Successfully reported this slideshow.

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

147

Share

Upcoming SlideShare
UNCLOS III
UNCLOS III
Loading in …3
×
1 of 85
1 of 85

More Related Content

Related Books

Free with a 14 day trial from Scribd

See all

Related Audiobooks

Free with a 14 day trial from Scribd

See all

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

  1. 1. The 1982 United Nations Convention on the Law of the Sea Justin Adriel Espaldon Ordoyo U.P. College of Law
  2. 2. Abbreviations UNCLOS United Nations Convention on the Law of the Sea CS / FS Coastal State / Flag State TS Territorial Sea EEZ Exclusive Economic Zone nmi Nautical mile (1 nmi = 1.852 km)
  3. 3. Contents HIS History SIG Signatories I Introduction II Territorial sea and contiguous zone III Straits used for international navigation IV Archipelagic states V Exclusive economic zone VI Continental shelf VII High seas VIII Regime of islands IX Enclosed or semi-enclosed seas X Right of access of land-locked states to and from the sea XI The area XII Protection and preservation of the marine environment XIII Marine scientific research XIV Development and transfer of marine technology XV Settlement of disputes XVI General provisions XVII Final provisions
  4. 4. HISTORY History 17th century • National rights were limited to a specified belt of water extending from a nation’s coastlines (usually 3 nmi according to the ‘cannon shot’ rule by Cornelius van Bynkershoek) • “Freedom of the seas” concept: All waters beyond national boundaries were considered international waters: free to all nations, but belonging to none of them (mare liberum principle by Grotius) 20th century • Some nations expressed their desire to extend national claims to include mineral resources, protect fish stocks and enforce pollution controls. • League of Nations called a 1930 conference but no agreements resulted. • In 1945, Pres. Truman extended US control to all natural resources of its continental shelf. Other nations followed suit. • 1946-1950. Chile, Peru and Ecuador extended their rights to 200 nmi • Other nations extended their territorial seas to 12 nmi (22 km)
  5. 5. HISTORY History After WWII, the international community requested that the UN ILC consider codifying the existing laws relating to the oceans. The commission prepared four draft conventions, which were adopted at the first UN Conference on the Law of the Sea. UNCLOS I Feb 24 - Apr 29, 1958 Adopted the 1958 Geneva Conventions: •Convention on the Territorial Sea and Contiguous Zone •Convention on the High Seas •Convention on Fishing and Conservation of the Living Resources of the High Seas •Convention on the Continental Shelf Although successful, it left open the vital issue of breadth of territorial sea. UNCLOS II Mar 17 – Apr 26, 1960 Did not result in any international agreements. Failed once again to fix a uniform breadth for the territorial sea or establish consensus on sovereign fishing rights. Developing nations participated only as allies, or dependents of the US or the Soviet Union, with no significant voice of their own. UNCLOS III 1973 - 1982 Took effect: Nov. 16, 1994 (1 year after ratification by the 60th state) Features: Definition of maritime zones Provisions for passage of ships, protection of marine environment, freedom of scientific research, and exploitation of resources
  6. 6. Signatories Signed: 10 December 1982 Entry into force: 14 November 1994 (After Guyana became the 60th nation to sign) States Parties: 166 (as of December 2013)
  7. 7. U.S. non-ratification of the UNCLOS Pro-ratification • Environment: UNCLOS sets a legally binding int’l standard which aims to protect marine env. • National security: In the absence of treaty law, the US relies on customary law that can change as states’ practices change • International diplomacy: UNCLOS offers a peaceful way to resolve disputes through the ITLOS • Helpful to allies: May help resolve South China Sea territorial dispute Anti-ratification • National sovereignty: The treaty creates the Int’l Seabed Authority (ISA) with its own dispute tribunal • Environment: UNCLOS would provide new avenues for non-US environmental orgs. to affect domestic US environ. Policies • Taxation: License fees and taxes levied by ISA would be “taxation w/o representation” • Lack of need: US already honors almost all provisions of the treaty
  8. 8. Introduction – Use of terms and scope Area seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction Authority International Seabed Authority (ISA) Activities in the Area all activities of exploration for, and exploitation of, the resources of the Area Pollution of the marine environment Introduction by man, directly or indirectly, of substances or 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, reduction of amenities States Parties States which have consented to be bound by this Convention and for which this Convention is in force I
  9. 9. Territorial Sea and Contiguous Zone II 1. CS sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil (2) 2. The sovereignty over the territorial sea is exercised subject to this Convention and to other rules of international law (2) 3. Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nmi, measured from baselines determined in accordance with this Convention (3)
  10. 10. INTERNAL WATERS and TERRITORIAL SEA Activity Internal Waters Territorial Sea Navigation Convention N/A except where establishment of baseline encloses new internal waters (8) Applicable with regard to innocent passage of merchant vessels (17-28) and warships (17-26; 29-32) Overflight, Fishing, Laying submarine cable, mining Convention N/A Scientific Research Convention N/A CS consent required (245) Imposition of environmental legislation Convention N/A Only by CS(21; 192); Must not hamper innocent passage (211; 220); Warships (236) II
