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This presentation is prepared by me for Fisheries Legislation and Administration Course, FRM Department in CIFE Mumbai,

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  1. 1. UNCLOS United Nation Convention on Law Of the Sea Presentation Part 1 Presented by Shravan kr sharma and Abdolhakim2013/4/7 UNCLOS 1
  2. 2. Historical perspectives International negotiations (समझौता) & settlement over seas Conflict management Shared stocks2013/4/7 UNCLOS 2
  3. 3. History •17th century - freedom of the sea doctrine "free to all and belonging to none" Mid of 20th century - extends national claims over offshore resources 1945 - President Harry S Truman - extended US jurisdictionover all the natural resources on the nations continental shelf - oil, gases, minerals etc.. october 1946 - Argentina claimed continental shelf and sea above it. 1947 - Chile, Peru and Equador asserted sovereign rights over a 200 mile zone to protect fish stock. 2013/4/7 UNCLOS 3
  4. 4. • 28th May 1976 - India declared the territorial waters, continental shelf, EEZ and and other maritime zones2013/4/7 UNCLOS 4
  5. 5. UNCLOS 1 1In 1956, the United Nations held its first Conference on the Law of the Sea (UNCLOS I) at Geneva, Switzerland. Eighty-six nations participated UNCLOS I resulted in four treaties concluded in 1958: 1. Convention on the High Seas, entry into force: 30 September 19622. Convention on the Continental Shelf, entry into force: 10 June 1964 3. Convention on the Territorial Sea and Contiguous Zone, entry into force: 10 September 19644. Convention on Fishing and Conservation of Living Resources of the High Seas, entry into force: 20 March 1966 . 2013/4/7 UNCLOS 5
  6. 6. 1. Convention on the High SeasFreedom of Navigation, Freedom of Overflight, Freedom of Fishing, Freedom to lay Cables and Pipelines 2. Convention on the Continental ShelfCoastal nations have sovereignty right over the seabed and its resources, but not over the water and airspace above the seabed2013/4/7 UNCLOS 6
  7. 7. 3. Convention on Territorial Seas and Contiguous Zones •established sovereignty rights of passage through the territorial sea, •established the Contiguous Zone to extend 12 nautical miles from the baselines, •but failed to set standards of limits on the territorial sea 4. Convention on Fishing and Conservation of the Living Resources of the High Seas •established the right of coastal nations to protect living ocean resources,2013/4/7 UNCLOS 7
  8. 8. UNCLOS II, 1960 Goal was to resolve specific problems left by UNCLOS I Width of Territorial Seas Fisheries LimitsThe six-week Geneva conference did not result in any new agreements No agreement reached on either issue!2013/4/7 UNCLOS 8
  9. 9. UNCLOS III, 1973-1982 585 Days over a 9-year period participation of 160 nations UNCLOS is one of the largest history contains 320 articles and 9 annexes The agreement addresses a myriad of issues including  navigational rights of ships and aircraft, limits on the extension of national sovereignty over the oceans, environmental protection of the oceans, conservation of living resources and mining rights2013/4/7 UNCLOS 9
  10. 10. UNCLOS was first signed in December of 1982 Treaty Came in to Force in 1994 Many Nations have not Signed the Treaty UNCLOS required 60 signatures for ratification and could only enter into force one year after the final nation had ratified or acceded to the treaty.The main reason many nations took so long to sign the treaty is because of Article 309, i.e, "No reservation or exeptions may be made to this convention unless expressly permited by other articles of this convention". some of the terms of the agreement did not sit well with various nations 2013/4/7 UNCLOS 10
  11. 11. 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 theshoreline for purposes of enforcement of customs, fiscal, immigration, or sanitary laws.Exclusive economic zone up to 200 nautical miles from the shoreline for purposes of exploring and exploiting,conserving and managing the natural resources, whether living or non-living2013/4/7 UNCLOS 11
  12. 12. 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, andcontrol 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. 2013/4/7 UNCLOS 12
  13. 13. Countries that have not ratified UNCLOS III Cambodia, Congo, North Korea, Dominican Republic, Ecuador, Erithrea, Estonia, Iran, Israel, Latvia, Liberia, Libya, Morocco, Niue, Peru, Syria, Thailand, East Timor, Turkey,Venezuela, and 21 landlocked states including Afghanistan, Ethiopia, and Niger2013/4/7 UNCLOS 13
  14. 14. 2013/4/7 UNCLOS 14
  15. 15. Divisions of Ocean Areas BaselinesThe 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 2013/4/7 UNCLOS 15
  16. 16. Internal watersInternal waters are those that are contained on the landward side of the baseline. These waters fall under the exclusive sovereignty of the nation in which they are contained. 2013/4/7 UNCLOS 16
