Lecture Marine environmental studies Topic United nations convention on law of the sea

Topic United nations convention on law of the sea. In this chapter, the following content will be discussed: The “constitution” of the oceans, UNCLOS I, UNCLOS II, UNCLOS III, conventions on the law of the sea, division of waters of the globe, internal waters,...

UNITED NATIONS CONVENTION ON LAW OF THE SEA

THE “CONSTITUTION” OF THE OCEANS

• Concluded in 1982 and entered into force

in 1994

• The most significant modification of the

law of the sea in the past 500 years

• Regulates most contemporary marine

sector activities

• Most treaties are constrained by the Law

of the Sea Convention

• Source of conflict among States and at

the same time unites them

• 164 Ratifications as at 24 Sept 2012

Part II The territorial sea and contiguous zone

Part IV Archipelagic States

Part V Exclusive economic zone

Part VI The continental shelf

Part VII High seas

Part X Right of access of land-locked

states

Part XI The Area

UNCLOS I

 TERITORIAL SEA AND THE

CONTIGUOUS ZONE (10 SEP 1964).

 HIGH SEAS (30 SEP 1962).

 CONVENTION ON FISHING & LIVING

RESOURSES OF HIGH SEAS (20 MAR

1966).

 CONVENTION ON CONTINENTAL SHELF (10 JUN 1964).

UNCLOS II

 TERRITORIAL SEA.

 EXCLUSIVE FISHERY ZONE.

FISHERY ZONE

AS PER UNCLOS II

( MAR - APR 1960 )

UNCLOS III

 1ST SESSION 1973 NEW YORK

 2ND SESSION 1974 CARACAS

 3RD SESSION 1975 GENEVA

 4TH SESSION 1976 NEW YORK

 5TH SESSION 1976 NEW YORK

 6TH SESSION 1977 NEW YORK

 7TH SESSION 1978 GENEVA AND NEW YORK

 8TH SESSION 1979 GENEVA AND NEW YORK

 9TH SESSION 1980 NEW YORK AND GENEVA

 10TH SESSION 1981 NEW YORK AND GENEVA

 11TH SESSION 1982 NEW YORK

 FINAL SESSION 1982 MONTEGO BAY, JAMAICA

CONVENTIONS ON THE

LAW OF THE SEA

INTERNAL WATERS

THE INTERNAL WATERS OF THE STATE COMPRISE BOTH SALT AND FRESH WATERS WHICH LIE WITHIN THE BASE LINE OF TERRITORIAL WATERS THESE INCLUDE RIVERS AND FRESH WATER LAKES, THE WATERS WITHIN PORTS AND

CERTAIN OTHER LAND LOCKED WATERS.

TERRITORIAL SEA/WATER

EXTENDS TO 12 NM FROM NEAREST POINT OF THE APPROPRIATE BASE LINE HOST COUNTRY HAS ABSOLUTE SOVEREIGNITY WITH RESPECT TO WATERS, SEABED AND SUB SOIL UNDERLYING AND AIR SPACE ABOVE.

BASE LINE

IT IS THE LINE FROM WHICH THE DISTANCE OF EACH MARITIME ZONE IS TO BE RECKONED BASE LINE PORT MEASURING BREADTH

OF TERRITORIAL SEA IS LOW WATER LINE ALONG THE COAST AS MARKED ON LARGE SCALE CHART.

INTERNAL

WATER

BASE LINE

TERRITORIAL WATER

Upto 12 nm

STRAIGHT BASE LINE

BASE LINE

RIVER MOUTH

BASE LINE

RIVER MOUTHS

TERRITORIAL SEA

Piers as Baseline

HARBOU

R WORKS

ARCHIPELAGIC BASE LINE

CONTIGUOUS ZONE

EXTENDS TO 24 NM FROM

APPROPRIATE BASE LINE

GOVERNMENT CAN INSTITUTE

NECESSARY MEASURES WITH RESPECT TO:

TERRITORIAL SEA

CONTIGUOUS ZONE

24 nm

12 nm BASE LINE

CONTINENTAL SHELF

 IT COMPRISES THE SEABED AND SUBSOIL

OF THE SUBMARINE AREAS THAT EXTEND BEYOND THE LIMIT OF ITS TERRITORIAL WATERS THROUGHOUT THE NATURAL PROLONGATION OF ITS LAND TERRITORY

TO THE OUTER EDGE OF THE

CONTINENTAL MARGIN;

OR

 EXTENDS TO 350 NM FROM APPROPRIATE BASE LINE

RIGHTS OF THE COASTAL STATE OVER CONTINENTAL

SHELF

EXPLOITING ITS NATURAL RESOURCES THESE RIGHTS ARE EXCLUSIVE

DRILLING FOR ALL PURPOSES

• ARTIFICIAL ISLANDS, OFF SHORE TERMINALS,

INSTALLATION ETC

ENVIRONMENT

CONTINENTAL SHELF

TO 350 nm

E E Z

BASE LINE

EXCLUSIVE ECONOMIC

ZONE

EXTENDS TO 200 NM FROM THE BASE LINE IN EEZ AND SPACE ABOVE THE ZONE, SHIPS AND AIRCRAFTS OF ALL STATES ENJOY:

 FREEDOM FREEDOM OF OF NAVIGATION NAVIGATION /OVERFLIGHT.