  11. 11. BASELINE Step 3 • LTE without permanent installations (7; 13) beyond the breadth of the territorial sea have no territorial sea of their own • Islands have their own territorial sea (121) • Off-shore installations / artificial islands do not have island status and do not affect baselines (11; 60; 80; 147; 259) Step 2 • Low-tide elevations (LTE) 12 nm or less from the mainland (13) • Installations on LTE permanently above sea-level even when beyond 12 nm (7) •Mouths of rivers (9) • Low-water marks of natural entrance points of bays (10) • Points along a deeply indented coastline (7) Step 1 • Normal baseline is the low-water line along the coast (5) • For an island or atoll, the seaward low-water line (6) • Outermost permanent harbor works forming an integral part of the harbor system are regarded as forming part of the coast (11) II *The coastal state is to deposit charts or lists showing the baseline with the UN Sec.-Gen. (16)
  12. 12. II
  13. 13. Restrictions on the Sovereignty of the Coastal State (2) 1. CS may only adopt laws as given in Art. 21 2. CS may not regulate the design, construction, manning, or equipment of foreign vessels (21) but may implement other pollution measures (194) 3. CS is to make public all applicable laws (21) and any dangers to navigation (24) 4. Regulations which hamper innocent passage may not be adopted (24; 214) 5. CS is to abstain from discriminatory measures against any ship (24) 6. CS may exercise jurisdiction in criminal cases only if (27): • Consequences extend to CS • Disturbs the peace of CS or good order of TS • Diplomatic agent or master of the ship of FS requests assistance of local authorities • Necessary for the suppression of illicit traffic in narcotics II
  14. 14. 7. CS may levy execution against or arrest ship only in respect of obligations or liabilities assumed or incurred in the course of its voyage through CS waters (28) 8. Charges may not be levied by reason only of passage (26) 9. Warships and other govt. non commercial vessels are immune (32); CS required to allow these vessels passage if they comply with CS laws (30) II
  15. 15. Right of Innocent Passage (17) 1. Passage must be continuous & expeditious (18). Exception: • Delayed passage incidental to ordinary navigation • Force majeure or distress • To render assistance to persons, ships or aircraft in danger or distress 2. Nuclear ships and ships carrying dangerous materials must carry documents and take precautions (23) 3. CS may adopt regulations in the areas enumerated in Art. 21 (211; 260) 4. CS may establish sea lanes (22) 5. CS may prevent passage which is not innocent and breach of conditions (25) 6. Arrest and investigation can take place as specified in Art. 27 and 28 (e.g. 73; 220) 7. Charges may be levied for specific services rendered (26) 8. Submarines must navigate on surface and show flag (20) II Passage is innocent so long as it is not prejudicial to CS peace, good order or security.
  16. 16. 9. CS may suspend the right of innocent passage as long as such suspension (25): • 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 10. Certain activities not having direct bearing on passage are not regarded as innocent (19) • Threat or use of force against CS sovereignty, territorial integrity or political independence • Exercise or practice with weapons • Any act aimed at collecting information to the prejudice of CS defense or security • Any act of propaganda affecting the same • Launching, landing or taking on board of any aircraft or military device • Loading or unloading of any commodity, currency or person contrary to CFIS laws • Any act of willful & serious pollution • Any fishing activities • 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 II
  17. 17. CONTIGUOUS ZONE Activity Rights of Foreign Nationals in Contiguous Zone Navigation • Full rights if compatible with Convention (58; 87-115) • Restricted by Art. 33 (Power of CS to prevent and punish infringement of customs, fiscal, immigration or sanitary laws) • Boarding and search by CS only to prevent and punish infringement of specific coastal state laws • Removal of historical objects only with CS approval (303) Over-flight Full rights Fishing No rights after establishment of EEZ. Exception: 62 par. 2 Scientific Research CS consent is required when EEZ has been established (246) Laying of Cable Full rights (58, 79); CS consent for routing required (79) Mining No rights (CS rights over cont. shelf need not be claimed) (76) Environ. Legislation Must observe CS sanitary laws (33) and pollution laws (Part XII) II A zone adjacent to the TS that may not extend beyond 24 nmi from the baselines.
  18. 18. International Straits III
  19. 19. Restrictions on the Sovereignty and Jurisdiction of the State Bordering the Strait III 1. State may adopt laws and regulations only as enumerated in Art. 42 2. Laws may not discriminate nor undermine the right of transit passage (42) 3. Transit passage may not be hampered or suspended (44) 4. Co-operation with other states with regard to navigational aid and pollution prevention (43) 5. No restrictions on warships (38) 6. Provisions on prevention of pollution from vessels (Part XII) are not applicable unless major damage or threat of major damage (233) N.B.: Any activity not an exercise of the right of transit passage is subject to the regime of the territorial sea (38)
  20. 20. Restrictions on Transit Passage for Vessels III 1. Vessels must observe laws adopted, in accordance with Art. 42 2. Vessels must comply with duties enumerated in Art. 39 (e.g. refrain from threats or use of force) 3. Passage must be continuous and expeditious(38) and comply with international safety and pollution regulations (38; 42) 4. Vessels must refrain from research and surveys(40) 5. Vessels must observe sea lanes and traffic separation schemes (41) 6. Flag states are liable for vessels entitled to immunity (42; 236)
  21. 21. Archipelagic States IV