  17. 17. Territorial Seaextends up to 12 nautical miles from the baselines (Article 3)Within the territorial sea, a nation has exclusive sovereignty over the water, seabed, and airspace By the late 1960s- 8 Nations were claiming 200 nautical miles3 nautical miles(25 Nations), 12 nautical miles (66 Nations), 4-10 nautical miles (15 Nations) 2013/4/7 UNCLOS 17
  18. 18. limits of territorial seaArticle 3 - Breadth of the territorial sea Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines.Article 4 - Outer limit of the territorial sea The outer limit of the territorial sea is the line every point of which is at a distance from the nearest point of the baseline equal to the breadth of the territorial sea.2013/4/7 UNCLOS 18
  19. 19. Article 5 - Normal baseline Except where otherwise provided in this Convention, the normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State.Art 6 - Reefs In the case of islands situated on atolls or of islands having fringing reefs, the baseline for measuring the breadth of the territorial sea is the seaward low-water line of the reef, as shown by the appropriate symbol on charts officially recognized by the coastal State.2013/4/7 UNCLOS 19
  20. 20. Contiguous Zone Art 33:The Contiguous Zone is a region of the seasmeasured from the baseline to a distance of 24 nautical miles.Within this region, a nation may exercise thecontrol necessary to prevent the infringement(उ्लंघन)of its customs, fiscal, immigration or sanitary laws and regulations within its territory 2013/4/7 UNCLOS 20
  21. 21. Exclusive Economic Zone (EEZ) a region that stretches a distance of no more than 200 nautical miles from a nations baselines Within its EEZ, a nation may exploit the natural resources (both living and inanimate) found both in the water and onthe seabed, may utilize the natural resources of the area forthe production of energy (including wind and wave/current), may establish artificial islands, conduct marine scientific research, pass laws for the preservation and protection of the marine environment, and regulate fishing 2013/4/7 UNCLOS 21
  22. 22. Q what is the reason for taking only 200 nm ? Ans -most lucrative fishing grounds lie within 200 nautical miles from the coast as this is where the richest phytoplankton (the basic food of fish) lies. contain about 87% of all of the known andestimated hydrocarbon reserves as well as almost all offshore mineral resources. contain almost 99% of the worlds fisheries, which allows nations to work to conserve the oceans vital and limited living resources 2013/4/7 UNCLOS 22
  23. 23. Continental Shelf Continental shelf is a real, naturally-occurring geological formation.It is a gently sloping undersea plain between the above-water portion of a landmass and the deep ocean2013/4/7 UNCLOS 23
  24. 24. Continental shelf & Continental slope2013/4/7 UNCLOS 24
  25. 25. High SeasWaters beyond a nations EEZ are considered to be the high seas (art 86) The high seas are open to all States, whether coastal or land locked.On the high seas, nations are permitted freedom of navigation and overflight, freedom to lay submarine cables and pipelines, freedom to construct artificial islands, freedom of fishing, and freedom of scientific research (art 87) 2013/4/7 UNCLOS 25
  26. 26. EXCLUSIVE ECONOMIC ZONE Article 55: Specific legal regime of the exclusive economic zone Defines the EEZ as the zone just beyond the territorial waters and there the rights and jurisdictions of the coastal states are goverened.2013/4/7 UNCLOS 26
  27. 27. Article 56: Rights, jurisdiction and duties of the coastal State in the exclusive economic zone (a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources (b) rights - the establishment and use of artificial islands, installations and structures marine scientific research the protection and preservation of the2013/4/7 marineUNCLOS Environment 27
  28. 28. Article 57 Breadth of the exclusive economic zoneThe exclusive economic zone shall not extendbeyond 200 nautical miles from the baselinesfrom which the breadth of the territorial sea is measured Article 58 Rights and duties of other States in the exclusive economic zone - all the states whether coastal or land locked, enjoys freedoms of free navigation, overflight, lying of submarine cables or pipelines.2013/4/7 UNCLOS 28
  29. 29. Article 59 Basis for the resolution of conflicts regarding the attribution of rights and jurisdiction in the EEZ - conflict should be resolved on the basis of equity. Article 60 Artificial islands, installations and structures in EEZ Article 61 Conservation of the living resourcesThe coastal State shall determine the allowable catchof the living resources in its exclusive economic zone. 2013/4/7 UNCLOS 29
  30. 30. Article 62 Utilization of the living resources 1. The coastal State shall promote the objective of optimum utilization of the living resources in the exclusive economic zone without prejudice to Article 61 2. The coastal State shall determine its capacity to harvest the living resources of the exclusive economic zone.Article 64 - Highly migratory species Artical 65 - Marine Mammals2013/4/7 UNCLOS 30
