The United Nations Convention on the Law of the Sea (UNCLOS)

The United Nations Convention on the Law of the Sea lays down a comprehensive regime
of law and order in the world's oceans and seas establishing rules governing all uses of the
oceans and their resources. It enshrines the notion that all problems of ocean space are closely
interrelated and need to be addressed as a whole.
The Convention was opened for signature on 10 December 1982 in Montego Bay, Jamaica.
This marked the culmination of more than 14 years of work involving participation by more
than 150 countries representing all regions of the world, all legal and political systems and the
spectrum of socio/economic development. At the time of its adoption, the Convention
embodied in one instrument traditional rules for the uses of the oceans and at the same time
introduced new legal concepts and regimes and addressed new concerns. The Convention also
provided the framework for further development of specific areas of the law of the sea.
The Convention entered into force in accordance with its article 308 on 16 November 1994,
12 months after the date of deposit of the sixtieth instrument of ratification or accession.
Today, it is the globally recognized regime dealing with all matters relating to the law of the
sea.
The Convention (full text) comprises 320 articles and nine annexes, governing all
aspects of ocean space, such as delimitation, environmental control, marine scientific
research, economic and commercial activities, transfer of technology and the settlement of
disputes relating to ocean matters.
Some of the key features of the Convention are the following:
* Coastal States exercise sovereignty over their territorial sea which they have the right to
establish its breadth up to a limit not to exceed 12 nautical miles; foreign vessels are allowed
"innocent passage" through those waters;
* Ships and aircraft of all countries are allowed "transit passage" through straits used for
international navigation; States bordering the straits can regulate navigational and other
aspects of passage;
* Archipelagic States, made up of a group or groups of closely related islands and
interconnecting waters, have sovereignty over a sea area enclosed by straight lines drawn
between the outermost points of the islands; the waters between the islands are declared
archipelagic waters where States may establish sea lanes and air routes in which all other
States enjoy the right of archipelagic passage through such designated sea lanes;
* Coastal States have sovereign rights in a 200-nautical mile exclusive economic zone (EEZ)
with respect to natural resources and certain economic activities, and exercise jurisdiction
over marine science research and environmental protection;
* All other States have freedom of navigation and overflight in the EEZ, as well as freedom to
lay submarine cables and pipelines;
* Land-locked and geographically disadvantaged States have the right to participate on an
equitable basis in exploitation of an appropriate part of the surplus of the living resources of
the EEZ's of coastal States of the same region or sub-region; highly migratory species of fish
and marine mammals are accorded special protection;
* Coastal States have sovereign rights over the continental shelf (the national area of the
seabed) for exploring and exploiting it; the shelf can extend at least 200 nautical miles from
the shore, and more under specified circumstances;

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* Coastal States share with the international community part of the revenue derived from
exploiting resources from any part of their shelf beyond 200 miles;
* The Commission on the Limits of the Continental Shelf shall make recommendations to
States on the shelf's outer boundaries when it extends beyond 200 miles;
* All States enjoy the traditional freedoms of navigation, overflight, scientific research and
fishing on the high seas; they are obliged to adopt, or cooperate with other States in adopting,
measures to manage and conserve living resources;
* The limits of the territorial sea, the exclusive economic zone and continental shelf of islands
are determined in accordance with rules applicable to land territory, but rocks which could not
sustain human habitation or economic life of their own would have no economic zone or
continental shelf;
* States bordering enclosed or semi-enclosed seas are expected to cooperate in managing
living resources, environmental and research policies and activities;
* Land-locked States have the right of access to and from the sea and enjoy freedom of transit
through the territory of transit States;
* States are bound to prevent and control marine pollution and are liable for damage caused
by violation of their international obligations to combat such pollution;
* All marine scientific research in the EEZ and on the continental shelf is subject to the
consent of the coastal State, but in most cases they are obliged to grant consent to other States
when the research is to be conducted for peaceful purposes and fulfils specified criteria;
* States are bound to promote the development and transfer of marine technology "on fair and
reasonable terms and conditions", with proper regard for all legitimate interests;
* States Parties are obliged to settle by peaceful means their disputes concerning the
interpretation or application of the Convention;
* Disputes can be submitted to the International Tribunal for the Law of the Sea established
under the Convention, to the International Court of Justice, or to arbitration. Conciliation is
also available and, in certain circumstances, submission to it would be compulsory. The
Tribunal has exclusive jurisdiction over deep seabed mining disputes.

