United Nations Convention on the Law of the Sea (UNCLOS)
The United Nations Convention on the Law of the Sea (UNCLOS) is an international treaty that
defines the rights and responsibilities of nations regarding the use of the world's oceans. It was
adopted in 1982 and came into force in 1994. UNCLOS is sometimes referred to as the
“constitution of the oceans” because it provides a comprehensive legal framework for all
maritime activities. As of now, over 160 countries have ratified the convention, but notably, the
United States has not ratified it, although it recognizes many of its provisions as customary
international law.
UNCLOS defines different maritime zones such as the Territorial Sea (up to 12 nautical miles),
Contiguous Zone (12 to 24 nautical miles), Exclusive Economic Zone (EEZ) (up to 200 nautical
miles), and Continental Shelf (which can extend beyond 200 nautical miles under certain
geological conditions). Within their EEZ, coastal states have sovereign rights to explore and
exploit natural resources, both living and non-living.
South China Sea Dispute and UNCLOS Ambiguity
One of the most controversial issues involving UNCLOS is the South China Sea dispute, which
highlights the convention’s legal ambiguities. The South China Sea is a resource-rich and
strategically significant area, bordered by several countries including China, the Philippines,
Vietnam, Malaysia, Brunei, and Taiwan. China claims nearly the entire sea using the “Nine-Dash
Line,” a U-shaped demarcation line that appears on Chinese maps and is based on historical
claims rather than legal definitions set by UNCLOS.
However, UNCLOS does not recognize historical rights in the way China claims. Instead, it
defines maritime entitlements based on proximity and geographical features. In 2016, the
Permanent Court of Arbitration (PCA) at The Hague ruled in favor of the Philippines in a case it
had filed against China under UNCLOS. The tribunal held that China's claim based on the Nine-
Dash Line had no legal basis under UNCLOS. It also ruled that several maritime features
claimed by China—like Mischief Reef and Subi Reef—are low-tide elevations and therefore
cannot generate EEZs.
Despite the ruling, China rejected the verdict and continued to build artificial islands and military
installations in disputed areas. This undermined the enforcement mechanism of UNCLOS, as it
lacks a strong compliance or enforcement arm. This situation exposes a major ambiguity in
UNCLOS: although the legal language is clear about maritime entitlements, the treaty lacks the
power to resolve disputes when states refuse to comply with rulings. Also, UNCLOS does not
clearly define what constitutes "rock" versus "island" under Article 121, which matters because
islands can generate EEZs but rocks cannot.
Claims of Parties in the South China Sea
China claims almost the entire South China Sea based on historical maps and its Nine-
Dash Line. It maintains that it has “indisputable sovereignty” over the islands and
adjacent waters, and it refuses to acknowledge the 2016 arbitration ruling.
The Philippines claims parts of the sea based on its EEZ under UNCLOS, especially
areas like the Spratly Islands and Scarborough Shoal. It won the PCA case in 2016 but
has been limited in enforcing the ruling.
Vietnam also claims parts of the Paracel and Spratly Islands, citing historical usage and
occupation. It has clashed with China in the past, including the 1974 and 1988 naval
skirmishes.
Malaysia and Brunei claim portions of the southern South China Sea based on their EEZs
under UNCLOS.
Taiwan, which controls Itu Aba Island, also claims most of the sea similar to China, but
its claims are often sidelined due to its diplomatic isolation.
These overlapping claims are the source of rising militarization and geopolitical tension,
especially with the U.S. and other powers conducting “Freedom of Navigation Operations”
(FONOPs) in response to China’s assertiveness.
Panama Canal and International Law
The Panama Canal is not directly governed by UNCLOS but is significant in discussions of
international maritime law. The canal connects the Atlantic and Pacific Oceans through the
Isthmus of Panama and is a vital strategic waterway for global trade. It was opened in 1914 and
originally controlled by the United States under the 1903 Hay–Bunau-Varilla Treaty. However,
after decades of political struggle and nationalist movements in Panama, control was eventually
transferred to the Panama Canal Authority under the 1977 Torrijos–Carter Treaties, with full
handover completed on December 31, 1999.
The Panama Canal is governed by Panamanian law and remains neutral under an international
agreement that ensures all ships have equal access in both peace and war, except for acts of war
or emergencies. Although the canal is not under UNCLOS jurisdiction, its neutrality and
international access are in line with the spirit of maritime openness that UNCLOS promotes.
However, its control has raised concerns at times about whether any future political instability in
Panama or outside interference could restrict global shipping lanes.
With the 2016 expansion of the canal, known as the Panama Canal Expansion Project (or “Third
Set of Locks Project”), its capacity was doubled, allowing neo-Panamax vessels—up to 14,000
containers—to pass through. The expansion has increased the canal’s economic importance,
especially for trade between East Asia and the Americas. It also shifted global shipping routes
and affected the competition between the Panama Canal and the Suez Canal in Egypt.
