United Nations Convention on the Law of the Sea, History, Features

The United Nations Convention on the Law of the Sea (UNCLOS) is an international agreement that defines the legal framework for the use and management of the world’s oceans and marine resources. Adopted in 1982, it replaced the four Geneva Conventions of 1958, which had separately addressed issues such as territorial seas, the continental shelf, the high seas, fisheries, and the conservation of marine life. UNCLOS brought these aspects under a single, comprehensive treaty, establishing clear rules for maritime boundaries, navigation rights, resource exploitation, and environmental protection.

United Nations Convention on the Law of the Sea

UNCLOS, also known as the Law of the Sea Convention or the Law of the Sea Treaty, defines the rights and responsibilities of nations in their use of the world’s oceans. It provides a comprehensive framework to promote peace, stability, and legal order across global seas, setting out rules for navigation, resource management, and environmental protection.

A central idea of the Convention is that all issues concerning ocean space are closely interconnected and must be dealt with as a whole. To implement its provisions, UNCLOS established three international institutions:

• The International Tribunal for the Law of the Sea (ITLOS): Adjudicates disputes related to the interpretation and application of the Convention.
• The International Seabed Authority (ISA): Regulates mineral-related activities in the international seabed area beyond national jurisdiction.
• The Commission on the Limits of the Continental Shelf (CLCS): Examines and makes recommendations on claims by coastal states regarding the outer limits of their continental shelves.

UNCLOS History

• UNCLOS replaced the older 17th-century concept of “freedom of the seas,” where national rights were limited to a narrow belt of water, usually up to 3 nautical miles (5.6 km) from a country’s shores.
• Waters beyond this belt were considered international waters.
• By the mid-20th century, many countries began expanding their claims due to the need for mineral resources, fish stock protection, and pollution control.
• In 1945, U.S. President Harry S. Truman extended American control over all natural resources of its continental shelf.
• Soon after, between 1946 and 1950, Chile, Peru, and Ecuador extended their rights to 370 km to protect their Humboldt Current fishing grounds.
• Other countries extended their territorial seas up to 22 km.
• Disputes over these changing maritime claims came to global attention in 1967 at the United Nations.
• During the Third UN Conference on the Law of the Sea (UNCLOS III) in 1973, Maltese ambassador Arvid Pardo called for international authority over the seabed and ocean floor.
• Despite its name, the United Nations itself has no direct functional role in the implementation of UNCLOS.

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UNCLOS Features

• Under UNCLOS, countries are granted sovereign rights over a 200-nautical-mile zone along their coastlines.
• This area, known as the Exclusive Economic Zone (EEZ), allows nations to explore, exploit, and manage marine resources for economic purposes.
• The International Maritime Organization (IMO) plays an important role in supporting UNCLOS operations, particularly in regulating shipping and maritime safety.
• The International Seabed Authority is another key body responsible for overseeing mineral-related activities in international seabed areas.
• The International Whaling Commission also plays a significant role in the governance of marine resources under the broader framework of maritime law.

UNCLOS Significance

The United Nations has held three major conferences to shape the law of the sea. Each convention addressed different aspects of maritime boundaries, rights, and responsibilities, eventually leading to the comprehensive framework we know today as UNCLOS. The key highlights of these conventions are:

UNCLOS Terminology

UNCLOS defines maritime zones by setting clear boundaries measured from a legally established baseline. Each zone carries different rights and responsibilities for coastal states, balancing sovereignty with international navigation rights. Below is a structured overview of the key terminologies under the Convention:

UNCLOS Initiatives

The first United Nations Conference on the Law of the Sea (UNCLOS I) was held in 1956 at Geneva, Switzerland. This conference resulted in four key conventions:

• Convention on the Territorial Sea and Contiguous Zone
• Convention on Fishing and Conservation of Living Resources of the High Seas
• Convention on the Continental Shelf
• Convention on the High Seas

Institutions Established under UNCLOS

Several important institutions were created after the adoption of UNCLOS to regulate and implement its provisions:

• International Tribunal for the Law of the Sea (ITLOS)

• • • An independent judicial body established by UNCLOS to resolve disputes arising from the treaty.
    • Adopted on December 10, 1982, and came into force on November 16, 1994.

• International Seabed Authority (ISA)

• • • Established in 1994 to regulate the exploration and exploitation of marine non-living resources in international waters.
    • Oversees mining of resources like polymetallic nodules and other deep-sea minerals.

• Commission on the Limits of the Continental Shelf (CLCS)

• • Created under UNCLOS to help implement rules related to the establishment of the outer limits of the continental shelf beyond 200 nautical miles.

UNCLOS and India

• India has played a proactive role in the development and adoption of UNCLOS:
• It actively contributed to the negotiations leading to the 1982 Convention.
• India became a party to UNCLOS in 1995.

India’s Maritime Boundaries

India shares maritime borders with the following countries:

• Bangladesh
• Myanmar
• Thailand
• Indonesia
• Sri Lanka
• Maldives
• Pakistan

Resource Rights

• As a coastal state, India has exclusive rights to exploit resources on its continental shelf, including hydrocarbons, metallic and non-metallic minerals.
• India has invested significantly in exploring deep-sea resources such as polymetallic nodules, cobalt crusts, and hydrothermal sulfides.
• With increasing discoveries of hydrocarbons in deeper parts of the continental shelf, India stands to gain both strategically and economically.