Implementations of the law of the sea convention in Sri Lanka
•Download as PPT, PDF•
7 likes•3,989 views
This document summarizes the key points of a presentation about Sri Lanka's implementation of the United Nations Convention on the Law of the Sea (UNCLOS). It discusses UNCLOS and its objectives to establish international laws governing the world's oceans. It then outlines several ways Sri Lanka has implemented UNCLOS, including establishing an Exclusive Economic Zone, claiming maritime boundaries, and preventing illegal fishing. The presentation concludes that UNCLOS has helped Sri Lanka maximize ocean resources, protect the environment, and engage in development projects, though challenges remain in fully utilizing resources and improving communication between authorities.
Recommended
Recommended
More Related Content
What's hot
What's hot (20)
Viewers also liked
Viewers also liked (11)
Similar to Implementations of the law of the sea convention in Sri Lanka
Similar to Implementations of the law of the sea convention in Sri Lanka (20)
Recently uploaded
Recently uploaded (20)
Implementations of the law of the sea convention in Sri Lanka
- 2. IMPLEMENTATIONS OF THE LAW OF THE SEA CONVENTION IN SRI LANKA. R.M.T.D. Madusanka, AS2012135, 3rd year. 2
- 3. …………………CONTENTS………………… 1. Role of the seas in the world. 2. Rising the concept of universal law for seas. 3. Beginning of the UNCLOS. 4. The convention. 5. Objectives. 6. UNCLOS and Sri Lanka. 7. Implementations of UNCLOS in Sri Lanka. 8. Conclusion. 9. Resource persons. 10. References. 3
- 4. ROLE OF SEAS IN THE WORLD. Cover more than 70% of the Earth. Seas , -Bear living & non living resources , & Energy sources. -Transportation media for people and trade. -Produces considerable amounts of oxygen we breathe. -Moderates global climate conditions. 4
- 5. RISING THE CONCEPT OF “UNIVERSAL LAW FOR SEAS” Exploitation of the resources in seas. Increasement in maritime trade. Economic value of offshore energy, mineral, and living resources. Narrow belt of sea surrounding a nation's coastline. Growing competition between coastal nations. 5
- 6. BEGINNING OF THE UNCLOS. 1958 – UNCLOS I. 1960 – UNCLOS II. 1967 – UNCLOS III. 1982 - Signed Convention. 1994 - Ratified Convention. 6
- 7. THE CONVENTION. Define the rights and responsibilities of nations in their use of the world's oceans. 155 states & European union. Now regarded as a Customary international law. 7
- 8. OBJECTIVES. 1. Protect the economic, environmental, and national security concerns of coastal states. 2. Strengthen the state sovereignty up to 200 miles offshore (called the Exclusive Economic Zone— EEZ). 3. Protect the marine environment. 4. Protect the freedom of navigation. 5. Maintenance of international peace. 8
- 9. UNCLOS AND SRI LANKA. Participated the UNCLOS-I in 1958. At the UNCLOS III Sri Lanka served as a very active member in order to proclaim their Maritime Zones in accordance with newly emerging trends in International Law. Focal point- Ministry of fisheries and marine resources. 9
- 10. ENFORCEMENT OF THE CONVENTION IN SRI LANKA. 1. Maritime Pollution Prevention Act No. 35 of 2008 2. Merchant shipping Act No. 52 of 1971 3. Fisheries and Aquatic Resources Act of 1996 4. National Aquatic Resources Authority Act No.354 of 1981 5. Mines and Minerals Law No. 4 of 1972 6. Sri Lanka Ports Authority act No. 51 of 1979 7. Coast Conservation Act No. 57 of 1981 8. National Environmental Act No. 7 of 1980 9. Admiralty Jurisdiction Act No. 40 of 1983 10. Piracy Act No. 9 of 2001 11. Suppression of Unlawful Acts Against the Safety of Maritime Navigation Act No.42 of 2000 12. Carriage of goods by Sea Act No. 21 of 1982 13. Petroleum Resources Act No. 26 of 2003 14. Navy Act No. 20 of 1950 15. Fauna and Flora Protection Ordinance No. 2 of ?'9?'31987 16. Law on the Protection of the Maritime Cultural Heritage 17. Fisheries (Regulations of Foreign Fishing boats Act No. 59 of 1979) 10
- 11. IMPLEMENTATIONS OF UNCLOS IN SRI LANKA. 1. Exclusive Economic Zone. 2. DEOCOM project. 3. Claiming The Kachchativu Island. 4. Prevent illegal fisheries in Sri Lankan seas. 5. Sethusamudram project. 6. Port city project. 7. Exploitation of petroleum in Mannar basin. 8. Anti-piracy activities. 11
- 12. 1. ESTABLISHMENT OF 200M EXCLUSIVE ECONOMIC ZONE. Part V of the convention. EEZ is the seas beyond the territorial sea extending to 200 nautical miles. 12
- 13. Approximate Land and Sea Areas of Sri Lanka (Square km) • Land Area 65,525 • Internal Waters 1570 • Territorial Sea 18,060 • Contiguous Zone 19,620 • Exclusive Economic Zone 437,400 13
- 14. 2. DEOCOM PROJECT. DEOCOM project - Delimitation of the Outer Edge of the Continental Margin of Sri Lanka. According to the technical guidelines issued by the convention Article 76 Sri Lanka was successful in making its submission on 8th May 2009. It is unlikely that our claim will be taken up for hearing before 2025. 14
- 15. 3. CLAIMING THE KACHCHATIVU ISLAND. Bilateral agreement (1974) Determine the maritime boundary in Palk strait as UNCLOS. Kachchativu Island was fallen in side the Sri Lankan maritime boundary. 15
