Notes on United Nations Convention on the Law of the Sea (UNCLOS)
Introduction
The United Nations Convention on the Law of the Sea (UNCLOS) is a comprehensive
international agreement that defines the rights and responsibilities of nations in their use of the
world’s oceans. It governs maritime resources, navigation rights, and environmental protections.
UNCLOS is often referred to as the "constitution of the oceans."
Historical Background
First and Second Conferences on the Law of the Sea
Held in 1958 and 1960.
Focused on codifying existing international maritime laws.
Failed to resolve disputes regarding territorial sea breadth and exclusive economic zones
(EEZs).
Survey by Arvid Pardo
In 1967, Maltese diplomat Arvid Pardo addressed the UN General Assembly,
emphasizing the need for comprehensive ocean governance.
Proposed the concept of the seabed as the "common heritage of mankind."
Third United Nations Conference on the Law of the Sea
Held from 1973 to 1982.
Involved extensive negotiations, resulting in the creation of UNCLOS.
Convention on the Law of the Sea 1982
Adopted on December 10, 1982.
Established a legal framework for marine activities, including navigation, resource
management, and dispute resolution.
1. Territorial Sea
Definition
The belt of coastal waters extending up to 12 nautical miles from a country’s baseline.
Breadth of Territorial Sea
Maximum breadth is 12 nautical miles as per UNCLOS.
Rights of States Over Territorial Sea
Coastal states have full sovereignty over territorial sea, including airspace, seabed, and
subsoil.
Sovereignty is subject to the right of innocent passage for foreign vessels.
Rights of Coastal States
Control over navigation, fishing, resource exploitation, and environmental protection
within territorial sea.
Rights of Other States
Right to innocent passage: Transit without threatening peace, order, or security of the
coastal state.
Innocent Passage
Passage must be continuous and expeditious.
Activities like fishing, spying, or unauthorized research negate innocence.
Warships and Innocent Passage
Warships may traverse territorial seas under innocent passage but must notify the coastal
state.
Indian Position on Territorial Sea
India recognizes a 12-nautical mile territorial sea and regulates foreign vessel activities
within this zone.
2. Contiguous Zone
Definition
Waters extending up to 24 nautical miles from a country’s baseline, beyond the territorial
sea.
Indian Position on Contiguous Zone
India exercises control over customs, immigration, and security within its contiguous
zone.
3. Continental Shelf
Definition
The seabed and subsoil extending beyond the territorial sea, up to 200 nautical miles or
more where the natural prolongation of the landmass continues.
Rights of Coastal States Over Continental Shelf
Exclusive rights to explore and exploit resources like oil, gas, and minerals.
Rights of Other States in the Continental Shelf
Limited to navigation and laying submarine cables and pipelines, subject to coastal state
consent.
Indian Position on Continental Shelf
India claims a continental shelf extending up to 200 nautical miles and beyond, based on
geological factors.
4. Exclusive Economic Zone (EEZ)
Definition
A zone extending up to 200 nautical miles from a country’s baseline.
Breadth of the EEZ
Maximum of 200 nautical miles.
Rights of Coastal States Over EEZ
Sovereign rights to exploit natural resources, conduct marine research, and protect the
marine environment.
Rights of Other States in EEZ
Freedom of navigation and overflight, laying cables and pipelines, subject to the coastal
state’s regulations.
Indian Position on EEZ
India exercises exclusive rights over resources within its EEZ, particularly in fisheries
and offshore energy.
5. High Seas
Areas beyond national jurisdiction.
Open to all states for navigation, overflight, fishing, and research.
Governed by principles of freedom and cooperation.
6. Piracy
Defined as illegal acts of violence or detention committed on the high seas for private
ends.
States have a duty to cooperate in the suppression of piracy under UNCLOS.
Development After the Adoption of the Convention of 1982
A) Pioneer Investors
Recognized states and entities that engaged in seabed mining under provisional
agreements.
B) Provisional Understanding
Temporary frameworks to manage seabed activities until the establishment of permanent
regulations.
Impact of the Convention on the Law of the Sea 1982
A) Impact on National Policy and Legislation
Many states amended domestic laws to align with UNCLOS provisions.
Enhanced protection of maritime resources and sovereignty.
B) Impact on International Law
Established clear guidelines for resolving maritime disputes.
Strengthened the concept of the "common heritage of mankind."
C) Impact on the Work of International Organizations
Organizations like the International Maritime Organization (IMO) and International
Seabed Authority (ISA) play pivotal roles in implementing UNCLOS.
