History of UNCLOS
Historical context:
The United Nations Convention on the Law of the Sea (UNCLOS) is a comprehensive treaty that establishes the legal framework for maritime activities. Often referred to as the “Constitution for the Oceans,” UNCLOS addresses a wide range of issues, including navigation rights, territorial waters, exclusive economic zones (EEZ), continental shelf jurisdiction, and the exploitation of marine resources.
UNCLOS builds on basic principles on the Law of the Sea founded within International Law dating back centuries, including to Freedom of the Seas Doctrine (17th century) proposed by Hugo Grotius, establishing principle held that the seas were international territory and should be free for navigation by all. Also, the principle of the Territorial Sea dates back to the notion that a country’s territorial sea extended three nautical miles from its coastline, based on the range of a cannon shot.
Codifying previous treaties:
Before UNCLOS, several conventions and customary international laws governed maritime conduct. Key principles and treaties included the Geneva Conventions on the Law of the Sea (1958):** These included four treaties covering the territorial sea and contiguous zone, the high seas, fishing and conservation of living resources, and the continental shelf.
Negotiations Leading to UNCLOS
The limitations of earlier treaties and the growing complexity of maritime issues prompted the need for a comprehensive legal framework. This led to the United Nations convening the First Conference on the Law of the Sea (UNCLOS I) in 1958, followed by UNCLOS II in 1960. However, these conferences failed to address all pressing issues, particularly those related to the exploitation of marine resources and environmental protection.
UNCLOS III and Codification
The Third United Nations Conference on the Law of the Sea (UNCLOS III), held from 1973 to 1982, aimed to create a more comprehensive treaty. Key outcomes of the conference included:
- Territorial Sea: Extending territorial waters up to 12 nautical miles from the baseline (extending the previous 3 nautical mile “canon-firing-rang”e limit).
- Exclusive Economic Zone (EEZ): Establishing a zone up to 200 nautical miles from the baseline, within which coastal states have rights to explore and exploit marine resources.
- Continental Shelf: Defining the rights of states over the continental shelf, including the resources found there.
- High Seas: Affirming the freedom of the high seas for all states, including navigation, overflight, and the laying of cables and pipelines.
- Deep Seabed Mining: Establishing a regime for mining mineral resources in the deep seabed beyond national jurisdiction, overseen by the International Seabed Authority (ISA).
UNCLOS was adopted on December 10, 1982, and opened for signature.
Delayed Entry into Force and Part XI
Despite its adoption, UNCLOS did not enter into force until November 16, 1994. The delay was primarily due to disagreements over Part XI, which dealt with deep seabed mining. Developed countries, particularly the United States, were concerned about the provisions related to the sharing of benefits and technology transfer, which they felt were unfavorable to their interests.
To address these concerns, the 1994 Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea was negotiated. This supplementary agreement modified the original provisions of Part XI to make them more acceptable, facilitating the eventual widespread ratification of UNCLOS.
Summary
UNCLOS represents a significant milestone in international law, providing a comprehensive legal framework for maritime activities. Its development was marked by extensive negotiations and compromise, reflecting the diverse interests of the global community. The delayed entry into force due to Part XI negotiations highlights the challenges of balancing equitable resource distribution with the interests of technologically advanced nations. Today, UNCLOS remains a cornerstone of maritime law, guiding the peaceful and sustainable use of the world’s oceans.
