refer to any area of water over which a sovereign state has jurisdiction, including internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, and potent ...

: Out to from the baseline, the coastal state is free to set laws, regulate use, and use any resource. Vessels were given the right of

innocent passage Innocent passage is a concept in the law of the sea that allows for a vessel to pass through the archipelagic and territorial waters of another state, subject to certain restrictions. The United Nations Convention on the Law of the Sea Article 19 ...

through any territorial waters, with strategic straits allowing the passage of military craft as

transit passage Transit passage is a concept of the law of the sea, which allows a vessel or aircraft the freedom of navigation or overflight solely for the purpose of continuous and expeditious transit of a strait between one part of the high seas or exclusiv ...

, in that naval vessels are allowed to maintain postures that would be illegal in territorial waters. "Innocent passage" is defined by the convention as passing through waters in an expeditious and continuous manner, which is not "prejudicial to the peace, good order or the security" of the coastal state. Fishing, polluting, weapons practice, and spying are not "innocent", and submarines and other underwater vehicles are required to navigate on the surface and to show their flag. Nations can also temporarily suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the protection of their security. ;

Archipelagic waters An archipelagic state is an island country that consists of an archipelago. The designation is legally defined by the United Nations Convention on the Law of the Sea (UNCLOS). In various conferences, The Bahamas, Fiji, Indonesia, Papua New Guine ...

: The convention set the definition of "Archipelagic States" in Part IV, which also defines how the state can draw its territorial borders. A baseline is drawn between the outermost points of the outermost islands, subject to these points being sufficiently close to one another. All waters inside this baseline are designated "Archipelagic Waters". The state has sovereignty over these waters mostly to the extent it has over internal waters, but subject to existing rights including traditional fishing rights of immediately adjacent states. Foreign vessels have right of innocent passage through archipelagic waters, but archipelagic states may limit innocent passage to designated sea lanes. ; Contiguous zone:Beyond the limit, there is a further from the territorial sea baseline limit, the contiguous zone. Here a state can continue to enforce laws in four specific areas (customs, taxation, immigration, and pollution) if the infringement started or is about to occur within the state's territory or territorial waters. This makes the contiguous zone a

hot pursuit Hot pursuit Hot pursuit is a legal term. Hot Pursuit may also refer to: Film and television * ''Hot Pursuit'' (1984 TV series), a 1984 NBC television series * ''Hot Pursuit'' (2006 TV series), a 2006 Court TV television series * ''Hot Pursuit ...

area. ; Exclusive economic zones (EEZs): These extend from the baseline. Within this area, the coastal nation has sole exploitation rights over all natural resources. In casual use, the term may include the territorial sea and even the continental shelf. The EEZs were introduced to halt the increasingly heated clashes over fishing rights, although

oil An oil is any nonpolar chemical substance that is composed primarily of hydrocarbons and is hydrophobic (does not mix with water) & lipophilic (mixes with other oils). Oils are usually flammable and surface active. Most oils are unsaturated ...

was also becoming important. The success of an offshore oil platform in the

Gulf of Mexico The Gulf of Mexico ( es, Golfo de México) is an ocean basin and a marginal sea of the Atlantic Ocean, largely surrounded by the North American continent. It is bounded on the northeast, north and northwest by the Gulf Coast of the United ...

in 1947 was soon repeated elsewhere in the world, and by 1970 it was technically feasible to operate in waters deep. Foreign nations have the freedom of navigation and overflight, subject to the regulation of the coastal states. Foreign states may also lay submarine pipes and cables. ; Continental shelf: The continental shelf is defined as the natural prolongation of the land territory to the

continental margin A continental margin is the outer edge of continental crust abutting oceanic crust under coastal waters. It is one of the three major zones of the ocean floor, the other two being deep-ocean basins and mid-ocean ridges. The continental margi ...

's outer edge, or from the coastal state's baseline, whichever is greater. A state's continental shelf may exceed until the natural prolongation ends. However, it may never exceed from the baseline; nor may it exceed beyond the

isobath Bathymetry (; ) is the study of underwater depth of ocean floors (''seabed topography''), lake floors, or river floors. In other words, bathymetry is the underwater equivalent to hypsometry or topography. The first recorded evidence of water de ...

