UNCLOS

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    UNCLOS stands for ‘United nations convention on laws of the sea’. This is an evolution of the ‘law             of sea’. This is an evolution of the ‘Law of sea’ convention i.e., the means for ensuring freedom of             navigation at sea. This leads to the need for establishing an internal law to determine the status of sea      areas and the governance or the inter relationship of countries using the world’s ocean.

Key features of UNCLOS

-        This was basically an attempt to codify the international law of the sea

-        It is a treaty document of 448 articles grouped under 17 heads and 8 annexes.

-        It was an outcome of the 1982 UNCLOS and came into force on 16^th Nov 1994

-        Sets the width of a territorial sea as 12nm with the contiguous zone as 24nm from the base line.

-        Also defines ‘innocent passage’ thro territorial seas and transit passage through international sea. Defines archipelagic states and allows for passage thro archipelagic water. Establishes EEZ an attending to 200Nm from the base line.

Defines the legal status of being on the ‘High seas’ and regulations for the control of marine pollu0tion.

Key areas covered under the convention

1.    Territorial Sea

2.    Contiguous Zone

3.    Exclusive economic Zone

4.    Continental Shelf

5.    High Seas

Territorial Sea:

            Extends to 12 nm from the baseline foreign flag vessels have a ‘Right of Innocent passage’ thro it.           The passage is considered ‘innocent’ as long as it is not prejudicial to peace, good order or security      of the coastal state.

            ‘Right of innocent passage’ can be suspended it is essential for the protection of coastal state it’s security or for weapons exercise.

            In internal waters the coastal state can exercise jurisdiction overall vessels. In territorial seas, it      should both exercise criminal jurisdiction except:-

1.    If the consequences of crime extend to the coastal state.

2.    If crime disturbs the peace of the country or good order of the sea

3.    If master of a vessel or an agent of the flag state, requests the coastal state to exercise jurisdiction

4.    If jurisdiction if necessary to suppress illicit traffic of narcotic drugs.

Contiguous Zone:

            Extends 12nm beyond the territorial sea limit coastal state must exercise controls necessary to       prevent infringement of its customs fiscal immigration or sanitary laws and regulations within its   territories.

           

            Vessels covering noxious dangerous substances or waste may be turned away on public health or                          environmental grounds

Exclusive Economic Zone:

            Extends to a maximum of 200 nautical miles from the baseline covering and managing the natural             resources whether living or non-living of the waters adjacent and of the sea bed and its subsoil.

            State has jurisdiction, with regard to installation marine scientific research and protection and             preservation of the marine environment. All other states enjoy the freedom of navigation, laying of submarine cables and pipelines.

            Continental Shelf: The outer limit of the continental shelf shall not exceed 350nm from the baseline       or shall not exceed 100nm coastal state has exclusive rights for exploring and exploiting its natural   resources. The state also has the exclusive rights to authorize and regulation drilling on the shelf for         all purposes.

            High Seas: Part of the sea that is not included in the exclusive economic zone in the territorial sea or in the internal waters of a state or in the archipelagic waters of an archipelagic state. High seas are          open to all states for freedom of navigation, freedom of over flight freedom to construct artificial    islands installation, freedom of fishing, freedom of scientific research. High seas shall be reserved   for peaceful purposes other high seas precautions are prevention of slave trade, piracy, seizure of         ships, illicit narcotics trafficking and unauthorized broad casting. For enforcement purposes,  There     are provisions for relevant rights of visit seizure, arrest and hot pursuits

Salient considerations leading to first United Nations Conference on the Law of the sea:

The ocean is vast, covering 140 million square miles, some 72 per cent of the earth’s surface. Climate and weather, even the quality of the air people breathe, depend in great measure on interplay between the ocean and the atmosphere in ways still not fully understood. Not only has the oceans always been a prime source of nourishment for the life it helped generate, but from earliest recorded history it has served for trade and commerce, adventure and discovery. It has kept people apart and brought them together. Even now, when the continents have been mapped and their interiors made accessible by road, river and air, most of the world’s people live no more than 200 miles from the sea and relate closely to it.