- 16. 4. UNCLOS AND FISHERIES IN SRI LANKA. UN Fish Stocks Agreement- Conservation and Management of Straddling & Highly Migratory Fish Stock Sri Lanka has ratified the UN Fish Stocks Agreement in October 1996. Fishing Vessel Registration. Prevent illegal activities & fishing fisheries in Sri Lankan seas. 16
- 17. 5. PORT CITY PROJECT AND UNCLOS. According to the article 60 of the part VI , a coastal island has a right to the establishment and use of artificial islands, installations and structures. 17
- 18. 6. SETHUSAMUDRAM PROJECT. Construction of a canal through the Palk Strait. Sri Lankan Government has been voiced objections regarding damage to the marine environment. Build a pressure on India to withdraw the project based on 3 articles(123,197,206) of the UNCLOS. Project was postponed. 18
- 19. 7. EXPLORATION OF PETROLEUM RESOURCES IN MANNAR BASIN. According to the article 56 of the convention, coastal states have the right of exploiting natural resources in their EEZ 19
- 20. 8. ANTI-PIRACY ACTIVITIES. Sri Lanka provides anti piracy protection for the ships. According to the article 100 Sea marshal training programs. Provide onboard security. 20
- 21. CONCLUSION. Strengthens peace, security, cooperation and friendly relations among all States. In the case of Sri Lanka it helps to, 1. Maximize the ocean resources. But sometimes Sri Lanka failed to utilize the resources that we have, due to many reasons. Petroleum - Lack of technology. Fishery - Political issues. 2. Protect the marine environment. 3. Development programs related to the sea There is no enough communication among authorities who implement the convention in Sri Lanka. It should be improved. Sri Lanka is very active member of the UNCLOS. UNCLOS is a very successful convention. 21
- 22. RESOURCE PERSONS. Miss. Kumari withana, Legal officer, Ministry of fisheries & marine resources. Mr. Asoka Jayaweera, Ministry of fisheries & marine resources. 22
- 23. REFERENCES. Claiming the sea area belonging to Sri Lanka according to the United Nations Convention on the Law of the Sea (UNCLOS) - Tantrigoda D.A http ://jnsfsl.sljol.info/article/abstract/10.4038/jnsfsr.v38i1.1720/ Handbook on MEAs – Ministry of environment & renewable energy. http://www.indexmundi.com/sri_lanka/maritime_claims.html http://www.sundaytimes.lk/041010/plus/2.html http:// www.sundaytimes.lk/140914/sunday-times-2/kachchativu-law-of-the-sea-and-lankas-sovere IMPLEMENTATION OF MEASURES TO PREVENT, DETER AND ELIMINATE IUU FISHING http://www.fisheriesdept.gov.lk/fisheries_beta/index.php/sri-lanka-national- plan-of-action-to-prevent-deter-and-eliminate-illegal-unreported-and- unregulated-iuu-fishing?showall=&start=6 http://ec.europa.eu/world/agreements/prepareCreateTreatiesWorkspace/trea tiesGeneralData.do?redirect=true&treatyId=511 http://www.island.lk/index.php?page_cat=article-details&page=article- details&code_title=92720 http://www.sundaytimes.lk/041010/plus/2.html 23
- 24. THANK YOU ! 24
Editor's Notes
- Oceans are key to sustaining life on the planet. They cover more than 70% of the Earth and they constitute one of the most essential bases for human life, either because of the richness of their living resources and unlimited energy sources, or simply because, by connecting us all, oceans offer an essential means of transportation for people and trade. Marine biodiversity among other things, produces a third of the oxygen we breathe, moderates global climate conditions, and pro- vides valuable source of protein for human consumption. Finally, 80% of the volume of global trade is seaborne; representing 70% of its value
- Exploitation of the resources in seas grows day by day as technology opens new ways to tap those resources. The oceans were being exploited as never before. A tangle of claims, spreading pollution, competing demands for lucrative fish stocks in coastal waters and adjacent seas, growing tension between coastal nations. On 1 November 1967, Malta's Ambassador to the United Nations, Arvid Pardo, asked the nations of the world to look around them and open their eyes to a looming conflict that could devastate the oceans, the lifeline of man's very survival. In a speech to the United Nations General Assembly The threat of pollution and wastes from transport ships and oil tankers carrying noxious cargoes that plied sea routes across the globe. There was growing concern over the toll taken on coastal fish stocks by long-distance fishing fleets. seventeenth century essentially limiting national rights and jurisdiction over the oceans to a narrow belt of sea surrounding a nation's coastline. The remainder of the seas was proclaimed to be free to all and belonging to none. In the decades since World War II, advances in maritime technology, increases in maritime trade, and the growing economic value of offshore energy, mineral, and living resources have collectively led to a breakdown of the centuries-old division of the ocean between three-mile territorial seas under coastal state authority and the high seas, where freedom of navigation and exploitation typically reigned.