  22. 22. Archipelagic States Use of Terms (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 Right of Innocent Passage (52) 1. Ships of all States enjoy right of innocent passage through AW 2. AS may suspend right as long as suspension: 1. does not discriminate among foreign ships, in form or in fact 2. is temporary 3. specifies the areas where innocent passage shall not be allowed 4. is essential for its security 5. is duly published V
  23. 23. 1. Ships of all States enjoy the right of innocent passage through archipelagic waters 2. AS may suspend the right of innocent passage as long as such suspension: 1. does not discriminate among foreign ships, in form or in fact 2. is temporary 3. specifies the areas where innocent passage shall not be allowed 4. is essential for the protection of its security 5. is duly published IV Right of innocent passage (52)
  24. 24. Archipelagic Sea Lanes IV Archipelagic sea lanes passage: The exercise of the rights of navigation and overflight for continuous, expeditious and unobstructed transit between one part of the high seas or EEZ and another part thereof (53) 1. Sea lanes (SL) shall be defined by a series of continuous axis lines from every entry point of passage routes to exit point 2. AS may establish sea lanes which traverse the AW and the adjacent TS 3. SLs include all normal passage routes and navigational channels within such routes 4. Vessels must not deviate more than 25 nmi 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 SL 5. AS may prescribe traffic separation schemes for SLs to ensure safe passage of vessels through narrow channels
  25. 25. ARCHIPELAGIC WATERS IV Activity Rights of Foreign Nationals in Archipelagic Waters Navigation Innocent passage but may be suspended for security (52; 54); Right of “archipelagic sea lane passage” (53 par. 2); SLs and traffic sep. schemes are to be respected (53 par. 11); Sea lane passage may not be hampered/suspended (54; 44); Overflight Right of overflight but must follow designated corridors (53); Observe Rules of the Air; monitor assigned radio freq. (54; 39) Fishing By agreement; AS must recognize traditional fishing rights (51) Scientific Research AS consent is required (54; 40) Laying of Cable Foreign states have rights only on existing cables (51) Mining No rights Environ. Legislation AS may adopt laws to give effect to int’l regulations (54; 42)
  26. 26. Exclusive Economic Zone V
  27. 27. Exclusive Economic Zone (EEZ) Rights of the Coastal State IV Activity Regulations Impact on Rights Manage-ment Of the natural resources (56) Coastal state must act with due regard for rights and duties of other states (56 par. 2) Living Resources Fishing (56; 61-67) sedentary species (77 par. 3) Participation of land-locked and geographically disadvantaged states and others (62 par. 2-3) Non-living Resources Production of energy from water, current, wind, etc. (56); Mining (56; 76-85) None Artificial Islands (56 par. 2; 60) Due regard to shipping, including safety zones (60 par. 3-5; 260-262)
  28. 28. IV Activity Regulations Impact on Rights Marine scientific research (56 par. 2; 246-262) International cooperation (242); Peaceful purposes only (246); Non-interference with shipping (260-262) by artificial islands Law enforce-ment Fishing, inspection, arrest, proceedings (73) Release vessel upon security (73); No imprisonment in fishing cases (73 par. 3) Other uses of sea bed Sovereign rights in drilling (81); Tunneling (85) Coastal state has to accept cables and pipelines (79)
  29. 29. Exclusive Economic Zone (EEZ) Duties of the Coastal State IV Activity Regulations Impact on Duties Conserva-tion Natural resources (56), in particular, fish (61) Contribution and exchange of data (61 par. 5) Utilization Of living resources (62) Coastal state must regulate fishing by other states (62 par. 4) Environ. 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 par. 2; 298)
  30. 30. FISHERIES Conservation and Utilization Conservation (61) • Determination of allowable catch on the basis of: • Best scientific evidence available • Duty to maintain/restore stocks • Avoidance of threat to species • Cooperation with int’l orgs. • Available scientific info is to be contributed and exchanged • For stocks not only in one economic zone, co-operative efforts required (63-67; 116) Utilization (62) • Coastal State is to • promote optimum utilization • determine capacity of its fish industries • allow, if surplus, geographically disadvantaged states to participate (62; 69; 70; 72) • determine conditions for fishing by other states (62 par. 4) • Release arrested vessels upon payment of security; imprisonment or corporal punishment not permitted (73) V
  31. 31. FISHERIES Measures with Regard to Stocks and Species V Type General Third States International org. Stocks & Asso. CS to cooperate with Involvement of sub-regional/ Species (63) states concerned regional org. Hi. Migratory Species (64) Species in Annex I Cooperation directly w/ states concerned 1. With existing orgs. 2. Else, establish org. Marine Mammals (65) Stricter measures than in Part V may be taken States are to cooperate Work through approp. organizations, esp. for cetaceans Anadromous stocks (66); Catadromous species (67) State where species spends most of life cycle responsible 1. Fishing primarily for responsible state 2. Co-operate with states concerned Involvement where appropriate; None for catadromous species Sedentary spec. (68; 77) Treated as natural seabed resources None None
  32. 32. VI Continental Shelf
  33. 33. Rights of Foreign Nationals in the EEZ, Continental Shelf, and on the High Seas VI Activity EEZ Continental Shelf High Seas Navigation Free, if compatible with Convention (FICC) (58; 87-115) Equal rights for all (87) Equal rights for all (87; 90) Overflight FICC (e.g. 222, Pollution) Equal rights for all (87) Equal rights for all (87) Fishing Agreements (62); Geog. disadvan. states (69-70) Equal rights (87; 116- 120), except seden-tary species (77) Equal rights for all (87; 116-120) Scientific research Consent necessary (246) Water column: Equal rights (87); Sea-bed: Consent (246) Equal rights (87) Except, on “outer shelf” (246), and “Area” (requires co-operation) (143)
