UNCLOS

LECTURES Q&A APPROACH LEARNING

Summarize the key points in the UNCLOS on the following subjects.
• Its creation, organs, purpose, objectives
• Nationality of vessel
• Duties and jurisdiction of the flag state
• Boundaries of maritime jurisdiction between adjacent and opposite states
• The territorial sea
• The contiguous Zone
• Exclusive economic zone
• Piracy
• The right to hot pursuit
• The protection and preservation of the maritime environment
• The International Tribunal of the Law of the Sea
 General Understanding of UNCLOS

Provide an overview of the objectives and main principles of UNCLOS.

Overview of the Objectives and Main Principles of • The main principles of UNCLOS are based on the
UNCLOS: concept of the freedom of the seas, which includes the
• The United Nations Convention on the Law of the Sea freedom of navigation, overflight, and laying of
(UNCLOS), adopted in 1982, is a comprehensive legal submarine cables, and pipelines.
framework governing the rights and responsibilities of • UNCLOS establishes a balance between the interests of
states in the world's oceans. coastal and landlocked states, ensuring that both enjoy
• The main objectives of UNCLOS include promoting certain rights and privileges.
peaceful uses of the seas, ensuring the equitable and • It recognizes the sovereign rights of coastal states over
efficient utilization of marine resources, and their territorial seas and exclusive economic zones
establishing a regime for the conservation and (EEZ), while also emphasizing the common heritage of
management of living resources. mankind in areas beyond national jurisdiction, such as
• UNCLOS also seeks to provide a legal order for the seas the international seabed.
and oceans to facilitate international communication
and prevent conflicts among states.
 General Understanding of UNCLOS

Explain the historical context that led to the adoption of UNCLOS in 1982.
Historical Context Leading to the Adoption of UNCLOS in • The Third United Nations Conference on the Law of the
1982: Sea (UNCLOS III), which convened from 1973 to 1982,
• The historical context leading to the adoption of aimed to bridge gaps in the existing legal regime and
UNCLOS in 1982 is rooted in the need for a create a more inclusive framework.
comprehensive legal framework to replace the • UNCLOS III brought together representatives from a
outdated and fragmented conventions that governed wide range of states, both coastal and landlocked, to
the seas. negotiate and craft a comprehensive treaty that would
• The 1958 Convention on the Territorial Sea and accommodate the diverse interests of the international
Contiguous Zone and the 1960 Convention on the High community.
Seas were insufficient to address emerging challenges • The resulting UNCLOS was adopted on December 10,
in maritime affairs, such as the growing demand for 1982, marking a historic achievement in the
marine resources, navigation rights, and environmental development of international maritime law.
concerns.
 General Understanding of UNCLOS

Discuss the significance of UNCLOS in the development of international maritime law.

Significance of UNCLOS in the Development of • The main principles of UNCLOS are based on the
International Maritime Law: concept of the freedom of the seas, which includes the
• The United Nations Convention on the Law of the Sea freedom of navigation, overflight, and laying of
(UNCLOS), adopted in 1982, is a comprehensive legal submarine cables, and pipelines.
framework governing the rights and responsibilities of • UNCLOS establishes a balance between the interests of
states in the world's oceans. coastal and landlocked states, ensuring that both enjoy
• The main objectives of UNCLOS include promoting certain rights and privileges.
peaceful uses of the seas, ensuring the equitable and • It recognizes the sovereign rights of coastal states over
efficient utilization of marine resources, and their territorial seas and exclusive economic zones
establishing a regime for the conservation and (EEZ), while also emphasizing the common heritage of
management of living resources. mankind in areas beyond national jurisdiction, such as
• UNCLOS also seeks to provide a legal order for the seas the international seabed.
and oceans to facilitate international communication
and prevent conflicts among states.
 Concept of the Territorial Sea and Rights/Limitations under
UNCLOS
Define the concept of the territorial sea and elaborate on the rights and limitations associated with it
under UNCLOS.
• The territorial sea is a concept under UNCLOS that • While UNCLOS affirms the principle of innocent
refers to the belt of sea adjacent to the baseline of a passage, allowing foreign vessels to transit through the
coastal state. According to UNCLOS, a coastal state has territorial sea, it also permits the coastal state to enact
sovereignty over its territorial sea, which extends up to laws and regulations to prevent any threat to its peace,
12 nautical miles from the baseline. Within this zone, order, or security.
the coastal state exercises full sovereignty, including the • The coastal state has the authority to establish safety
right to regulate navigation, control fishing, and zones around its installations and to enforce customs,
undertake other activities necessary for the fiscal, immigration, and sanitary laws within its
preservation and protection of its legitimate interests. territorial sea. However, these rights are subject to the
overarching principle that navigation and overflight
. must be conducted without any threat to the peace,
good order, or security of the coastal state
Concept of the Exclusive Economic Zone (EEZ) and Implications for
Coastal and Neighboring States