The Division for Ocean Affairs and the Law of the Sea (DOALOS) of the Office of Legal
Affairs of the United Nations serves as the secretariat of the Convention on the Law of the
Sea and provides information, advice and assistance to States with a view to providing a
better understanding of the Convention and the related Agreements, their wider acceptance,
uniform and consistent application and effective implementation. The Division monitors all
developments relating to the Convention, the law of the sea and ocean affairs and reports
annually to the General Assembly of the United Nations on those developments. It also assists
the United Nations Open-ended Informal Consultative Process on Oceans and the Law of the
Sea in reviewing such developments.

Agreements related to UNCLOS

1. First Agreement relating to the implementation of Part XI of the United Nations
Convention on the Law of the Sea of 10 December 1982
To address certain difficulties with the seabed mining provisions contained in Part XI of the
Convention, which had been raised, primarily by the industrialized countries, the Secretary-

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General convened in July 1990 a series of informal consultations which culminated in the
adoption, on 28 July 1994, of the Agreement relating to the implementation of Part XI of the
United Nations Convention on the Law of the Sea of 10 December 1982. The Agreement
entered into force on 28 July 1996.
The Agreement consists of 10 articles dealing mainly with procedural aspects such as
signature, entry into force and provisional application. Its article 2 deals with the relationship
between the Agreement and Part XI of the Convention and it provides that the two shall be
interpreted and applied together as a single instrument. In the event of an inconsistency
between the Agreement and Part XI, however, the provisions of the Agreement shall prevail.

2. Second agreement: Conservation and Management of Straddling Fish Stocks and

Highly Migratory Fish Stocks
The United Nations Agreement for the Implementation of the Provisions of the United
Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation
and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNFSA)
IT is an international agreement that regulates key fisheries that, because of their
transboundary nature, require international cooperation for their conservation and
management. Its objective is to ensure the long-term conservation and sustainable use of
straddling fish stocks and highly migratory fish stocks through effective implementation of
the relevant provisions of the Convention. The Agreement sets out principles for the
conservation and management of those fish stocks and establishes that such management must
be based on the precautionary approach and the best available scientific information.

3. Third implementing agreement: The Agreement on the Conservation and

Sustainable Use of Marine Biological Diversity of Areas beyond National
Jurisdiction
The Agreement under the United Nations Convention on the Law of the Sea on the
Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National
Jurisdiction (BBNJ Agreement) was adopted on 19 June 2023 by the Intergovernmental
Conference on Marine Biodiversity of Areas Beyond National Jurisdiction convened under
the auspices of the United Nations. The BBNJ Agreement becomes the third implementing
agreement to the United Nations Convention on the Law of the Sea.
Under the overall objective of the conservation and sustainable use of marine biological
diversity of areas beyond national jurisdiction, for the present and in the long-term, through
effective implementation of the relevant provisions of the Convention and further
international cooperation and coordination, the Agreement addresses four main issues:
• Marine genetic resources, including the fair and equitable sharing of benefits;
• Measures such as area-based management tools, including marine protected areas;
• Environmental impact assessments; and
• Capacity-building and the transfer of marine technology.
The Agreement also addresses a number of “cross-cutting issues”, establishes a funding
mechanism and sets up institutional arrangements, including a Conference of the Parties and
various subsidiary bodies, a Clearing-House Mechanism and a secretariat.

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 The Agreement is open for signature by all States and regional economic integration
organizations from 20 September 2023 to 20 September 2025, and will enter into force 120
days after the date of deposit of the sixtieth instrument of ratification, approval, acceptance or
accession.

Bodies established by the convention

1. COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF
2. INTERNATIONAL SEABED AUTHORITY
3. INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA

More information can be found in:

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