  34. 34. VI Activity EEZ Continental Shelf High Seas Cables Free, consent for routing required (56 par. 3; 58; 79; 112-115) Free, consent for routing required (79) Equal rights (87; 112- 115) Mining No rights No rights Equal rights (141) management by Sea- Bed Authority (137) Marine Environment Jurisdiction as provided by Convention (56; Part XII) Rights of coastal states (192, 208) with regard to sea-bed activities Equal responsibility (192); activities in Area (209; 215), flag state (211; 217), port state jurisdiction (218)
  35. 35. The High Seas VII
  36. 36. THE HIGH SEAS General Principles 1. Justice and equal rights for all (Preamble) to be exercised in good faith and with no abuse of rights of others (300) 2. Freedom of all types of activities (87 par. 1) with due regard for the interests of other states 3. Reserved for peaceful purposes (88) 4. State sovereignty over any part of the high seas is excluded (89) VII
  37. 37. THE HIGH SEAS Particular Freedoms Freedoms (87) Regulations governing the high seas Navigation Basics 1. Nationality of Vessels (91) 2. Vessels in service of international orgs. (93; Annex IX) 3. Warships, etc. (95-96) Jurisdiction 1. Exclusive jurisdiction; flag stage (92) 2. Administrative, technical, social; flag state (94 par. 1-5) 3. Collisions. Inquiry (94 par. 7); cooperation with flag state; Penal jurisdiction: disciplinary, arrest, detention; flag state (97) 4. Pollution; flag state (192; 194; 211; 217; 228) 5. Pollution, port state (218; 232) 6. International offenses; other states (99-110) VII
  38. 38. Freedoms (87) Regulations governing the high seas Navig. (cont.) 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) Submarine cables and pipelines 1. Subject to Part VI (Continental Shelf) (87) 2. General right (112) 3. Liability for damage (113-114); Indemnity for loss incurred avoiding damage (115) Construction of Artificial Islands 1. In accordance with international law (87) 2. Subject to Part VI (Continental Shelf) (87) 3. Scientific research in general (258-262); In the Area (143; 256) Fishing (116-120) Scientific research 1. Subject to Part VI (Continental Shelf) (87) 2. Subject to Part XIII (Marine Scientific Research) (87) 3. Scientific research in the Area (143) 4. Development and transfer of marine technology (Part XIV) VII
  39. 39. VESSELS Flag State Obligations – Merchant Vessels Issue Flag State Obligations – Merchant Vessels Jurisdiction 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 of flag state except: withdrawal of certificates issued by other states • Inquiry (Administrative jurisdiction) (94 par. 7) VII
  40. 40. Issue Flag State Obligations – Merchant Vessels Administration Registration • Fix conditions for grant of nationality (91) • Maintain a register of ships (94 par. 2(a)) • Inspect before registration (94 par. 4(a)) • Issue flag documents (91 par. 2) Other measures • Require master to help persons in danger or distress (98) and assist in collision cases • Investigate allegations of improper control (94 par. 6) Technical matters Required to ensure • 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(a)) VII
  41. 41. Special Jurisdiction on the High Seas Activity General “Right to Visit” (110) Slave Flag state shall take measures to Trade (99) prevent • Warship has right to board • Must be based on reasonable grounds • Ff. actions may be taken: 1. Verify right ship to fly flag 2. Document check 3. If suspicion remains, inspection of ship • Compensation for loss or damage if unjustified • Applicable for official aircraft and vessels (110 par. 4-5) Piracy (100-107) • Piracy: Illegal act of crew/passenger or support of such for private ends by/on commercial or official vessels against another vessel (101-103) • Seizure by official vessels (107) • Retention or loss of nationality (104) • Juris. of state seizing vessel (105) • Liability for unjustified seizure (106) • All states co-operate in repression of piracy (100) Vessel w/o Nationality (e.g. 92 par. 2) VII
  42. 42. Activity General “Right to Visit” (110) Unauthorized • Arrest of person and vessel broadcasting and seizure of broadcasting (109) apparatus; • Prosecution by state with jurisdiction for boarding Boarding only by state affected by undertaking (109 par. 3) Refusal to show flag (110) Boarding only by warship which in reality has same nationality as boarded ship Illicit traffic in narcotic drugs (108) • All states must co-operate in repression; • Flag state may request co-operation from other states in suspicious cases No boarding VII
  43. 43. HOT PURSUIT General Principles (111) 1. By vessels or aircraft in government service 2. Clear visual or auditory signal to stop must be given. (The ship giving the order need not be in the same zone as the foreign ship) 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 (also for EEZ & CS) VII
  44. 44. FISHERIES ON THE HIGH SEAS Co-operation Article 117 • As necessary for the conservation of living resources Article 118 • In conservation and mgmt. • Negotiations between states where nationals exploit identical or diff. living resources in the same area • Establish sub-regional or regional organizations Article 119 par. 2 • Exchange data with states concerned Articles 120; 65 • States together with international organizations Article 64; Annex I • Between flag state and coastal state with respect to highly migratory species VII
  45. 45. FISHERIES ON THE HIGH SEAS Conservation Article 119 – In establishing con-servation measures, states are to: • Use the best scientific evidence • Consider relevant factors in maintaining and restoring populations of stocks • Take due regard for developing countries • Take into account int’l standard • Avoid serious threat to species • Exchange data and info • Avoid discrimination of fishermen Articles 120; 65 • May restrict the exploitation of marine mammals more strictly than provided by Convention Article 63 par. 2 • States concerned are to seek, either directly or through orgs., to agree upon measures necessary for conservation of these stocks in the adjacent area (here: high seas) VII