Analyze the concept of the Exclusive Economic Zone (EEZ) and its implications for
coastal and neighboring states.
• UNCLOS introduced the concept of the Exclusive • The EEZ concept has significant implications for both
Economic Zone (EEZ) to address the growing demand coastal and neighboring states.
for marine resources beyond the territorial sea. • Coastal states benefit from the exclusive rights to
• The EEZ extends up to 200 nautical miles from the exploit and manage the resources in the zone,
baseline, granting coastal states sovereign rights over contributing to economic development. Neighboring
the exploration and exploitation of natural resources, states, on the other hand, are obligated to respect the
including fisheries, and the production of energy from rights of the coastal state in its EEZ while retaining their
the water, currents, and winds. right to freedom of navigation and overflight.
• Coastal states have the exclusive right to regulate and • UNCLOS emphasizes the importance of cooperation
manage these activities within their EEZ. between coastal and neighboring states to ensure the
rational utilization and conservation of resources in
shared or adjacent EEZs.
 Provisions of UNCLOS Regarding Delimitation of Territorial Sea and
EEZ

Examine the provisions of UNCLOS regarding the delimitation of the territorial sea and
the EEZ between adjacent or opposite states
• UNCLOS provides a framework for the delimitation of • In case of disputes, UNCLOS provides mechanisms for
the territorial sea and the EEZ between adjacent or settlement, including negotiation, conciliation, and, if
opposite states, emphasizing equitable solutions based necessary, adjudication through international tribunals
on relevant factors. such as the International Tribunal for the Law of the Sea
• Coastal states are encouraged to establish maritime (ITLOS).
boundaries through negotiations in good faith, taking • The convention emphasizes the use of equitable
into account factors such as the geography, length of principles to achieve a fair and just delimitation that
coastlines, and special circumstances. considers the interests of all parties involved.
 Rights and Duties of Coastal States

Describe the rights and duties of coastal states on the continental shelf, emphasizing
the delineation criteria and procedures outlined in UNCLOS.
Rights and Duties of Coastal States on the Continental Shelf under UNCLOS:

• Coastal states are granted specific rights and duties over the continental shelf, which is the seabed and subsoil of
the submarine areas extending beyond the territorial sea. Under UNCLOS, coastal states have sovereign rights for
exploring and exploiting the natural resources of the continental shelf. These rights include the extraction of oil and
gas resources, as well as other mineral resources found beneath the seabed.

• The delineation criteria for the continental shelf are outlined in UNCLOS, emphasizing geological and
geomorphological factors. Coastal states must submit information to the Commission on the Limits of the
Continental Shelf (CLCS) to support their claims, and the Commission reviews and makes recommendations based
on scientific and technical criteria. The delineation process aims to achieve an equitable and reasonable delimitation
of the continental shelf between neighboring or opposite coastal states.

• Coastal states also must prevent, reduce, and control pollution in the continental shelf area. They are obligated to
take measures to protect the marine environment, including adopting and enforcing regulations to prevent activities
that may cause harm to the ecosystem or human health.
 Rights and Duties of Coastal States:

Discuss the regime of Archipel UNCLOS, including the rights and responsibilities of
archipelagic watersagic states under.
Regime of Archipelagic States under UNCLOS:

• Archipelagic states, as defined by UNCLOS, are states constituted wholly by one or more archipelagos and may include
other islands. These states have a distinctive regime under UNCLOS, providing them with sovereignty over archipelagic
waters, which include both internal waters and the archipelagic sea lanes. The archipelagic waters are considered as
internal waters, subject to the full sovereignty of the archipelagic state.

• Archipelagic states have the right to establish baselines, connecting the outermost points of the archipelago, from
which the breadth of the territorial sea, contiguous zone, and exclusive economic zone are measured. Archipelagic sea
lanes and air routes, necessary for the continuous and expeditious passage of foreign ships and aircraft, must be
designated through the archipelagic waters.

