United Nations Convention

on the Law of the Sea

(UNCLOS)
UNCLOS definition
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the
Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from
the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place
between 1973 and 1982. The Law of the Sea Convention defines the rights and responsibilities
of nations with respect to their use of the world's oceans, establishing guidelines for businesses,
the environment, and the management of marine natural resources.

Historical Background
UNCLOS replaces the older 'freedom of the seas' concept, dating from the 17th century:
national rights were limited to a specified belt of water extending from a nation's coastlines,
usually 3 nautical miles (Three-mile limit), according to the 'cannon shot' rule. All waters beyond
national boundaries were considered international waters: free to all nations, but belonging to
none of them.

In the early 20th century, some nations expressed their desire to extend national claims: to
include mineral resources, to protect fish stocks, and to provide the means to enforce pollution
controls. Using the customary international law principle of a nation's right to protect its natural
resources, President Harry S. Truman in 1945 extended United States control to all the natural
resources of its continental shelf. Other nations were quick to follow suit.

UNCLOS I
In 1956, the United Nations held its first Conference on the Law of the Sea at Geneva,
Switzerland.

This resulted in four treaties concluded in 1958:

 Convention on the Territorial Sea and Contiguous Zone, entry into force: 10 September
1964
 Convention on the Continental Shelf, entry into force: 10 June 1964
 Convention on the High Seas, entry into force: 30 September 1962
 Convention on Fishing and Conservation of Living Resources of the High Seas, entry
into force: 20 March 1966

Although UNCLOS I was considered a success, it left open the important issue of breadth of
territorial waters.

UNCLOS II
In 1960, the United Nations held the second Conference on the Law of the Sea; however, the
six-week Geneva conference did not result in any new agreements.
PART I – INTRODUCTION

Use of terms and scope

Area Seabed and ocean floor and subsoil thereof, beyond the limits
of national jurisdiction
Authority International Seabed Authority
Activities in the area All activities of exploration for, and exploitation of, the
resources of the Area
Pollution of marine The introduction by man, directly or indirectly, of substances or
environment energy into the marine environment, including estuaries, which
results or is likely to result in such deleterious effects as harm
to living resources and marine life, hazards to human health,
hindrance to marine activities, including fishing and other
legitimate uses of the sea, impairment of quality for use of sea
water and reduction of amenities
States Parties States which have consented to be bound by this Convention
and for which this Convention is in force

PART II - TERRITORIAL SEA AND CONTIGUOUS ZONE

• The sovereignty extends to the air space over the territorial sea as well as to its bed and
subsoil.
• The sovereignty over the territorial sea is exercised subject to this Convention and to other
rules of international law.
• Every State has the right to establish the breadth of its territorial sea up to a limit not
exceeding 12nmi, measured from baselines.
INTERNAL WATERS AND TERRITORIAL SEA

ACTIVITY INTERNAL WATERS TERRITORIAL SEA

Navigation Convention N/A except where Applicable with regard to
establishment of baseline encloses innocent passage of merchant
new internal waters vessels and warships

Overflight, Fishing, Laying

submarine cable, Mining Convention N/A

Scientific Research Convention N/A Coastal state consent required

Imposition of Only by coastal state;
envoronmental legislation
Convention N/A Must not hamper innocent
passage;

Warships

BASELINE

The baseline is the boundary from which a nation may begin measurements to determine the
portion of the adjacent oceans or continental shelf over which it may exercise sovereignty.

Baseline is the low-water line along the coast.

• Normal baseline for • Low-tide elevations 12nm or • Low-tide without permanent

measuring the breadth of the less from the mainland installations beyond the
breadth of the territorial sea
territorial sea is the low-water • Installations on low-tide
have no territorial sea of their
line along the coast elevations permanently own
• For an island or atoll, the above sea-level even when
seaward low-water line beyond 12nm • Islands have their own
• Outermost permanent harbor territorial sea
• Mouth of rivers
works forming an integral • Off-shore
part of the harbor system are • Low-water marks of natural Installations/artificial islands
regarded as forming part of entrance point of bays do not have island status and
the coast do not have baselines
• Points along a deeply
indented coast line
RESTRICTIONS OF THE COASTAL STATE

CS may only adopt laws as given in Art. 21 CS may levy execution against or arrest ship
only in respect of obligations or liabilities
CS may not regulate the design, construction, assumed or incurred in the cours of its voyage
manning or equipment of foreign vessels but
through CS waters
may implement other pollution measures

CS is to make public all applicable laws and

any dangers to navigation Charges may not be levied by reason only of
passage
Regulations which hamper innocent passage
may not be adopted

CS may exercise jurisdiction in criminal cases Warships and other government non-
inly if:
commercial vessels are immune;
• Consequence extend to CS
• Disturbs the peace of CS or good order CS required to allow these vessels passage if
• Diplomatic agent or master of the ship they comply with CS laws
requests assistance of local authorites
• Necessary for the suppression of illicit traffic
in narcotics
RIGHT OF INNOCENT
Passage is innocent so long as it is not prejudicial to coastal state peace, good order, or
security.