 LAYING OF SUBMARINE CABLES AND PIPELINES.

 ANY OTHER INTERNATIONALLY LAWFUL USE.

EXCLUSIVE ECONOMIC ZONE

(E E Z)

200

nm

BASE LINE

RIGHTS OF STATE IN

EXCLUSIVE ECONOMIC

ZONE

 SOVEREIGN RIGHTS FOR EXPLORATION,

EXPLOITATION CONSERVATION AND

MANAGEMENT OF RESOURCES.

 EXCLUSIVE RIGHTS FOR CONSTRUCTION, MAINTENANCE OF ARTIFICIAL ISLAND, OFF SHORE TERMINALS, INSTALLATIONS ETC.

 EXCLUSIVE JURISDICTION TO AUTHORISE, REGULATE AND CONTROL SCIENTIFIC

REGULATE AND CONTROL SCIENTIFIC

RIGHTS AVAILABLE IN

HIGH SEAS

CABLES AND PIPELINES.

ARTIFICIAL ISLANDS AND OTHER INSTALLATIONS.

ANY THREAT OR USE OF FORCE AGAINST THE INDEPENDENCE OF

COASTAL OR ISLAND NATION

NO EXERCISE OR PRACTICE

OF WEAPONS IN INNOCENT PASSAGE

AIRCRAFT CANNOT BE LAUNCHED OR LANDED WHILE PASSING INNOCENT

PASSAGE

INTELLIGENCE COLLECTION ACTIVITIES PROHIBITED IN AN

INNOCENT PASSAGE

INNOCENT

PASSAGE

INNOCENT PASSAGE DOES NOT INCLUDE

RIGHT OF OVERFLIGHT

INNOCENT

PASSAGE

SUBMARINES ARE REQUIRED TO

NAVIGATE ON THE SURFACE WHILE PASSING THROUGH

FOREIGN TERRITORIAL SEA

HOT PURSUIT

IS A LEGITIMATE CHASE OF A FOREIGN VESSEL ON THE HIGH SEAS WHEN SHE OR A PERSON

ON BOARD, HAS VIOLATED THE LAWS OF A STATE WHILST IN ITS JURISDICTIONAL WATERS.

RIGHT OF HOT PURSUIT

TERRITORIAL SEAS TO HIGH SEAS

– PURSUIT MAY BE COMMENCED ONLY IF FOREIGN SHIP DOES

NOT ABIDE BY THE VISUAL OR AUDIO SIGNAL TO STOP

– PURSUED SHIP HAS NOT SUCCEEDED IN ENTERING ITS OWN

OR A THIRD STATES TERRITORIAL SEA

ANY PORT OF PURSUING STATE

OR OTHER GOVT SHIPS/AIRCRAFTS ESPECIALLY AUTHORISED

– IF IF PURSUIT PURSUIT COMMENCED/SHIP COMMENCED/SHIP STOPPED STOPPED WITHOUT WITHOUT

JUSTIFIABLE REASON IT HAS TO BE COMPENSATED

“SHIP BELONGING TO THE ARMED FORCES

OF A STATE BEARING THE EXTERNAL MARKS DISTINGUISHING SUCH SHIPS OF ITS NATIONALITY, UNDER THE COMMAND

OF AN OFFICER DULY COMMISSIONED BY THE GOVERNMENT OF THE STATE AND WHOSE NAME APPEARS IN THE

APPROPRIATE SERVICE LIST OR ITS EQUIVALENT AND MANNED BY A CREW WHICH IS UNDER REGULAR ARMED FORCES DISCIPLINE”.

WARSHIP

RIGHTS AND DUTIES

OF WARSHIPS

BROADCASTING

FLAG (ART 110)

PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT (ART 224)

SETTLEMENT OF DISPUTES

 INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA ESTABLISHED IN TERMS OF ANNEX VI

 INTERNATIONAL COURT OF JUSTICE.

 ARBITRAL TRIBUNAL CONSTITUTED

IN TERMS OF ANNEX VII.

 SPECIAL SPECIAL ARBITRAL ARBITRAL TRIBUNAL TRIBUNAL CONSTITUTED IN TERMS OF ANNEX VIII FOR CATEGORIES OF DISPUTES SPECIFIED THEREIN.