• UNCLOS outlines the rights and responsibilities of archipelagic states in managing and regulating navigation through
archipelagic waters. It emphasizes the need for cooperation and the avoidance of interference with international
navigation.
 Rights and Duties of Coastal States

Evaluate the legal framework for the protection and preservation of the marine
environment in the exclusive economic zone.
c. Legal Framework for the Protection and Preservation of the Marine Environment in the Exclusive Economic Zone (EEZ):
• UNCLOS establishes a comprehensive legal framework for the protection and preservation of the marine environment
in the Exclusive Economic Zone (EEZ). Coastal states have the responsibility to prevent, reduce, and control pollution
in the EEZ, and they must take measures to protect and preserve the marine environment.

• Specifically, coastal states are required to adopt laws and regulations to prevent and control pollution from vessels,
installations, and activities within their jurisdiction. They must also cooperate with other states, directly or through
regional organizations, to develop and implement international rules and standards for the protection and
preservation of the marine environment.

• UNCLOS recognizes the interconnectedness of marine ecosystems and emphasizes the duty of states to assess the
potential effects of their activities on the marine environment. In case of transboundary harm, states are required to
notify and consult with affected states to prevent, control, and reduce the environmental impact.

• The legal framework in UNCLOS underscores the importance of sustainable development and the precautionary
approach to ensure the long-term health and viability of the marine environment in the EEZ
 International Seabed Authority (ISA) and Deep Seabed Mining
Explain the role and functions of the International Seabed Authority (ISA) as established
by UNCLOS.

The functions of the ISA, as outlined in UNCLOS, include:

• Issuing Exploration and Exploitation Contracts: The ISA is responsible for issuing contracts for the exploration and
exploitation of mineral resources in the international seabed area. These contracts are granted to entities, both public
and private, that meet the criteria and standards set by the ISA.
• Setting Rules and Regulations: The ISA establishes rules, regulations, and procedures to ensure the effective and
equitable management of mineral resources in the international seabed area. This includes environmental standards,
monitoring requirements, and guidelines for the prevention of adverse effects on the marine environment.
• Ensuring Equitable Access: The ISA aims to ensure equitable access to mineral resources for all states, irrespective of
their economic or technological capabilities. It emphasizes the principle of the common heritage of mankind,
promoting benefits for all states and the equitable sharing of financial and other economic benefits derived from
deep seabed mining.
• Environmental Protection: The ISA has a mandate to protect the marine environment from harmful effects arising
from deep seabed mining activities. It establishes environmental regulations and standards, and it requires
contractors to conduct environmental impact assessments (EIAs) before commencing mining operations.
• Technology Transfer and Capacity Building: The ISA promotes the transfer of marine technology to developing
countries and assists in building their capacity to engage in deep seabed mining activities. This aims to ensure the
participation of a diverse range of states in mineral resource exploitation.
 International Seabed Authority (ISA) and Deep Seabed Mining
Analyze the legal framework governing deep seabed mining activities under UNCLOS,
including the principles of equitable sharing of benefits.

• The legal framework for deep seabed mining under UNCLOS is primarily outlined in Part XI of the convention. Key
principles include:
• Common Heritage of Mankind: Deep seabed minerals are considered the common heritage of mankind. The ISA
manages these resources on behalf of all states, ensuring that benefits derived from their exploitation are shared
equitably among countries, with special consideration for the needs of developing states.
• Prevention of Harm to the Marine Environment: UNCLOS places a strong emphasis on preventing, reducing, and
controlling pollution and other adverse effects on the marine environment resulting from deep seabed mining
activities. Contractors are required to conduct EIAs, and the ISA sets environmental standards and regulations to
mitigate potential environmental impacts.
• Equitable Sharing of Benefits: The legal framework emphasizes the equitable sharing of financial and other
economic benefits derived from deep seabed mining. The ISA establishes mechanisms to ensure that developing
states, as well as landlocked and geographically disadvantaged states, benefit from these activities.
• Technology Transfer and Capacity Building: UNCLOS encourages the transfer of marine technology to developing
states and promotes capacity building to enable their effective participation in deep seabed mining. The ISA plays a
crucial role in facilitating technology transfer and providing assistance to build the capacity of developing countries.
 International Seabed Authority (ISA) and Deep Seabed Mining
Discuss the challenges and potential environmental concerns associated with deep
seabed mining, as addressed by UNCLOS.