1. Passage must be continuous & 9. CS mau suspend the right of innocent

expeditious. Exception: passage as long as such suspension
• Delayed passage incidental to ordinary • does not discriminate among foreign ships, in
navigation form or in fact
• Force majeure or distress • is temporary
• To render assistance to persons, ships or • specifies the areas where innocent passage
aircraft in danger or distress shall not be allowed
• is essential for its security
2. Nuclear ships and ships carrying dangerous • is duly published
materials must carry documents and take
precautions 10. Certain activities not having direct bearing
on passage are not regarded as innocent
3. CS may adopt regulations in the areas • Threat or use of force against CS
enumerated in Art 21 sovereignty, territorial integrity or political
independence
4. CS may establish sea lanes • Exercise or practice with weapons
• Any act aimed at collecting information to the
5. CS may prevent passage which is not
innocent and breach of conditions prejudice of CS defense or security
• Any act or propaganda affecting the same
6. Arrest and investigation can take place as • Launching, landing, or taking on board of any
specified in Art. 27 and 28 aircraft or military device
• Loading or unloading of any commodity,
7. Charges may be levied for specific services currency or person contrary to CFIS laws
rendered • Any act of wilful & serious pollution
• Any fishing activities
8. Submarines must navigate on surface and • Research or survey activities
show flag • Research or survey activities
• Any act aimed at interfering with
communications systems or any other CS
facilities or installations
• Any other activity not having a direct bearing
on passage
CONTIGUOUS ZONE
Zone adjacent to the terrestrial sea that may not extend beyond 24 nmi from the baselines

Activity Rights of Foreign Nationals in Contiguous Zone

Navigation • Full rights if compatible with Convention
• Restriction by Art. 33 (Power of CS to prevent
and punish infringement of customs, fiscal,
immigrationor sanitary laws)
• Boarding and search by CS only to prevent
and punish infringement os specific coastal
state laws
• Removal of historical object only with CS
approval
Over-flight Full rights
Fishing No rights after establishment to exclusive
economic zone
Scientific Research CS consent is required when exclusive
economic zone has been established
Laying of Cable Full rights; CS consent for routing required

Mining No rights (CS rights over continental shelf need

not be claimed)
Environment legislation Must observe CS sanitary laws and pollution
laws
PART IV - ARCHIPELAGIC STATES

Use of terms (Art. 46)

 Archipelagic State – a state constituted wholly by one or more archipelagos and may
include other islands.
 Archipelago – a group of islands interconnecting waters and other natural features so
closely interrelated that they form an intrinsic geographical, economic and political entity,
or which historically have been regarded as such.

Rights of Innocent Passage (Art. 52)

Ships of all States enjoy right of innocent passage through archipelagic waters.

As may suspend right as long as suspension:

 Does not discriminate among foreign ships, in form or in fact

 Is temporary
 Specifies the areas where innocent passage shall not be allowed
 Is essential for its security
 Is duly published

Archipelagic Sea Lanes

Archipelagic sea lanes passage: The exercise of the rights of navigation and overflight for
continuous and unobstructed transit between one part of the high seas or an exclusive
economic zone and another part there of (Art. 53)

1. Sea lanes shall be defines by a series of continuous axis lines from every entry point of
passage routes to exit point.
2. Archipelagic state may establish sea lanes which traverse the archipelagic waters and
the adjacent territorial sea.
3. Sea lanes include all normal passage routes and navigational channels within such
routes.
4. Vessels must not deviate more than 2.5 nautical miles to either side of the axis line
during passage, but they must not navigate closer to the coast than 10% of distance
between nearest points on islands bordering sea lanes.
5. Archipelagic state may prescribe traffic separation schemes for sea lanes to ensure safe
passage of vessels through narrow channels.
Archipelagic Waters: The Rights of Foreign Nationals in Archipelagic Waters

Navigation

1. Innocent passage, but may be suspended for security. (Art 52)

2. Right of “archipelagic sea lane passage.” (Art. 53)
3. Sea lanes and traffic separation schemes are to be respected. (Art. 53)
4. Sea lane passage may not be hampered or suspended. (Art. 54)

Overflight

1. Right of overflight, but must follow designated corridors. (Art. 53)

Fishing

1. Archipelagic state must recognize traditional fishing rights. (Art. 51)

Scientific Research

1. Archipelagic state consent is required. (Art. 54 & 40)

Laying of Cable

1. Foreign states have rights only on existing cables. (Art. 51)

Mining

1. No rights.

Environmental Legislation

1. Archipelagic state may adopt laws to give effect to international regulations. (Art. 54 &
42)
PART V - EXCLUSIVE ECONOMIC ZONE
Rights of the Coastal State