  31. 31. High seas Article 87 Freedom of the high seasThe high seas are open to all States, whether coastal or land- locked. a.freedom of navigation b.freedom of over flight c.freedom to lay submarine cables and pipelines d.freedom to construct artificial islands and other installations permitted under international law e.freedom of fishing f.freedom of scientific research 2013/4/7 UNCLOS 31
  32. 32. Article 89 Invalidity of claims of sovereignty over the high seas No State may validly purport to subject any part of the high seas to its sovereignty Article 90 Right of navigation Every State, whether coastal or land-locked, has the right to sail ships flying its flag on the high seas2013/4/7 UNCLOS 32
  33. 33. Conservation and Management of The Living Resources of the High Seas Article 116 Right to fish on the high seas All States have the right for their nationals to engage in fishing on the high seas Article 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 intaking, such measures for their respective nationals as may be necessary for 2013/4/7 the conservation of the living resources of the high seas. UNCLOS 33
  34. 34. Article 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 concerned2013/4/7 UNCLOS 34
  35. 35. Article 119 Conservation of the living resources of the high seas 1. determining the allowable catch and establishing other conservation measures a.take measures which are designed, on the best scientific evidence available to the States b.take into consideration the effects on species level at which their reproduction may become seriously threatened2. exchange of available scientific information (catch and fishing effort statistics, and other data) on a regular basis through competent international organizations 3. conservation measures and their implementation do notdiscriminate in form or in fact UNCLOS the fishermen of any State 2013/4/7 against 35
  36. 36. Article 120 Marine mammals Article 65 also applies to the conservation and management of marine mammals in the high seas2013/4/7 UNCLOS 36
  37. 37. ENCLOSED OR SEMI-ENCLOSED SEAS Article 122 Definition "enclosed or semi-enclosed sea“ means a gulf, basin or sea surrounded by two or more States and connected to another sea or the ocean by a narrow outlet or consisting entirely or primarily of the territorial seas and exclusive economic zones of two or more coastal States Article 123 Cooperation of States bordering enclosed or semi-enclosed seasStates bordering an enclosed or semi-enclosed sea should cooperatewith each other in the exercise of their rights and in the performance of their duties under this Convention 2013/4/7 UNCLOS 37
  38. 38. UNCLOS (Presentation part 2) By Shravan sharma and Abdulhakim
  39. 39. Some overview of last presentation• UNCLOS III was convened in late 1973 in New York.• Most significant issues covered were setting limits, navigation, archipelagic status and transit regimes, exclusive economic zones (EEZs), continental shelf jurisdiction, deep seabed mining, the exploitation regime, protection of the marine environment, scientific research, and settlement of maritime boundary disputes.• As time went on, it became clear that the United States, among other developed states, was not willing to agree to Part XI of the Convention concerning deep seabed portions and mining of potentially valuable metals
  40. 40. • The United States objected to Part XI of the Convention on several grounds, arguing that the treaty was unfavorable to American economic and security interests.• The U.S. claimed that the provisions of the treaty were not free-market friendly and were designed to favor the economic systems of the Communist states.
  41. 41. Controvercy for International seabed Authority (ISA)• The United States is the only - that has not ratified the Convention give arguments being a charge that the ISA is unnecessary.• In its original form, the Convention included certain provisions that some found objectionable, such as: Imposition of permit requirements, fees and taxation on seabed mining; Use of collected money for wealth redistribution in addition to ISA administration Mandatory technology transfer
  42. 42. • 1994 Agreement on Implementation that somewhat mitigates them and thus modifies the ISAs authority• Despite this change the United States has not ratified the Convention and so is not a member of ISA, although it sends sizable delegations to participate in meetings as an observer (think on it)• On 31 October 2007 the Foreign Relations Committee of the United States Senate, by a vote of 17 to 4, recommended ratification, and President George W. Bush publicly supported U.S. accession to the Convention; no date has yet been set for action by the full Senate.
  43. 43. Part X Right of land-locked states to and from the sea and freedom of transit Art: 125 - Right to access to and from the sea and freedom of transit. Art: 127 - Custom duties, taxes and other charges. - no any Art 128 - free zones and other custom facilities Art 129 - Cooperation in the construction and improvement of means of transport. Art 130 - Measures to avoid or eliminate delays or other difficulties of a technical nature in traffic in transit Art 131 Equal treatment in maritime ports.