  46. 46. Regime of Islands VIII
  47. 47. REGIME OF ISLANDS VIII Description It may have a… Island • Naturally formed area of land • Surrounded by water • Above high-tide mark • Human habitation and economic life is possible • Territorial Sea (3) • Contiguous Zone (33) • EEZ (56; 57) • Continental Shelf (76) Rock • Naturally formed area of land • Surrounded by water • Above high-tide mark • Cannot maintain human habitation or economic life on its own • Territorial Sea (3) • Contiguous Zone (33) Artificial island, installations and equipment • Do not possess the status of islands or rocks (11; 60 par. 8; 147 par. 2(e); 259)
  48. 48. Enclosed/Semi-Enc. Seas IX
  49. 49. Enclosed or Semi-enclosed Seas Definition (122) A gulf, basin, or sea • Surrounded by two or more states • Connected to another sea or ocean by a narrow outlet OR • Consisting of zones of jurisdiction of two or more coastal states Areas of Co-operation (123) • Management, conservation, exploration and exploitation of the living resources (61 par. 2; 63-67) • Protection and preservation of the marine environment (193; 197-201; 204-206) • Scientific research programs and joint scientific research (242-244; 246 par. 3) IX
  50. 50. Freedom of Transit X
  51. 51. Right of Access of Land-Locked States X 1. Land-locked State: a State with no sea-coast (124(a)) 2. Transit State: a State, with or without a sea-coast, situated between a land-locked State and the sea, through whose territory traffic in transit passes (124(b)) 3. Traffic in transit: 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 (124(c))
  52. 52. FREEDOM OF TRANSIT Right of 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) • 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) • Enjoy freedom of transit (supra) X • Can exercise full sovereignty over their territory (125 par. 3) • Rights of land-locked states are not to infringe in any way on the legitimate interests of the transit states (supra)
  53. 53. The Area XI
  54. 54. AREA General Principles and Provisions 1. Area means the sea-bed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction (1) 2. It starts where the jurisdiction of CS over the continental shelf ends (76) 3. The Area and its resources are common heritage of mankind (136) 4. All rights to its resources are vested in mankind as a whole (137) 5. The Area is to be open exclusively for peaceful purposes (141) 6. Activities are to be carried out for the benefit of mankind (140) 7. Developing countries are to be supported (140; 143; 144; 148) 8. Due regard is to be given to coastal state rights (142) 9. Historical finds can be preserved for the benefit of mankind (149) XI
  55. 55. AREA Specific Provisions Int’l Orgs and States Seabed Authority The Authority is to • act for 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 installations, protection of human life and of marine environment • carry out marine scientific research XI • 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 states is to be in accordance with Convention and UN Charter principles (138) • States are to ensure compliance with Convention (139)
  56. 56. RESOURCES Activity policy (150-151) Production policy (151) • Principles of policy • Growth, efficiency, stability of mineral market • Prices remunerative for producer • Prices fair for consumer • External policy of authority • Act through fora which include producers and consumers • Participate in commodity conferences XI • In General: • Healthy dev’t of world economy • Balances growth of int’l trade • International co-operation • In Particular: • Dev’t of resources and orderly, safe and rational management • Participation of all states in all opportunities • Support of developing countries • Dev’t of common heritage
  57. 57. RESOURCES Exploration/Exploitation (153) Periodic Review (154-155) • Periodic review every five years by Assembly to improve the manner of practice of the regime of the Area • Review Conference fifteen years after beginning of commercial production. The Conference is to develop the system and adopt amendments by means of consensus (314) XI • The Authority is to: • organize, carry out, and control activities • issue rules, regulations, and procedures to this effect (Art. 17, Annex III) • Activities are to be carried out in accordance with a formal written plan of work approved by the Council (162 par. 2(j)) and a production authorization (151 par. 2; 165 par. 2(n)) by the Enterprise (170; Annexes III & IV)
  58. 58. INTERNATIONAL SEABED AUTHORITY • SEAT: Jamaica (156 par. 4) • OTHER LOCATIONS: Yes, for regional centers and offices (156 par. 5) • MEMBERS: All States Parties and those bodies which are entitled to ratify or accede to the Convention (305-307) • FUNDAMENTAL PRINCIPLES (157) • The Authority is the organ through which states parties administer the resources of the Area • It has powers and functions expressed in the Convention and any incidental powers consistent with the Convention necessary for conduct of activities in the Area • It is based on the sovereign equality of all members • All members are to act in good faith XI
  59. 59. 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)
  60. 60. 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
  61. 61. 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
  62. 62. Marine Environment XI
  63. 63. 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
  64. 64. MARINE ENVIRONMENT Framework for pollution prevention XII Source Legislation Enforcement Responsibility/liability Land-based States (207) CS (213) States (235) Seabed activities CS (208(1)); States (208(2-3)) CS (214) Area Authority (209(1)); States (209(2)) Authority (215) Dumping States (210) CS (216(a)); FS (216(b)); Any state for loading of wastes or other matters occurring in territory (216(c))