Activity Regulations Impact on Rights

Management Of the natural resources (56) Coastal state must act with
due regard for rights and
duties of other states (56 part
2)
Living Resources Fishing (56, 61-67) sedentary Participation of land-locked
species (77 part 3) and geographically
disadvantaged states and
others (62 part. 2-3)
Non-living Resources Production of energy from None
water current, wind, etc. (56);
Mining (56;76-85)
Artificial Islands (56 part. 2, 60) Due regard to shipping,
including safety zones (60
part. 3-5; 260-262)
Marine scientific research (56 part. 2;246-262) International cooperation
(242); Peaceful purposes
only (246);
Non-interference with
shipping (260-262) by
artificial islands
Low enforcement Fishing. Inspection, arrest, Release vessel upon security
proceedings (73) (73); No imprisonment in
fishing cases (73 part. 3)
Other uses of sea bed Sovereign rights in drilling Coastal state has to accept
(81); cables and pipelines (79)
Tunneling (85)
Conservation Natural resources (56) in Contribution and exchange of
particular, fish (61) data (61 part. 5)
Utilization Of living resources (62) Coastal state must regulate
fishing by other states (62
part. 4)
Environment protection (56; 192-237) Coastal state is responsible
and liable (232; 235; 304)
Conflict Resolution (59; 297-298) Limitation of applicability
(297);
Release of fishing vessels
(292)
Zone Delimit (74,75) Dispute procedure with
opposite/ adjacent states if
not otherwise settled (74.
Part 2 ;298)
FISHERIES
Conservation and Utilization

Conservation (61)

 Determination of allowable catch on the basis of;

o Best scientific evidence available
o Duty to maintain/restore stocks
o Avoidance of threat to species
o Cooperation with international organizations
 Available scientific information is to be contributed and exchanged
 For stocks not only in one economic zone, co-operative efforts required (63-67;116)
Utilization

 Coastal state is to
o Promote optimum utilization
o Determine capacity of its fish industries
o Allow, if surplus geographically disadvantage states to participate (62;69 70;72)
o Determine conditions for fishing by other states (62 part. 4)
o Release arrested vessels upon payment of security; imprisonment or corporal
punishment not permitted (73)
FISHERIES
Measures with Regard to Stock and Species

Type General Third States International

Organizations
Stocks and CS to cooperate with Involvement of sub-
Association Species states concerned regional/regional org.
(63)
Hi. Migratory Species Species in Annex 1 Cooperation directly 1. With existing
(64) with states organizations
concerned 2. Else,
establish
organizations
Marine Mammals Stricter measures States are to Work through
(65) than in Part V may be cooperate appropriate
taken organizations,
especially for
cetaceans
Anadromous stocks State where species 1. Fishing Involvement where
(66); Catadromous spends most of life primarily for appropriate; None for
Species (67) cycle responsible responsible catadromous species
state
2. Co-operate
with states
concerned
Sedentary Species Treated as natural None None
 seabed resources
PART VI - RIGHTS OF FOREIGN NATIONALS IN EEZ
Continental Shelf, and on the High Seas

Activity EEZ Continental Shelf High Seas

Navigation Free, if compatible Equal rights for all Equal rights for all
with Convention. (87) (87;90)
(FICC) (58;87-115)
Overflight FICC( e.g 222 Equal rights for all Equal rights for all
Pollution) (87) (87)
Fishing Agreement (62); Equal rights (87, 116- Equal rights for all
Geographical 120), except (87:116-120)
disadvantage states sedentary species
(69-70) (77)
Scientific research Consent necessary Water column: Equal Equal rights (87)
(246) rights (87); Sea-bed: Except, on “outer
Consent (246) shelf” (246), and
“Area” (requires
cooperation) (143)
Cables Free, consent for Free consent for Equal rights (87; 112-
routing required (56 routing required (79) 115)
part 3; 58; 79; 112-
115)
Mining No rights No rights Equal rights (141)
management by Sea-
Bed Authority (137)
Marine Environment Jurisdiction as Rights of coastal Equal responsibility
provided by states (192, 208) with (192); activities in
Convention (56; Part regard to sea bed Area (209;215), flag
XIII) activities state (211; 217), part
state jurisdiction
(218)
PART VII. HIGH SEAS

General Principles:

1. Justice and equal rights for all to be exercised in good faith and with no abuse of rights
and others
2. Freedom of all types of activities with due regard for the interests of other states
3. Reserved for peaceful purposes
4. State sovereignty over any part of the high seas is excluded

Article 87: Freedom of the high seas

Particular Freedom
Navigation Basics
1. Nationality of Ships (91)
2. Vessels in service of international orgs. (93)
3. Warships, etc. (95-96)

Jurisdiction
1. Exclusive jurisdiction; flag stage (92)

2. Administrative, technical, social, flag state

(94 –Duties of the flag state - par 1-5)

3. Collisions. Inquiry; cooperation with flag state; Penal jurisdiction:

disciplinary arrest, detention; flag state (97)