Challenges and environmental concerns associated with deep seabed mining include:
• Biodiversity Loss: The extraction of minerals from the seabed can disrupt fragile and unique ecosystems, leading to
potential biodiversity loss. UNCLOS addresses this concern by requiring contractors to minimize environmental
impacts and conduct thorough EIAs.
• Sediment Plumes and Water Column Effects: The process of lifting minerals from the seabed can create sediment
plumes that may affect the water column and marine organisms. UNCLOS mandates the establishment of
regulations and standards by the ISA to prevent and control such adverse effects.
• Resource Depletion: Deep seabed mining has the potential to deplete non-renewable mineral resources in the
international seabed area. UNCLOS seeks to address this by managing resource extraction to ensure sustainability
and the common heritage principle.
• Lack of Regulatory Oversight: The absence of effective regulatory oversight can pose challenges in preventing
environmental harm. UNCLOS addresses this by entrusting the ISA with the authority to regulate and control
mineral-related activities in the international seabed area, ensuring compliance with established rules and
regulations.
• Equitable Benefit Sharing: Ensuring equitable benefit sharing among states, as mandated by UNCLOS, is an ongoing
challenge. The ISA is tasked with overseeing the distribution of financial and economic benefits derived from deep
seabed mining activities to ensure fairness and inclusivity.
 Dispute Settlement Mechanisms

Outline the various mechanisms for the settlement of disputes under UNCLOS,
including the International Tribunal for the Law of the Sea (ITLOS) and the International
Court of Justice (ICJ).
• UNCLOS provides several mechanisms for the settlement of disputes, aiming to resolve conflicts related to the interpretation and
application of the convention. The primary mechanisms include:
• Negotiation and Consultation: States parties are encouraged to resolve disputes through peaceful means, such as negotiation and
consultation. This is the first step outlined in UNCLOS for resolving disagreements.
• Submission to ITLOS or ICJ: If negotiation and consultation fail, states may choose to submit the dispute to either the International
Tribunal for the Law of the Sea (ITLOS) or the International Court of Justice (ICJ), depending on the nature of the dispute.
• Arbitration: UNCLOS provides for arbitration as a means of dispute resolution, allowing states to agree to arbitration either ad hoc
or through established procedures.
• Special Arbitration: Certain disputes, such as those involving the interpretation or application of provisions relating to the
protection and preservation of the marine environment, may be subject to special arbitration procedures.
• Commission on the Limits of the Continental Shelf (CLCS): Disputes related to the establishment of the outer limits of the
continental shelf may be submitted to the CLCS, which can make recommendations to the parties involved.
 Dispute Settlement Mechanisms
Compare and contrast the jurisdiction and procedures of ITLOS and ICJ in the context of
UNCLOS dispute resolution
International Tribunal for the Law of the Sea (ITLOS):
• Jurisdiction: ITLOS has jurisdiction over disputes arising from the interpretation and application of UNCLOS. It is the
specialized tribunal specifically created by UNCLOS for this purpose.
• Composition: ITLOS consists of 21 independent members elected by states parties to UNCLOS. Members serve nine-
year terms and may be re-elected.
• Procedures: ITLOS follows specific procedures outlined in its statutes and Rules, including provisional measures and
prompt release of vessels. It has both contentious and advisory jurisdiction.

International Court of Justice (ICJ):

• Jurisdiction: The ICJ has a broader jurisdiction and can hear cases not only related to UNCLOS but also other areas of
international law. States may choose the ICJ as an option for UNCLOS dispute resolution.
• Composition: The ICJ is composed of 15 judges elected by the UN General Assembly and the Security Council.
Judges serve nine-year terms and may be re-elected.
• Procedures: The ICJ follows its procedures outlined in the Statute of the International Court of Justice. It has both
contentious and advisory jurisdiction.
 Dispute Settlement Mechanisms

Provide examples of notable cases related to UNCLOS dispute settlement and their
impact on international maritime law
.
Comparison:
• Both ITLOS and ICJ have the authority to hear disputes related to UNCLOS, but ITLOS is the specialized tribunal
dedicated exclusively to the law of the sea.
• ITLOS proceedings are generally faster than those of the ICJ, providing a more specialized and expedited forum for
maritime disputes.
• While ITLOS has the power to prescribe provisional measures, the ICJ has broader general jurisdiction and can
address disputes that extend beyond the scope of UNCLOS
 Dispute Settlement Mechanisms
Provide examples of notable cases related to UNCLOS dispute settlement and their
impact on international maritime law

Examples of Notable UNCLOS Dispute Settlement Cases:

"The M/V Saiga (No. 2) Case" (Saint Vincent and the Grenadines v. Guinea): This case, heard by ITLOS, involved the
illegal fishing activities of the vessel M/V Saiga, leading to the prompt release of the vessel by ITLOS and setting a
precedent for the tribunal's role in the protection of marine resources.