  65. 65. XII 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)
  66. 66. 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
  67. 67. 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))
  68. 68. 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
  69. 69. 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))
  70. 70. XII 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)
  71. 71. 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)
  72. 72. 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
  73. 73. 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)
  74. 74. 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))
  75. 75. Marine Scientific Research XIII
  76. 76. MARINE SCIENTIFIC RESEARCH General Provisions • All states and competent int’l orgs may conduct research (238) • Research may be conducted for peaceful purposes only (240(a)) • Flow of knowledge must be promoted (244(2)) • Installations or equipment in the marine environment (258-262) • Responsibility, liability (263; 304) Specific Provisions • High Seas – open to all (238; 87) • Area and water column beyond EEZ – open to all (256; 143; 87) • EEZ and continental shelf (246- 255) – CS has right to regulate, authorize and conduct research, limited by 246(6-7) and 257 • Territorial sea: CS has exclusive right to regulate, authorize and conduct research (245) XIII
  77. 77. MARINE SCIENTIFIC RESEARCH • Right to regulate, authorize, and conduct research (246(1)) • Obligated to adopt reasonable rules to facilitate research (255) • Do not have to accept compulsory dispute settlement in matters of Art. 246 and 253 (297 par. 2) • Suspension of specific project conciliation (297 par. 2(b); 265) • Resp. for installation (60; 80; 258-262) • Provide information (248) • Comply with conditions (249) • Implied consent of CS if no objections within 4 months (252) • Suspension (253) • CS is to make arrangement for participation by neighboring land-locked or geographically disadvantaged state upon request (254 par. 3) XIII Rights/Duties of CS Application and Conditions
  78. 78. TECHNOLOGY TRANSFER Development of •Acquisition & dissemination of info & data •Appropriate technology • Infrastructure to facilitate tech. transfer •Human resources • International cooperation Measures (269) • Programs •Agreements •Conferences and Seminars • Exchange of Experts • Joint Ventures Promoted by •National (275) and Regional (268-269; 277) Centers • International cooperation (270-273) and Seabed Auth. (274) XIV
  79. 79. DISPUTE SETTLEMENT Fora for Disputes not related to judgments involving interpretation of the Convention 1. Special Arbitration, Annex VIII, Art. 5, Fact-Finding 2. Conciliation Procedure, Annex V, Sec. 1 pursuant to Part XI, Sec. 1, Settlement of Disputes (General Provisions) 3. Binding Commercial Arbitration • Interpretation of contracts and plan of work. Art. 188 par. 2(a) • Financial terms. Annex III, Art. 13, Para. 15 • Financial terms of technology transfer. Annex III Art. 5, Para. 4 XV
  80. 80. DISPUTE SETTLEMENT Choice between one or more fora in cases of Compulsory Proceedings States Parties are free to choose among the fora for the settlement of disputes concerning the interpretation or 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 XV
  81. 81. DISPUTE SETTLEMENT Compulsory Fora • Sea-Bed Disputes Chamber (Annex VI, Art. 3) • Compulsory (287 par. 2); Jurisdiction (288 par. 3); Activities in the Area (187) • Ad Hoc Chamber of the Sea-Bed Disputes Chamber (Annex VI, Art. 36) • May be formed at the request of States Parties (188) with respect to seabed activities (187) • Conciliation Procedures (Annex V, Sec. 2, Art. 11-14) • Compulsory (Annex V, Section 2); On matters stated in Part XV, Sec. 3 • 297 par. 2 (Certain matters of marine scientific research) • 297 par. 3 (Certain matters of fisheries) XV
  82. 82. GENERAL PROVISIONS XVI 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.
  83. 83. FINAL PROVISIONS XVII Applicability of Convention Effect on States Signature (305) • Open until 12/9/1984 In principle NONE but the high number of signatures (159) has a significant effect on customary law A state which has signed must refrain from acts which are contrary to the Convention (VCLT, Art. 8) Ratification (306) Accession (307) • The UN Sec.- Gen. is the Depository Until deposit of the 60th instrument, same as above Ratification can have an immediate effect on nat’l law Convention enters into force 12 months after deposit of the 60th instrument (308) The Convention becomes international law and is applicable law among all states parties Reservations (309) Possible only when expressly permitted by other articles of the Convention Declarations (310) Permitted as long as applica-bility of Conv. is not affected
  84. 84. XVII Applicability of Convention Effect on States Other Conventions (311) Principles of Convention, including “common heritage of mankind”, may not be suspended Prevails over 1958 Conventions on Law of the Sea Denunciation (317) Possible at any time, goes into effect at earliest 1 year after date of notification State must fulfil obligations of the Conv. to which it would be subject under int’l law (317) Amendments (312-316) • Upon request of a State Party • Entry into force 30 days after ratif. by 2/3 of States Parties or 60, whichever is greater (non- Area-related: 316 par. 1) • Entry into force 1 year after ratif. by 3/4 of States Parties (Area-related: 316 par. 5) Amendments adopted open for signature for 12 months (315) Effect, see above Authentic texts (320) The Arabic, Chinese, English, French, Russian, and Spanish texts are equally authentic
  85. 85. • United Nations Convention on the Law of the Sea, Dec. 10, 1982, 1833 U.N.T.S. 397 • Bernaerts, Arnd. Bernaerts’ Guide to the 1982 United Nations Convention on the Law of the Sea (1988) Bibliography Bibliography