- Following a period of expanding coastal state claims over the sea and its resources, the 1982 UN Convention on the Law of the Sea (UNCLOS) established a new order of the oceans that promised the stability needed to protect sovereignty, provide for national security, promote trade and development, and safeguard the marine environment. Dec 1982 Signed Convention. Jul 1994 Ratified Convention. Jul 1994 Signed Part XI Agreement Jul 1995 Bound by Part XI Agreement.
- Navigational rights, territorial sea limits, economic jurisdiction, legal status of resources on the seabed beyond the limits of national jurisdiction, passage of ships through narrow straits, conservation and management of living marine resources, protection of the marine environment, a marine research regime.
- Sri Lanka participated the first United Nations Law of the Sea Convention (UNCLOS-I) in 1958 in Geneva and ratified the following conventions. 1. The convention of the High Seas 2. The contention of the territorial sea and the contiguous zone. 3. The convention on the Continental Shelf. 4. The convention on the living resources of the High Seas. At the UNCLOS III Sri Lanka served as a very active member in order to proclaim her Maritime Zones in accordance with newly emerging trends in International Law.
- , In cases where the continental margin extends further than 200 miles, nations may claim jurisdiction up to 350 miles from the baseline or 100 miles from the 2,500 metre depth, depending on certain criteria such as the thickness of sedimentary deposits. To control the claims extending beyond 200 miles, the Commission on the Limits of the Continental Shelf was established to consider the data submitted by the coastal States and make recommendations. The Convention on the Law of the Sea holds out the promise of an orderly and equitable regime or system to govern all uses of the sea it is necessary to determine the boundary at which thickness of sediments lying in the Indian Ocean region around Sri Lanka is one kilometer. Technical guidelines issued by the convention DEOCOM project (Delimitation of the Outer Edge of the Continental Margin of Sri lanka) Sri Lanka was successful in making its submission on 8th May 2009. over forty two maritime countries had submitted their claims before us and the date on which our claim will be considered by the UN Commission on the Limits of the Continental Shelf (CLCS) will be delayed as a result of this. it is unlikely that our claim will be taken up for hearing before 2025
- Sri Lanka signed bilateral agreement regarding historic waters(1974) with India on the maritime boundary in Palk strait as per the United Nations Convention on the Law of the Sea (UNCLOS). Article 4 of the Agreement stipulates that each State (India and Sri Lanka) shall have sovereignty and exclusive jurisdiction and control over the waters, the Islands, the Continental Shelf and the sub soil on its side of the Maritime boundary. In the Palk Strait and Palk Bay and Kachchativu Island were determined as falling within Sri Lankan waters and the agreement came into force on 8 July 1974 “…. As a result of this joint examination, a boundary in the Palk Bay has been defined in conformity with the historical evidence, legal international principles and precedents. This boundary falls one mile off the coast of the uninhabited island of Kachchativu, while mutually satisfactory provision has been made regarding navigation, pilgrimage, fishing and mineral exploitation in the area…. The two Prime Ministers are of the opinion, that the Agreement represents a historic landmark in the friendly relations between the two countries and heralds an era of even closer and more fruitful cooperation for their mutual benefit.”
- Sri Lanka is also a party to the Agreement for the Implementation of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UN Fish Stocks Agreement). Sri Lanka has ratified the UN Fish Stocks Agreement on 24 October 1996. Fishing Vessel Registration According to the Registration of Fishing Boats Regulations, 1980 (Gazette No. 109 of 3 October 1980) no person could use a local fishing boat to fish in Sri Lanka Waters unless a certificate of registration is issued in respect of such fishing boat by DG.
- Sri Lanka Coast Guard
- the Convention strengthens world peace, security, cooperation and friendly relations among all States.