4. Pollution: flag state (192, 194, 211, 217,228)

PART XII - PROTECTION AND PRESERVATION OF THE
MARINE ENVIRONMENT

5. Pollution, port state (218, 232)

PART XII - PROTECTION AND PRESERVATION OF THE
MARINE ENVIRONMENT

6. International offenses; other states (99-110)

Other Items:

 Search and rescue service by coastal states (98)

 Render assistance (98)
 Hot pursuit (111)
 Civil pollution claims (229)

Overflight Pollution; state of registry (212, 222)

212 - Pollution from or through the atmosphere

222 – Enforcement with respect to pollution from or through the
atmosphere
 Particular Freedom (cont.)
Submarine 1. Subject to Part VI – Continental Shelf
cables and 2. General Right
pipelines Right to lay submarine cables and pipelines
a. All States are entitled to lay submarine cables and pipelines on
the
bed of the high seas beyond the continental shelf.
b. Article 79, paragraph 5, applies to such cables and pipelines.

3. Liability for damage (113 – 114), Indemnity for loss incurred

avoiding damage (115)
(113) Breaking or injury of a submarine cable or pipeline
Every State shall adopt the laws and regulations necessary to
provide that the breaking or injury by a ship flying its flag or by a
person subject to its jurisdiction of a submarine cable beneath
the high seas done wilfully or through culpable negligence, in
such a manner as to be liable to interrupt or obstruct telegraphic or
telephonic communications, and similarly the breaking or injury of
a submarine pipeline or high-voltage power cable, shall be a
punishable offence. This provision shall apply also to conduct
calculated or likely to result in such breaking or injury. However, it
shall not apply to any break or injury caused by persons who acted
merely with the legitimate object of saving their lives or their
ships, after having taken all necessary precautions to avoid
such break or injury.

(114) Breaking or injury by owners of a submarine cable or

pipeline of another submarine cable or pipeline
Every State shall adopt the laws and regulations necessary to
provide that, if persons subject to its jurisdiction who are the
owners of a submarine cable or pipeline beneath the high seas, in
laying or repairing that cable or pipeline, cause a break in or injury
to another cable or pipeline, they shall bear the cost of the repairs.

(115) Indemnity for loss incurred in avoiding injury

to a submarine cable or pipeline
Every State shall adopt the laws and regulations necessary to
ensure that
the owners of ships who can prove that they have sacrificed an
anchor, a net or any other fishing gear, in order to avoid
injuring a submarine cable or pipeline, shall be indemnified by
the owner of the cable or pipeline, provided that the owner of the
ship has taken all reasonable precautionary measures beforehand.
 Particular Freedom (cont.)

Construction of 1. In accordance with the international law

Artificial Islands 2. Subject to Part VI – Continental Shelf
3. Scientific research in general

Fishing (116) Right to fish on the high seas

All States have the right for their nationals to engage in fishing on the
high seas subject to:
(a) their treaty obligations;
(b) the rights and duties as well as the interests of coastal States
provided for, inter alia, in article 63, paragraph 2, and articles 64 to 67;
and
(c) the provisions of this section.

(117) Duty of States to adopt with respect to their nationals measures for
the conservation of the living resources of the high seas
All States have the duty to take, or to cooperate with other States
in taking, such measures for their respective nationals as may be
necessary for the conservation of the living resources of the high seas.

(118) Cooperation of States in the conservation and management of living

resources
States shall cooperate with each other in the conservation and
management of living resources in the areas of the high seas. States
whose nationals exploit identical living resources, or different living
resources in the same area, shall enter into negotiations with a view to
taking the measures necessary for the conservation of the living
resources concerned. They shall, as appropriate, cooperate to
establish subregional or regional fisheries organizations to this end.

(119) Conservation of the living resources of the high seas

(120) Marine mammals

Scientific 1. Subject to Part VI – Continental Shelf
research 2. Subject to Part XIII – Marine Scientific Research
3. Scientific research in the area
4. Development and transfer of marine technology (Part XIV)
 Flag State Obligations – Merchant Vessels

Justification General
Vessels are subject to exclusive jurisdiction of flag state on the high seas
(92); For pollution measures in general (194, 211, 217)

Particular
Flag state required to assume jurisdiction under its internal law with
respect to administrative, technical and social matters

Collision incidents on the high seas (97)

 In respect to penal jurisdiction; arrest/ detention flag state
 Penal and disciplinary matters exclusive jurisdiction on flag state
except: withdrawal of certificates issued by other states
 Inquiry (Administrative jurisdiction)
Administration Registration
 Fix conditions for grant of nationality (91)
 Maintain a register of ships (94 par. 2a)
 Inspect before registration (94 par. 4a)
 Issue flag documents (91 par. 2)

Other Measures
 Require master to help persons in danger or distress (98) abd
assist in collision cases
 Investigate allegations of improper control (94 par. 6)
Technical Required to ensure
Matters  Construction, equipment, seaworthiness, manning, training, use of
signals, communication, collision prevention (94 par. 3)
 Inspection at intervals, charts, nautical publications, navigational
equipment on board (94 par. 4)