Editor's Notes

  • Modern sea law has its basis in the concept of “freedom of the seas”
  • Although the US helped shape the Convention and its subsequent revisions, and though it signed the 1994 Agreement on Implementation, it has not signed it.
  • It was agreed that the sovereignty of a coastal State extends beyond its land territory and internal waters to an adjacent belt of sea, described as the territorial sea. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil. Every nation has the right to establish the breadth of its territorial sea up to, but not exceeding, 12 nautical miles. Ships are allowed the freedom of innocent passage so long as it is not detrimental to the peace, good order, or security of the coastal State.
  • The baseline is an artificial line from which zones of jurisdiction as provided by the Convention are measured. The coastal state itself has to determine the baseline, which must then be shown on charts or defined by adequate geographical co-ordinates and given adequate publicity. The baseline can be determined by applying the technical provisions of the Convention in three steps:
  • This chapter deals with the question as to what extent the sovereignty of a coastal state in its territorial sea may be restricted or set aside to permit unhindered passage of foreign vessels through this zone.
    (Art. 21: (a) the safety of navigation and the regulation of maritime traffic;
    (b) the protection of navigational aids and facilities and other
    facilities or installations;
    (c) the protection of cables and pipelines;
    (d) the conservation of the living resources of the sea;
    (e) the prevention of infringement of the fisheries laws and
    regulations of the coastal State;
    (f) the preservation of the environment of the coastal State and the
    prevention, reduction and control of pollution thereof;
    (g) marine scientific research and hydrographic surveys;
    (h) the prevention of infringement of the customs, fiscal,
    immigration or sanitary laws and regulations of the coastal
    State.
  • In its attempt to find an acceptable solution to the conflict of interests inherent in this question, the Convention uses the concept of innocent passage.
  • By means of a formal proclamation made public to the international community, a coastal state may establish a zone contiguous to the territorial sea and extending a maximum of twenty-four nautical miles from the baseline. Consequently, the breadth of the contiguous zone itself depends on the distance proclaimed and on the breadth of the territorial sea. If the territorial sea of the coastal state has the maximum breadth of twelve nautical miles, then the contiguous zone can have a maximum breadth of only twelve nautical miles.

    The contiguous zone enjoys independent legal status only as long as the coastal state has not proclaimed an exclusive economic zone exceeding the outer limits of the contiguous zone. If an exclusive economic zone is established, it begins beyond and adjacent to the territorial sea, with the resultant effect that the contiguous zone becomes a part of the exclusive economic zone
  • The regime of passage through straits used for international passage is entirely independent of the regime of the territorial sea. Applicability of the provisions is dependent on two conditions: (1) there must be a recognized strait used for international navigation which is not regulated by long-standing international conventions; and (2) the vessel must be in transit passage, continuous and expeditious traversing without delay of the strait.