  44. 44. Part XI Area Establishment of Authority i.e, ISA (Art 156) All signatory are directly become the members of ISA (Art 156) Based on the principle of sovereign equality of all its members. (Art 157) principle organs of authority are Assembly, Council and Sceretariat. (Art 158) Decision on questions of substance shall be taken by a 2/3rd of the members present. Question for first time - requires 1/5th voting, within 5 calender days. - then pass.
  45. 45.  have powers to elect members of Council and Secreteriat. (Art 160) Composition of Council (Art 161) The Council consists of 36 members of the Authority ele cted by the Assembly into five chambers as follows: 4 members from nations that consumed/imports more than 2 %, in any case 1 state from Eastern European(socialist) region, as well as largest consumer. 4 members from 8 parties having largest investment 4 members from net major exporters. 6 from developing nations, land-locked, potential producers. 18 based from equitable geagraphical distributions
  46. 46. Part XII Protection and preservation of Marine Environment  Not to transfer damage or hazards or transform one type of pollution to another (Art 195)  Notification of immenent or actual damage - warning (Art 198 )  Scientific and technical assistance to developing states. - to developing states (Art 202 )  Monitoring the risk or effects of pollution (Art 204 )  Publication of reports (Art 205)  Pollution by dumping - prior permission (Art 210)
  47. 47.  Enforcement of coastal states - for physical inspection (Art 220) Duty to avoid adverse conseuences in the exercise of the powers of enforcement. (Art 225 ) Investigation of foreign ships (Art 226 ) Notification to the flag state and other states concerned.(Art 231)
  48. 48. part XIII Marine Scientific research• All States, irrespective of their geographical location, and competent international organizations have the right to conduct marine scientific research - Article 238• In the conduct of marine scientific research the following principles shall apply: - Article 240• (a) conducted exclusively for peaceful purposes;• (b) shall not unjustifiably interfere with other legitimate uses of the sea• Marine scientific research activities shall not constitute the legal basis for any claim to any part of the marine environment or its resources. - Article 241
  49. 49. • Publication and dissemination of information and knowledge -Article 244• States and competent international organizations which intend to undertake marine scientific research in the exclusive economic zone or on the continental shelf of a coastal State shall, not less than six months in advance of the expected starting date of the marine scientific research project, provide that State with a full description of the nature and objectives of the project, the method and means to be used, the precise geographical areas ,the expected date of first appearance and final departure of the research vessels, Article 248
  50. 50. • Suspension or cessation of marine scientific research activities - Article 253• Rights of neighbouring land-locked and geographically disadvantaged States Article 254• Non-interference with shipping routes -Article 261• Identification markings and warning signals - Article 262• Marine scientific research project shall not allow research activities to commence or continue without the express consent of the coastal State concerned in case of pending disputes. - Article 265• Promotion of the development and transfer of marine technology - Article 266
  51. 51. PART XV SETTLEMENT OF DISPUTESObligation to settle disputes by peaceful means - Article 279Settlement of disputes by any peaceful means chosen by the parties - Article 280Obligation to exchange views - Article 283
  52. 52. Revision of UNCLOS 3• From 1983 to 1990, the United States accepted all but Part XI as customary international law, while attempting to establish an alternative regime for exploitation of the minerals of the deep seabed.• Decline in the demand for minerals from the seabed made the seabed regime significantly less relevant. In addition, the decline of Socialism and the fall of Communism in the late 1980s had removed much of the support for some of the more contentious Part XI provisions.• In 1990, consultations were begun between signatories and non-signatories (including the United States) over the possibility of modifying the Convention to allow the industrialized countries to join the Convention.
  53. 53. • It mandated that key articles, including those on limitation of seabed production and mandatory technology transfer, would not be applied, that the United States, if it became a member, would be guaranteed a seat on the Council of the International Seabed Authority, and finally, that voting would be done in groups, with each group able to block decisions on substantive matters.• The 1994 Agreement also established a Finance Committee that would originate the financial decisions of the Authority, to which the largest donors would automatically be members and in which decisions would be made by consensus (आम सहमति).