Article 111: Right of Hot Pursuit

General Principles
1. By vessels or aircraft in government services
2. Clear visual or auditory signal to stop must be given.
3. Pursuit must not be interrupted
4. Right of hot pursuit ceases by reason of:
 Interruption
 Vessel reaching territorial sea of flag state or other state
5. It must begin in zone where vessel violated applicable CS law
 Internal waters / Territorial sea – at the latest in the territorial sea
 Violation of customs, fiscal, immigration and sanitary law (33) applicable for
continuous zone – at the latest in contiguous zone
PART VIII – REGIME OF ISLANDS

Article 121: Regime of islands

1.
An island is a naturally formed area of land, surrounded by water, which is above water at high
tide.
2.
Except as provided for in paragraph 3, the territorial sea, the contiguous zone, the
exclusive economic zone and the continental shelf of an island are determined in accordance
with the provisions of this Convention applicable to other land territory.
3.
Rocks which cannot sustain human habitation or economic life of their own shall have no
exclusive economic zone or continental shelf.

Description It may have a :

Island  Naturally formed area  Territorial sea
of land  Contiguous zone
 Surrounded by water  EEZ
 Above high-tide mark  Continental Shelf
 Human habitation and
economic life possible
Rock  Naturally formed area  Territorial sea
of land  Contiguous zone
 Surrounded by water
 Above high-tide mark
 Cannot maintain
human habitation or
economic life on its
own
Artificial island, installations  Do not possess the
and equipment status of islands or
rocks
PART X – RIGHT OF ACCESS OF LAND-LOCKED STATES TO AND FROM THE SEA AND
FREEDOM OF TRANSIT

Right of Access of Land-Locked States

 “Land-locked State" means a State which has no sea-coast;
 "Transit State" means a State, with or without a sea-coast, situated between a
land-locked State and the sea, through whose territory traffic in transit passes;
 "Traffic in transit" means transit of persons, baggage, goods and means of transport
across the territory of one or more transit States, when the passage across such
territory, with or without trans-shipment, warehousing, breaking bulk or change in the
mode of transport, is only a portion of a complete journey which begins or
terminates within the territory of the land-locked State;
 "Means of transport" means:
(i) railway rolling stock, sea, lake and river craft and road vehicles;
(ii) where local conditions so require, porters and pack animals

Freedom of Transit

Right of Transit States

 Can exercise full sovereignty over their territory (125 par. 3)
Right of access to and from the sea and freedom of transit:
3 Transit States, in the exercise of their full sovereignty over their territory, shall
have the right to take all measures necessary to ensure that the rights and facilities
provided for in this Part for land-locked States shall in no way infringe their legitimate
interests. Rights of land-locked states are not to infringe in any way on the legitimate
interests of the transit states
 The terms and modalities for exercising freedom of transit are to be agreed between the
states concerned through bilateral, subregional, and regional agreements (125 par.2)
Right of access to and from the sea and freedom of transit:
The terms and modalities for exercising freedom of transit shall be agreed between the
land-locked States and transit States concerned through bilateral, subregional or
regional agreements.
 Further regulations (124, 126 – 132)

Right of Land-Locked States

 Have the right of access to and from the sea for the purpose of exercising their rights
under the Convention (125 par.1)
Right of access to and from the sea and freedom of transit:
1. Land-locked States shall have the right of access to and from the sea for the
purpose of exercising the rights provided for in this Convention including those
relating to the freedom of the high seas and the common heritage of mankind.
To this end, land-locked States shall enjoy freedom of transit through the territory of
transit States by all means of transport.
 Enjoy freedom of transit
PART XI - THE AREA

GENERAL PRINCIPLES AND PROVISIONS

 Area means the sea-bed and ocean floor and subsoil thereof. Beyond the limits of national
jurisdictions.(1)
 It starts where the jurisdiction of CS over the continental shelf ends. (76)
 The area and its resources are common heritage of mankind. (136)
 All rights to its resources are vested in mankind as a whole. (137)
 The area is to be open for peaceful purposes. (141)
 The activities are to be carried out for the benefit of mankind. (140)
 Developing countries are to be supported (140; 143; 144; 148)
 Due regard is to be given to coastal state rights. (142)
 Historical finds can be preserved for the benefit of mankind (149)

SPECIFIC PROVISIONS

INTERNATIONAL ORGANIZATIONS AND STATE

 No state is to claim sovereignty over area and its resources (137)
 States are to use the area exclusively for peaceful purposes (141;143;147)
 Conduct of state is to be in accordance with convention and UN charter principles (138)
 States are to ensure compliance with convention(139)

SEABED AUTHORITY
 The authority is to:
-Act of mankind as a whole
-Provide for an equitable sharing of financial and other benefits
-Require transfer of technology and knowledge to developing states and assist them
-Implement regulations for installation, protection of human life and of marine
environment.
-carry out marine scientific research.
RESOURCES