    The Convention does not define the term “strait”. Any geographical formation commonly understood to be a navigable strait would therefore fall under these provisions. However, Part III applies only to those straits which are used for international navigation unavoidable for convenience of navigation and provide access from one part of an exclusive economic zone or the high seas to another part of an exclusive economic zone or the high seas.
  • (a) the safety of navigation and the regulation of maritime traffic,
    as provided in article 41;
    (b) the prevention, reduction and control of pollution, by giving
    effect to applicable international regulations regarding the
    discharge of oil, oily wastes and other noxious substances in the
    strait;
    (c) with respect to fishing vessels, the prevention of fishing,
    including the stowage of fishing gear;
    (d) the loading or unloading of any commodity, currency or person
    in contravention of the customs, fiscal, immigration or sanitary
    laws and regulations of States bordering straits.
  • Aside from possible exploration of oil fields, the most valuable resource for coastal states in their exclusive economic zone is the sovereign right of fishing. The fishing rights within the exclusive economic zone are almost exclusive and are nearly equivalent to total sovereignty. There is a general obligation to conserve as well as the right to utilize the living resources.
  • For particular species, the coastal state must especially emphasize co-operation when exercising its rights.
  • The continental shelf of a coastal State comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance (Article 76)
  • Beyond the limits of national jurisdiction, the water column and the air space above the oceans are governed by the regime of the high seas. When coastal states have established exclusive economic zones, the high seas are the ocean space beyond the 200 nautical mile limit of this zone.
  • Freedom of navigation is of utmost importance for all, for the shipping community and naval forces as well as for the fishing industries and marine scientific research. Every state has the right to sail ships and participate in navigation by granting its nationality to vessels which are registered with the state and which fly its flag. Such flag states have the right and duty to exercise their exclusive jurisdiction on ships on the high seas.
  • Every state has the right to have a merchant fleet under its flag, and the vessels in this fleet are entitled to use the high seas. But this right is coupled with obligations. As there is no sovereign authority of a state or other agency to maintain law and order on the high seas, there must be some tie to the jurisdiction of a state. According to common international law, which is confirmed by the Convention, the flag state in general exercises exclusive jurisdiction over a vessel on the high seas.
  • Activities in the Area are to be organized, carried out, and controlled by the Sea-Bed Authority. The Authority is to conduct its undertaking in such a manner as to foster healthy development of world economy and balanced growth of international trade and to promote both just and stable prices remunerative to producers and fair to consumers as well as a long-term equilibrium between supply and demand. These goals are inherent in the provisions on production policy as well, and are the logical and consistent development of the overriding principle that the Area and its resources are to be developed for the benefit of mankind as a whole.
  • The Convention provides for the establishment of the International Sea-Bed Authority at the time the Convention goes into effect.
  • The Authority thus established has international legal personality and such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes. The Authority and certain persons connected with it enjoy diplomatic status in the performance of their duties. Members of the Authority are those states and entities which are “states parties.” The Authority is based on the principle of the sovereign equality of all its members and is the organization through which the States Parties organize and control activities in the Area with the view of administering the resources for the benefit of mankind as a whole, on whose behalf the Authority is to act.
  • Disputes arising from deep-sea mining activities in the Area are to be settled by compulsory procedures which basically do not give the parties a choice of courts or tribunals. The essential device for achieving this goal is the Sea-Bed Disputes Chamber, a special chamber of the Tribunal for the Law of the Sea. The Chamber has jurisdiction in the following cases:
  • The Chamber gives advisory opinions at the request of the Assembly or the Council on legal questions arising within the scope of their activities and treats such requests as matters of urgency.
  • This Part represents a constitution for the prevention of pollution of the seas on a global, regional, and local basis. Any obligations assumed by states under special conventions and agreements related to the protection and preservation of the marine environment are to be carried out in a manner consistent with the general principles and objectives of the Convention.
  • All states have the obligation to protect and preserve the marine environment and can be held liable for failure to fulfil their obligations, e.g., if pollution spreads beyond the area where a state exercises its sovereign rights. They are obliged to take measures to reduce to the fullest possible extent pollution from all sources, whether land-based sources, sea-bed activities, dumping, the atmosphere, or vessels.
  • The main responsibility for the protection of the marine environment lies with the states, which have a coastline. These states, which enjoy the benefits of being granted sovereign rights over living and non-living resources within the limits of an exclusive economic zone and a continental shelf, have also been given the corresponding duty to protect and preserve the marine environment within these areas.
  • The regulations of the Convention for the prevention of pollution do not apply to warships and other vessels owned by governments and in non-commercial service. However, states are to ensure that such ships act, as far as reasonable and practicable, in a manner consistent with the Convention (Article 236).
  • The provisions of enforcement are carefully designed to balance the opposing interests of the flag states and the coastal states. Just as the flag state has primary legislative jurisdiction over its vessels, it also bears the primary responsibility for ensuring that its vessels comply with international law. In the event of a violation, the flag state is to institute investigations and proceedings. The coastal state, on the other hand, has been vested with rights (in varying degrees) to enforce pollution laws, although safeguards have been built in to ensure that this power can be exercised only to a limited extent.
  • For procedural settlement of disputes, the parties may choose among four fora: two courts (the International Court of Justice and the International Tribunal for the Law of the Sea) and two arbitration tribunals. If no declaration to the contrary is in force, the state party is deemed to have accepted arbitration in accordance with Annex VII.
  • For disputes with respect to interpretation of the Area provisions of Part XI, the jurisdiction of the Sea-Bed Disputes Chamber is compulsory, unless States Parties request that the dispute be submitted to a special chamber or to an ad hoc chamber.
  • Each of these provisions covers a different area, and it is not possible to summarize the articles from a standpoint of principles common to all of them. It is even questionable whether the heading "General" can be applied to all five of the provisions; it is clearly applicable only to the first two on "good faith" and "peaceful use," as the last three are of more regulatory nature.
  • The entry into force of the Convention follows common procedure for international conventions; it is open for signature, and subject to ratification, formal confirmation, and accession. The Convention will not enter into force until twelve months after the deposit of the sixtieth instrument of ratification or accession with the Secretary-General of the United Nations, who is the depository of the Convention and any amendments thereto.
  • ×