(the line connecting the depth of 2 500 m). Coastal states have the right to harvest mineral and non-living material in the subsoil of its continental shelf, to the exclusion of others. Coastal states also have exclusive control over living resources "attached" to the continental shelf, but not to creatures living in the

water column A water column is a conceptual column of water from the surface of a sea, river or lake to the bottom sediment.Munson, B.H., Axler, R., Hagley C., Host G., Merrick G., Richards C. (2004).Glossary. ''Water on the Web''. University of Minnesota-D ...

beyond the exclusive economic zone. The area outside these areas is referred to as the "

high seas The terms international waters or transboundary waters apply where any of the following types of bodies of water (or their drainage basins) transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed region ...

" or simply "the Area". Aside from its provisions defining ocean boundaries, the convention establishes general obligations for safeguarding the marine environment and protecting freedom of scientific research on the high seas, and also creates an innovative legal regime for controlling mineral resource exploitation in deep seabed areas beyond national jurisdiction, through an

and the

common heritage of mankind Common heritage of humanity (also termed the common heritage of mankind, common heritage of humankind or common heritage principle) is a principle of international law that holds the defined territorial areas and elements of humanity's common heri ...

principle. Landlocked states are given a right of access to and from the sea, without taxation of traffic through transit states.

Part XI and the 1994 Agreement

Part XI of the Convention provides for a regime relating to minerals on the seabed outside any state's territorial waters or EEZ (Exclusive Economic Zones). It establishes an

(ISA) to authorize seabed exploration and mining and collect and distribute the seabed mining royalty. The United States objected to the provisions of Part XI of the Convention on several grounds, arguing that the treaty was unfavorable to American economic and security interests. Due to Part XI, the United States refused to ratify the UNCLOS, although it expressed agreement with the remaining provisions of the Convention. From 1982 to 1990, the United States accepted all but Part XI as customary international law, while attempting to establish an alternative regime for exploitation of the minerals of the deep seabed. An agreement was made with other seabed mining nations and licenses were granted to four international consortia. Concurrently, the Preparatory Commission was established to prepare for the eventual coming into force of the Convention-recognized claims by applicants, sponsored by signatories of the Convention. Overlaps between the two groups were resolved, but a decline in the demand for minerals from the seabed made the seabed regime significantly less relevant. In addition, the decline of Communism in the late 1980s removed much of the support for some of the more contentious Part XI provisions. In 1990, consultations began between signatories and non-signatories (including the United States) over the possibility of modifying the Convention to allow the industrialized countries to join the Convention. The resulting 1994 Agreement on Implementation was adopted as a binding international Convention. It mandated that key articles, including those on limitation of seabed production and mandatory technology transfer, would not be applied, that the United States, if it became a member, would be guaranteed a seat on the Council of the International Seabed Authority, and finally, that voting would be done in groups, with each group able to block decisions on substantive matters. The 1994 Agreement also established a Finance Committee that would originate the financial decisions of the Authority, to which the largest donors would automatically be members and in which decisions would be made by consensus. On 1 February 2011, the Seabed Disputes Chamber of the

International Tribunal for the Law of the Sea International is an adjective (also used as a noun) meaning "between nations". International may also refer to: Music Albums * ''International'' (Kevin Michael album), 2011 * ''International'' (New Order album), 2002 * ''International'' (The T ...

(ITLOS) issued an advisory opinion concerning the legal responsibilities and obligations of States Parties to the Convention with respect to the sponsorship of activities in the Area in accordance with Part XI of the Convention and the 1994 Agreement. The advisory opinion was issued in response to a formal request made by the International Seabed Authority following two prior applications the Authority's Legal and Technical Commission had received from the Republic of Nauru and the Kingdom of Tonga regarding proposed activities (a plan of work to explore for polymetallic nodules) to be undertaken in the Area by two State-sponsored contractors – Nauru Ocean Resources Inc. (sponsored by the Republic of Nauru) and Tonga Offshore Mining Ltd. (sponsored by the Kingdom of Tonga). The advisory opinion set forth the international legal responsibilities and obligations of Sponsoring States and the Authority to ensure that sponsored activities do not harm the marine environment, consistent with the applicable provisions of UNCLOS Part XI, Authority regulations, ITLOS case law, other international environmental treaties, and Principle 15 of the UN Rio Declaration.