ACTIVITY POLICY (150-151)

 In General:
 Healthy development of world economy
 Balances growth of international trade
 International cooperation

PRODUCTION POLICY

 Principle of policy:
 Growth, efficiency, stability of mineral market
 Prices remunerative for producer
 Prices fair for consumer

 External policy of authority:

 Act thru for a which include producers and consumers
 Participate of commodity conferences

EXPLORATION/EXPLOITATION (153)

 The authority is to:

 Organize, carry out and control activities.
 Issue rules, regulations and procedures to this effect (17)

 Activities are to be carried out in accordance with a formal written plan of work approved
by the council (162par.2) and a production authorization by the enterprise

1. INTERNATIONAL SEABED AUTHORITY

Status, Privileges, Immunities Financial Arrangement • Funds of the Authority (171) •

contributions of members funds received from activities in Area • funds transferred for
the enterprise • borrowed funds • voluntary contributions • payment to a compensation
fund for specific developing countries • Annual Budget (172); Expenses (173); Borrowing
power (174); Annual Audit (175) XI • The Authority has international legal personality
(176) • Privileges and Immunity (177-182) • for the Authority • for certain persons
connected with the Authority; Representatives of States, the Secretary-General, and the
staff of the Authority • Exemption from taxes and customs duties (183)
2. SEABED DISPUTES CHAMBER Obligatory Jurisdiction Non-Contractual Matters •
Disputes between States Parties concerning Part XI, including Annexes, 187(a), which
can be submitted instead to: • Special chamber of the Tribunal (188 par. 1(a)); or • Ad
hoc chamber (188 par 1(b)) • Disputes between a State Party and Authority (187(b))
concerning alleged violation by State Party or Authority. Limit: No jurisdiction with regard
to Authority's discretionary power (189) Contractual Matters • Disputes between States
Parties, the Authority or the Enterprise, state enterprise, and natural and judicial persons
in cases of omission, refusal, or liability affecting contractual relations (187(c)(ii), (d), (e))
but not in disputes related to: • Interpretation or application of the contract or plan of
work • Financial terms of contracts • Transfer of technology Such disputes shall be
referred to binding commercial arbitration. XI

3. SEABED DISPUTES CHAMBER Other tasks • On submission of a commercial arbitral

tribunal, decide any question of interpretation of Part XI and Annexes (188 par. 2(b)) •
Advisory opinions at the request of the Assembly on conformity of proposals before the
Assembly with the Convention (159 par. 10) • Decisions on suspension of membership
(185) • Advisory opinions at the request of the Assembly and Council on legal questions
(191) XI

4. MARINE ENVIRONMENT General obligation • States have the obligation to protect and
preserve the marine environment (192) and must incorporate international law to various
degrees. (See Legislation column in next slide) Particular obligations • States are
responsible and liable with regard to their international obligations (235) • States are to
cooperate on global and regional basis (197-201) • States are to monitor and report
(204-206) • States must not transfer hazard (195-196) • States must render assistance
to developing states (202) XII
 PART XII MARINE ENVIRONMENT

1. Source Legislation Enforcement Responsibility/liability Vessel States (194(3)); FS

(211(2)) (at least to the same effect); CS (211(4-6)) For details, including safeguards,
see next slides. Warship immunity (236) (232; 235-236) Atmosphere States (212) States
(222) (235) Ice-covered area CS (234) (non-discriminatory) Authority (215) (235-236)

2. VESSEL JURISDICTION Coastal State • is sovereign in the territorial sea (2) • has
jurisdiction in marine environment matters (56 par. 1(b)(iii); 192) • deals with
emergencies and safety of operation of vessels (194 par. 3(b)), but not for construction,
etc. (21 par. 2) Flag State • in general, has jurisdiction and control in administrative,
technical, and social matters (94 par. 1) • takes pollution measures for emergencies,
design, etc. (194 par. 3(b)) • must adopt pollution regulations which have at least the
same effect as that of international rules (211 par. 2) XII
3. VESSEL JURISDICTION XII Coastal State Flag State High Seas Port State
Enforcement (218) Exclusive Jurisdiction (92(1)) EEZ • May adopt laws, giving effect to
generally accepted international rules and standards (211(5)) • May adopt mandatory
measures for clearly defined areas (211(6); 234) Exclusive jurisdiction (58; 87- 94) if
compatible with other provisions of the Convention (228) Territorial sea • May in the
exercise of its sovereignty adopt laws which do not hamper innocent passage (211(4);
21(1)(f)) • Not with respect to design, construction, etc. (21(2)) Can physically enforce its
general jurisdiction through CS only (with respect to Innocent passage (27 par. 1(c))

