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

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

• UNCLOS is an international treaty that provides a comprehensive legal framework for the world’s oceans and seas.
• Adoption: It was adopted in 1982 at Montego Bay, Jamaica.
  • It entered into force in 1994.
• Predecessor: It replaced the four 1958 Geneva Conventions dealing with maritime zones, continental shelf, high seas, and marine resources.
• Members: It has 168 parties, including the European Union.
  • While the United States has neither signed nor ratified it.
  • India’s Position: India signed and ratified UNCLOS in 1995.
• Secretariat: The Division for Ocean Affairs and the Law of the Sea (DOALOS) of the Office of Legal Affairs of the United Nations serves as the secretariat of the Convention on the Law of the Sea.
• Key Maritime Zones: UNCLOS divides ocean spaces into five main zones measured from a coastal baseline:
  • Internal Waters: These waters lie landward of the baseline, where the coastal state has full sovereignty.
  • Territorial Sea: It extends up to 12 nautical miles, with foreign ships enjoying the right of innocent passage.
  • Contiguous Zone: It extends up to 24 nautical miles and allows action against violations of customs, fiscal, immigration, and sanitation laws.
  • Exclusive Economic Zone: It extends up to 200 nautical miles, giving coastal states rights over living and non-living resources.
  • High Seas: These areas are outside national jurisdiction and are open to all nations under international rules.
• Specialized Bodies: The Convention has created three new institutions on the international scene :
  • International Tribunal for the Law of the Sea: It settles disputes related to the interpretation and application of UNCLOS.
  • International Seabed Authority: It regulates mineral-related activities in the international seabed area.
  • Commission on the Limits of the Continental Shelf: It examines submissions by coastal states on the outer limits of their continental shelf.
• Key Features:
  • Peaceful Use: It promotes the peaceful use of the oceans.
  • Resource Management: It regulates the use and management of marine resources.
  • Marine Conservation: It promotes conservation of living resources and preservation of the marine environment.
  • Legal Framework: It establishes rules governing States’ rights and jurisdiction in maritime spaces.