Part XII – Protecting the marine environment

Part XII of UNCLOS contains special provisions for the protection of the marine environment, obligating all States to collaborate in this matter, as well as placing special obligations on flag States to ensure that ships under their flags adhere to international environmental regulations, often adopted by the IMO. The

MARPOL The International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978, or "MARPOL 73/78" is one of the most important international marine environmental conventions. MARPOL 73/78, MARPOL is an amalg ...

Convention is an example of such regulation. Part XII also bestows coastal and port states with broadened jurisdictional rights for enforcing international environmental regulation within their territory and on the

Biodiversity beyond national jurisdiction

In 2017, the

United Nations General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...

(UNGA) voted to convene an

intergovernmental conference {{Politics of the European Union In the politics of the European Union, an Intergovernmental Conference (IGC) is the formal procedure for negotiating amendments to the EU's founding treaties. Under the treaties, an IGC is called into being by the ...

(IGC) to consider establishing an international legally-binding instrument (ILBI) on the conservation and sustainable use of biodiversity beyond national jurisdiction (BBNJ). This is considered necessary because UNCLOS does not currently provide a framework for areas beyond national jurisdiction. There is a particular concern for marine biodiversity and the impact of overfishing on global fish stocks and ecosystem stability. The IGC convened a total of four sessions in 2018, 2019, and 2022 to negotiate the text for the BBNJ legal instrument. Progress was made in the four main elements: marine genetic resources (MGRs), benefit sharing using area-based management tools (ABMTs) including marine protected areas (MPAs), environmental impact assessments (EIAs) and capacity building and the transfer of marine technology (CB&TT). A fifth round of talks in August 2022 failed to produce an agreement, due in part to significant disagreements over how to share benefits derived from marine genetic resources and digital sequence information.

Parties

The convention was opened for signature on 10 December 1982 and entered into force on 16 November 1994 upon deposition of the 60th instrument of ratification. The convention has been ratified by 168 parties, which includes 164 UN member states, 1

UN Observer state The United Nations General Assembly has granted observer status to international organizations, entities, and non-member states, to enable them to participate in the work of the United Nations General Assembly, though with limitations. The Genera ...

( Palestine) and two associated countries (the

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and

Niue Niue (, ; niu, Niuē) is an island country in the South Pacific Ocean, northeast of New Zealand. Niue's land area is about and its population, predominantly Polynesian, was about 1,600 in 2016. Niue is located in a triangle between Tong ...

) plus the

Role

The significance of UNCLOS stems from the fact that it systemizes and codifies the standards and principles of international maritime law, which are based on centuries of maritime experience and are expressed to a great extent in the United Nations Charter and current international maritime law norms, such as the Geneva Conventions of 1958. A large portion of these requirements were further strengthened and expanded.capt. Enchev, V. (2012), Fundamentals of Maritime Law

References

External links

(pdf)

* ttp://www.itlos.org/ International Tribunal for the Law of the Sea
Permanent Court of Arbitration – Past and Pending Cases

Decisions of the World Court Relevant to the UNCLOS (2010)
an
Contents & Indexes

* ttps://www.un.org/Depts/los/clcs_new/clcs_home.htm UN Commission on the Limits of the Continental Shelf*
UNEP Shelf Programme, UN organisation set up to assist States in delineating their continental shelf beyond 200 nautical miles (370 km)

EEZ/CS Boundaries Canadian Database

Digital Map of the World's Exclusive Economic Zones

SOPAC Maritime Boundaries Database

procedural history note and audiovisual material on the ''1958 Geneva Conventions on the Law of the Sea'' in th

* ttp://legal.un.org/avl/ha/uncls/uncls.html Introductory note by Tullio Treves procedural history note and audiovisual material on the ''United Nations Convention on the Law of the Sea'' in th
Historic Archives of the United Nations Audiovisual Library of International Law
{{DEFAULTSORT:Law of the Sea Convention 1994 in the environment *

Convention on the Law of the Sea The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. , 167 ...

United Nations Convention on the Law of the Sea The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. , 167 c ...

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