4. XII Coastal State Flag State Archipel. waters • Sea lane passage (53-54; 42(1)(b)) Can
physically enforce its general jurisdiction through CS only (with respect to Innocent
passage (27 par. 1(c)) Straits • are to give effect to international pollution regulations
regarding discharge (42 par. 1(b)) • further pollution regulations by special agreements
(43 par. (b)) as Art. 207- 232 not applicable (233) Archipel. Sea Lanes • are to give effect
to international pollution regulations regarding discharge (42 par. 1(b); 54) Inland waters,
ports These waters are not subject to the Convention

5. ENFORCEMENT General Concept XII Coastal State Flag State General • Promptly
notify flag state of any measures taken and submit reports (231) • Minimum standards of
proceedings (223) • Enforcement by officials only (224) • Safety of navigation must not
be endangered (225) • May not discriminate foreign vessel (227) • Liability for unlawful
measures (232; 304) • Release of detained vessels on appropriate security (220(7),
226(l)(b)) • Ensure compliance of vessels with intl law (217) • Must be informed (in cases
of proceedings from matters in territorial sea) and given official reports (218-220; 231) •
Must exercise penal jurisdiction and institute investigations (217(4-8)) Info Vessels
navigating in TS or EEZ which have possibly committed violation in EEZ must provide
information (220(3)) Must ensure that vessels give required information (220(4))
6. Coastal State Flag State Physical inspection (Examination of certificates only. For more
extensive inspection, see 226(l)(a)) • Vessels navigating in TS (220(2)) • Vessels
navigating in TS or EEZ and substantial discharge in EEZ and refusal to give information
or case justifies inspection (220(5)) Investig. by “port state” Vessel voluntarily in port and
discharge on high seas (elsewhere, on request) (218(3)) Records on request (218(4))
Proceed-ings • For possible violation by vessels voluntarily in port • violation in TS and
EEZ of law in accordance with Conv. (220(1)) • discharge on high seas and evidence to
warrant proceedings (218(1)) or on request (218(2)) • Suspension (228) • If violation
beyond TS, proceedings to be suspended if FS institutes proceedings unless e.g. major
damage in EEZ (continued on next slide)

7. XII Coastal State Flag State Proceed-ings (cont.) • Vessel navigating in TS and
evidence to warrant proceedings (220(2)) • Vessel navigating in TS/EEZ and major
damage/threat of such in EEZ (220(6)) • Port state proceedings (218) to be suspended
on request of affected CS (218(4); subj. to 228) • Right of attendance (223) Detention •
Vessel navigating in TS and evidence so warrants • Navigating in TS or EEZ and major
damage/threat of such in EEZ (220(6)) • Violation affecting the seaworthiness of vessel
(219; 226(1)(c)) • Release of its vessels subj. to bonding/other security (226(1)(b-c);
220(7); 292) • Be promptly notified upon conditional or refusal (226(1)(c); 231) Penalties
Only monetary penalties can be imposed (230) except in cases of wilful and serious act
of pollution in TS (230(2)) Suspension in case of violation beyond TS (see: Proceedings)
(228) Maritime casualties Take measures (221)

8. PORT STATE ENFORCEMENT XII 1st Condition: Vessel must be voluntarily in port 2nd
Condition: There must be a violation of applicable int’l rules and standards established
through the competent int’l org. or diplomatic conference Location of Violation Location
of Damage or Threat of the Same Basis for Institution of Action Suspension Any place
Any place Request of flag state (228) High Seas – Rights of port state Internal waters,
TS or Affecting the internal Rights of port state EEZ of foreign state waters, TS or EEZ of
PS Internal waters, TS, or EEZ of any state In internal waters, TS, or EEZ of another
state Request of affected or threatened state (218(4); Internal waters, TS, Request of
state where 228) – or EEZ of a state violation occurred

9. COASTAL STATE ENFORCEMENT XII Location of Vessel Violated in Applicable Law

Type of charge or facts Measures Voluntarily in port (220(1)) TS/EEZ CS laws and
regulations in accordance with the Convention (21(2)(f); 211(4-7); 234) or applicable
international rules/standards Any violation Proceedings TS (220(2)) TS Clear grounds
for belief, but w/o prejudice to right of innocent passage AND where evidence so
warrants • Physical inspection (226(l)(a)) • Proceeding • Detention TS/EEZ (220(3)) EEZ
Int’l rules/standards (or national law conforming with or giving effect to) Clear grounds for
belief Give info as listed in 220(3)
10. XII Location of Vessel Violated in Applicable Law Type of charge or facts Measures
TS/EEZ (220(5)) EEZ Int’l rules and standards (As above) Clear grounds for belief and
substantial discharge causing or threatening significant pollution and vessel has refused
to give info or supplied obviously incorrect info Physical inspection (Further physical
inspection (226(l)(a)) TS/EEZ (220(6)) EEZ Clear objective evidence and discharge is
causing or threatening major damage to coastline or resources of TS/EEZ AND
evidence so warrants Proceedings Detention (Release: 220(7)) TS/EEZ (220(8)) EEZ
(clearly defined area) National law giving effect to generally accepted rules (211(5))
Applicable in cases of 220(3-6) accordingly Measures accordingly (220(3-6))
PART XV – SETTLEMENT OF DISPUTES

