United Nations Convention on the Law of the Sea
The United Nations Convention on the Law of the Sea (UNCLOS), also referred to as the Law of the Sea Convention or the Law of the Sea Treaty, is a comprehensive international agreement that resulted from the third United Nations Conference on the Law of the Sea. Adopted on December 10, 1982, in Montego Bay, Jamaica, it serves as the framework for maritime law and governance of international waters, aiming to establish a legal order for the seas and oceans to facilitate international communication, promote the peaceful use of the seas, and ensure the equitable and efficient use of their resources.
Background
The concepts that form the basis of UNCLOS have evolved over centuries, stemming from customary practices and previous treaties. The Law of the Sea governs the rights and responsibilities of nations in their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources.
Key Provisions
Territorial Sea
Under the convention, a country's territorial sea extends up to 12 nautical miles from its baseline. Within this zone, the coastal state exercises sovereignty, akin to land territory, though foreign vessels are allowed innocent passage.
Exclusive Economic Zones
The convention grants coastal states sovereign rights for resource exploration and exploitation within an Exclusive Economic Zone (EEZ), extending 200 nautical miles from the baseline. This provision allows states to control marine resources like fish and oil while allowing freedom of navigation for other states.
Continental Shelf
UNCLOS defines the continental shelf of a coastal state as the seabed and subsoil extending beyond the territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles if the continental margin does not extend that far.
High Seas
The convention describes the high seas as all parts of the sea that are not included in a coastal state's EEZ, territorial sea, or internal waters. It declares the high seas open to all states, ensuring freedom of navigation, fishing, and scientific research.
Dispute Resolution
UNCLOS establishes mechanisms for the peaceful resolution of disputes, including the International Tribunal for the Law of the Sea, an independent judicial body to adjudicate disputes arising out of the interpretation and application of the Convention.
Impact and Significance
UNCLOS is pivotal in guaranteeing fair access to marine resources, protecting the marine environment, and promoting maritime safety. It also represents a significant achievement in international diplomacy, balancing diverse interests from developed and developing countries, landlocked states, and geographically disadvantaged nations.
Global Participation
As of the latest updates, 168 parties, including the European Union, have ratified UNCLOS, making it one of the most widely accepted international agreements. However, notable exceptions include the United States, which recognizes the convention's provisions as customary international law but has not ratified it.