For centuries the doctrine that governed ocean spaces and resources was “freedom of the seas”. Coastal state claims were restricted within narrow limits. The first change in this regime came with the emergence of the doctrine of the continental shelf, spurred by the development of offshore oil and gas fields. The US in 1945, was the first to proclaim jurisdiction over the natural resources of its continental shelf “beneath the high seas” (beyond US territorial limits). Other nations were quick to follow suit. Many of them were seeking to extend their jurisdiction over fisheries.

The UN in 1958 convened the first conference on The Law of the Sea. The initial conference approved conventions on the continental shelf, fishing, the high seas, and territorial waters and contiguous zones, all of which were ratified by the mid-1960s. A further attempt made in 1960, at the second conference on the Law of the Sea, failed to define the territorial sea.

Oceans always have been a prime source of nourishment for life. Climate and weather changes depend on the interplay between oceans and the atmosphere. They also serve as a convenient medium for trade, commerce, exploration, adventure and discovery.

                  As the mysteries of the oceans gave way to their mastering, a lot of customers’ traditions and laws arose defining the rights of the ship and the marines what plied the waters of the ocean.

                  Attempts were made to regulate the use of ocean by conventions acceptable to all nations. The UN has made considerable progress in developing and …….... the laws of the sea. There UNCLOS (United Nations Convention on the Law of the Seas) have been convened

UNCLOS I at Geneva in 1958

UNCLOS II at Geneva in 1960

International conferences approved conventions which covered the continental shift, Fishing, High seas, Territorial waters and contiguous zones. During the 1970, it came to be accepted that the sea bed is a common heritage of mankind and should be administered by an international authority.

UNCLOS III was at GENEVA in 1974 which discussed issues on navigation, pollution and the breadth of territorial waters. It entered into force

On 16^th Nov 1994 UNCLOS provides a universal frame work for the management of marine resource and their conservation, govern all aspects of the oceans, such as environmental control, marine scientific research, economic and commercial activities, transfer of technology and settlement of disputes relating o ocean matters. UNCLOS is a treaty of 446 articles grouped under17 part heading and 9 annexes.

1) TERRITORIAL SEAS: Extends to 12 Nautical miles from the baseline foreign flag vessels have a ‘Right of Innocent Passage’ through it. The passage is considered ‘innocent’ as long as it is not prejudicial to peace, good order or security of the coastal state.

‘Right of innocent passage’ can be suspended if it is essential for the protection of the coastal state its security or for weapons exercise.

The internal waters the coastal state can exercise jurisdiction over all vessels. In territorial seas, it should not exercise criminal jurisdiction except.

a) If the consequences of crime extend to the coastal state

b) If crime disturbs the peace of the country or good order of the sea

c) It master of a vessel or an agent of the Flag State requests the coastal state to exercise jurisdiction

d) If jurisdiction is necessary to suppress traffic of narcotic drugs.

2) CONTIGUOUS ZONE: Extends 12 nautical miles beyond the territorial sea limit

Coastal status must exercise control necessary to prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territories. Vessel carrying noxious or dangerous substances or wastes may be turned away on public health or environmental grounds.

III.         EXLUSIVE ECONOMIC ZONE (EEZ)

-        It extends to a maximum of 200 nautical miles from the base line, covering and managing the natural resources whether living or non living of the waters adjacent and of the sea bed and its subsoil.

-        State has jurisdiction, with regard to installation marine scientific research and protection and preservation of the marine environment.

-        All other states enjoy the freedom of navigation, laying of submarine sables and pipelines

IV. CONTINENTAL SHELF:

      The outer limit of the continental shelf shall not exceed 350 nautical miles from the base line or shall not exceed 100 nautical miles. Coastal states have exclusive rights for exploring and exploiting its natural resources. The state also has the exclusive right o authorize and regulate drilling on the shelf or all purposes.

V.  HIGH SEAS: 

      Part of the sea that is not included in the exclusive economic zone in the territorial sea or in the internal waters of a state or in the Archipelagic waters of an archipelagic state.

      High seas are open to all states for freedom of navigation, freedom of over flight, freedom to lay submarine cables and pipelines, freedom to construct artificial islands and installations, freedom of fishing freedom of scientific research.

      High seas shall be reserved for peaceful purposes. Other high seas precautions are prevention of slave trade, privacy, seizure of ships, illicit narcotics, trafficking and unauthorized broad casting

      For enforcement purposes, there are provisions for relevant rights of visit, seizure, arrests and hot pursuits.