Fora fof disputes not related to judgments involving interpretation of the Convention:

1. Special Arbitration, Annex VII, Article 5, Fact Finding

2. Conciliation Procedure, Annex V, Section 1, pursuant to Part XI, Section 1, Settlement
of Disputes (General Provisions)
3. Binding Commercial Arbitration
 Interpretation of contracts and plan of work, Article 188 par. 2 (a)
 Financial terms. Annex III, Article 3, Par. 15
 Financial terms of technology transfer, Annex III, par. 5, par. 4

Choice between one or more fora in cases of Compulsory Proceedings:

States Parties are free to choose among fora for the settlement of disputes concerning the
interpretation of applicability of the Convention (for limited tribunal jurisdiction on matters (a)
sovereign rights of coastal states (b) military (c) boundaries (d) Security Council, see 297-298)

1. International Court of Justice

2. Arbitration (Annex VII)
3. International Tribunal for the Law of the Sea (Annex VI)
4. Special Arbitration (Annex VII) regarding Fisheries, Environment, Scientific
Research, Navigation

Compulsory Fora
 Sea-Bed Disputes Chamber
o Compulsory
o Jurisdiction
o Activities in the Area
 Ad Hoc Chamber of the Sea-Bed Dispute Chamber
o May be formed at the request of States Parties with respect to seabed activities
 Conciliation Procedures
o Compulsory
PART XVI – GENERAL PROVISIONS

1. Good faith and abuse of rights (300) – Every party to an agreement has to recognize
and to fulfil the obligations of the contract in good faith.
2. Peaceful uses of the sea (301) – It is the obligation of the states parties to refrain from
any threat or use of force against the territorial integrity or potential independence of any
state.
3. Disclosure of information (302) – No state party may be obliged, in the fulfillment of its
obligations under the Convention, to disclose any information which is contrary to the
essential interests of the state party.
4. Archeological and historical objects found at sea (303) – It is the duty of all states to
protect such objects and to co-operate for this purpose.
5. Responsibility and liability for damage at sea (304) – The provisions of the Convention
concerning responsibility and liability cannot be used to subvert or hinder the application
of existing rules or development of further rules regarding responsibility and liability
under international law.
PART XVII – FINAL PROVISIONS

Applicability of Convention Effect on States

Signature (305) In principle NONE but the high A state which has signed must
 Open until 12/9/1984 number of signatures (159) refrain from acts which are
has a significant effect on contrary to the Convention.
customary law.
Ratification (306) Until deposit of the 60th Ratification can have an
Accession (307) instrument , same as above immediate effect on national
 The UN Sec.-Gen. is law.
the Depository Convention enters into force
12 months after deposit of the
60th instrument (308) The Convention becomes
Reservations (309) Possible only when expressly international law and is
permitted by other articles of applicable law among all
the Convention states parties.
Declarations (310) Permitted as long as
applicability of Convention is
not affected
Other Conventions (311) Principles of Convention, Prevails over 1958
including “common heritage of Convention on Law of the Sea
mankind”, may not be
suspended
Denunciation (317) Possible at any time, goes State must fulfil obligations of
into effect at earliest 1 year the Convention to which it
after date of notification would be subject under
international law
Amendments (312 – 316) Entry into force 30 days after Amendments adopted open
Upon request of a State Party ratification by 2/3 of States for signature for 12 months
Parties or 60 whichever is
greater.
Entry into force 1 year after
ratification by ¾ of the States
Parties.
IMPORTANT AGREEMENTS REACHED AT UNCLOS III:

 Territorial Sea up to a limit not exceeding 12 nautical miles

 Contiguous zone up to 24 nautical miles from the shoreline for purposes of enforcement
of customs, fiscal, immigration, or sanitary laws.
 Exclusive Economic Zone (EEZ) up to 200 nautical miles from the shoreline for purposes
of exploring and exploiting, conserving and managing the natural resources, whether
living or non-living
 The resources of the seabed and ocean floor and subsoil thereofbeyond the limits of
national jurisdiction are the common heritage of mankind. (to all)
 An International Seabed Authority will organize, carry out, and control activities
associated with the exploitation of the resources of the international seabed.
 A parallel system will be established for exploring and exploiting the international
seabed, one involving private and state ventures and the other involving the Authority.
 A so-called Enterprise will carry out activities in the international seabed for the Authority
and will be responsible for transporting,processing, and marketing minerals recovered
from the international seabed.

COUNTRIES THAT HAVE NOT RATIFED UNCLOS III:

Cambodia Ecuador Israel Morocco Thailand And 21 landlocked

Congo Erithrea Latvia Niue East Timor states including
North Korea Estonia Liberia Peru Turkey Afghanistan,
Dominican Republic Iran Libya Syria Venezuela Ethiopia and Niger