  54. 54. United Nations Law of Sea on Conflict Management
  55. 55. Introduction Conflicts on the seas still occur today, but now they involve fishing trawlers and coastal patrol vessels rather than galleons or dreadnoughts The over-fishing and exploitation of the ocean’s resources, difficulties in establishing clearownership over such resources as migratory fishstocks, generates numerous potential flash points for armed conflict
  56. 56. SolutionsMultiple solutions have been suggested to address problems associated with joint management of common property resources (CPRs), such as the ocean’s fishing stocks 1. A Leviathan or coercive authority can be established to prevent exploitation of resources through monitoring 2. Oceanic resources can be privatized to manage their resources more efficiently 3. International institutions could helps states manage these resources in a cooperative fashion
  57. 57. Power of AuthorityUses coercive force to prevent the individual over-usage of the resource. Intervention to government agencies to manage the goodsNeed for military power to prevent resource abuse
  58. 58. Privatization Through EEZs Works best for managing maritime conflicts by promoting more frequent and more successful bilateral negotiations Territorial sea limits, provided the first attempt at privatization of the ocean’s CPRsIn 1945, President Truman issued a proclamation asserting rights to explore and exploit the oil and gas resources of the continental shelf outside of the 3 nm territorial sea Increased the expansion of territorial waters after World War II
  59. 59. Conti…In 1952, Chile, Ecuador and Peru declared jurisdiction over an area 200 nautical miles from their coasts Resulting in a series of disputes over fishing rights with other countries, including the United States and Canada Two unsuccessful conferences in 1958 and 1960 attempted to create a uniform standard for territorial seas A third conference that began in 1974 was more successful, culminating in the 1982 United Nations Convention on the Law of the Sea (UNCLOS) UNCLOS established a consistent set of limits for territorialand contiguous seas, navigation rights, seabed usage, and dispute adjudication
  60. 60. Conti… Most significant portion of the UNCLOS agreement is the creation of a set of definable limits for maritime boundaries Convention established the exclusive economic zone (EEZ), an area beyond theterritorial sea with a breadth of 200 nautical milesStates have sole rights over the exploitation of all the resources in their EEZ
  61. 61. InstitutionalizationInstitutions are designed by those who use the resource Rules should be created that are closely aligned to the conditions of the resource
  62. 62. Shared stock
  63. 63. definition Fao definition“ All fish stocks that cross the boundaries of a coastal state EEZ into neighboring EEZand/or the adjacent high seas , along withthose stocks found exclusively on the high seas “ 3 meanings
  64. 64. Transboundary stocks - fish stocks crossing the EEZ of one coastal state into EEZs of one or more other coastal states Straddling stocks - fish stock crossing the EEZ boundary into the adjacent high seas other than highly migratory and anadromous or catadromous stocks
  65. 65. Management of shared stocks After introduction of EEZ, it believes that90% of the fisheries is in the hands of states This would not lead to conflict between the coastal statesFish stock migrating through more than one EEZ and the high sea became an area of conflict The conflict for fisheries is called ‘fish war’
  66. 66. Conti…In 1982 Parties of UN signed the agreement law of sea (UNCLOS) Management for shared fish stock was not included. In 1995 UN made another agreement to supplement and strengthen the UNCLOS This agreement was called ‘fish stock agreement’(UNFSA)
  67. 67. Conti… This agreement introduced the regionalfisheries management organization (RFMO) regime Relevant coastal states would become members This organization would also have the management of the high seas in their area RFMO consist of the coastal states and some distant water fishing nations that do not have coastal state status
  68. 68. Cont…Though the RFMO regime has come a long way in solving the problems of the shared fish stocksThere are still a lot of problems that are not solved yetIn the light of climate change and changingmigration pattern of fish stocks the stability over time can be a big problem
  69. 69. Truman Proclamation President Harry Truman made this proclamation on September 28, 1945Regarding jurisdiction over resources of the outer continental shelf Policy of the United States with respect to the Natural Resources of the Subsoil and Sea Bed of the Continental Shelf It was later made into law as the Outer Continental Shelf Lands Act
  70. 70. Conclusion UNCLOS is successful for bringing third parties to the management tableFacilitate the long run stability of agreement reached to resolve maritime claimsUNCLOS is also effective for preventing the onset of new disagreement over maritime areas
  71. 71. References cited 1. Platzoder.R, The 1994 United Nations Convention on the Law of Sea2. Nemeth.S.C, Mitchell.S. M;Ruling the sea : Institutionalization and Privatization of the global ocean commons 3. Barston.R; United nations conferences on straddling and highly migratory fish stocks4. Ellefan. H, Strategic management of shared fish stock applied to the pelagic complex in the north east Atlantic ocean • • • • • •
  72. 72. ••••• id=27309• id=27309
  73. 73. Thank you