"The Southern Bluefin Tuna Cases" (New Zealand v. Japan; Australia v. Japan): These cases involved disputes over
Japan's fishing of Southern Bluefin Tuna. ITLOS and ad hoc arbitral tribunals were utilized, highlighting the application
of UNCLOS in regulating fisheries and resolving conflicts.

"Case Concerning the Land Reclamation by Singapore in and around the Straits of Johor" (Malaysia v. Singapore): This
case, brought before ITLOS, addressed disputes between Malaysia and Singapore over land reclamation activities in the
Straits of Johor. It showcased ITLOS's role in settling disputes related to environmental and territorial issues.
 Emerging Issues and Future Developments
Identify and discuss contemporary challenges and issues in the implementation of
UNCLOS.

Contemporary Challenges and Issues in the Implementation of UNCLOS:

• Illegal, Unreported, and Unregulated (IUU) Fishing: IUU fishing remains a significant challenge, threatening marine
ecosystems and undermining the sustainable management of fisheries. UNCLOS provides a framework for
addressing IUU fishing, but enforcement and cooperation among states are ongoing challenges.
• Maritime Security and Piracy: The rise of maritime security threats, including piracy and armed robbery at sea,
poses challenges to the effective implementation of UNCLOS. Coastal and international cooperation is essential to
address these security concerns.
• Resource Exploitation and Deep Seabed Mining: The growing interest in deep seabed mining raises concerns about
environmental impacts and the equitable distribution of benefits. Ongoing developments in technology and
resource demand require constant adaptation of UNCLOS regulations to ensure responsible resource exploitation.
• Marine Pollution and Plastic Debris: Despite UNCLOS provisions on marine pollution, the increasing problem of
plastic debris and pollution in the oceans poses a persistent challenge. Strengthening regulations and enhancing
international cooperation are crucial to address this issue effectively.
 Emerging Issues and Future Developments
Examine potential areas for future development or amendment of UNCLOS in response
to evolving maritime realities.
Potential Areas for Future Development or Amendment of UNCLOS:
• Bioprospecting and Genetic Resources: UNCLOS could be amended or developed further to address the exploitation
of marine genetic resources, considering fair and equitable sharing of benefits derived from these resources, similar
to the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from
their Utilization.
• Cybersecurity in the Maritime Domain: With the increasing digitization of maritime activities, including navigation
systems and communication, there is a need to explore the incorporation of cybersecurity measures within UNCLOS
to protect against cyber threats in the maritime domain.
• Climate Change and Sea-Level Rise: UNCLOS may need further consideration to address the implications of climate
change and sea-level rise on maritime boundaries and coastal states. This could involve guidance on adaptive
strategies for affected states and updated criteria for determining baselines.
• Emerging Maritime Technologies: The evolution of maritime technologies, such as autonomous vessels and
underwater drones, may require new regulations or amendments to existing ones to ensure their safe and
responsible use within the framework of UNCLOS.
 Emerging Issues and Future Developments
Assess the role of UNCLOS in addressing concerns related to climate change and its
impact on the oceans.

Role of UNCLOS in Addressing Concerns Related to Climate Change:

UNCLOS plays a crucial role in addressing concerns related to climate change and its impact on the oceans through
several provisions:
• Baselines and Maritime Boundaries: UNCLOS provides a framework for establishing baselines and maritime
boundaries. As sea levels change due to climate change, UNCLOS provides mechanisms for adjusting baselines and
determining maritime boundaries to accommodate these changes.
• Exclusive Economic Zone (EEZ) and Climate Change Impact: Coastal states are entitled to sovereign rights over their
EEZ, including the management of living and non-living resources. UNCLOS allows states to adopt measures to
prevent, reduce, and control pollution and other environmental impacts within their EEZ, addressing concerns
related to climate change impacts on marine ecosystems.
• International Cooperation and Common Heritage: UNCLOS emphasizes international cooperation in addressing
climate change impacts on the oceans. The principle of the common heritage of mankind underscores the shared
responsibility of all states to protect and preserve the marine environment for the benefit of present and future
generations.
• Dispute Resolution: UNCLOS provides mechanisms for the settlement of disputes related to the interpretation and
application of its provisions, including those arising from climate change impacts. States can bring disputes to
tribunals such as the International Tribunal for the Law of the Sea (ITLOS) to seek resolution.
End