UNCLOS
UNITED NATIONS CONVENTION ON THE LAW OF THE SEA
Salient Features
Objectives
Maritime Zones
Passages and Duties
Source:
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United Nations Convention on the Law of the
Sea (UNCLOS)
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UNCLOS lays down a comprehensive regime of law and order in the
world’s oceans and seas.
The 1982 convention was signed by 117 states and it establishes rules
governing all uses of the ocean and its resources.
The convention also provides the framework for the development of a
specific area of law of the sea.
The convention is a lengthy document having 446 articles group in 7 parts
in 9 annexes.
UNCLOS came into force internationally on 16th Nov 1994.
The United Nations Convention on the Law of the Sea (UNCLOS) is an international
treaty which was adopted and signed in 1982. It replaced the four Geneva Conventions of
April, 1958, which respectively concerned the territorial sea and the contiguous zone,
the continental shelf, the high seas, fishing and conservation of living resources on the high
seas.
The Convention has created three new institutions on the international scene :
– the International Tribunal for the Law of the Sea
The International Tribunal for the Law of the Sea (ITLOS) is an independent
judicial body established by the 1982 United Nations Convention on the Law of the
Sea. It has jurisdiction over any dispute concerning the interpretation or application
of the Convention, and over all matters specifically provided for in any other
agreement which confers jurisdiction on the Tribunal. Disputes relating to the
Convention may concern the delimitation of maritime zones, navigation,
conservation and management of the living resources of the sea, protection and
preservation of the marine environment and marine scientific research.
– the International Seabed Authority
Made up of 167 Member States, and the European Union, the International
Seabed Authority is mandated under the UN Convention on the Law of the Sea to
organize, regulate and control all mineral-related activities in the international
seabed area for the benefit of mankind as a whole.
In so doing, ISA has the duty to ensure the effective protection of the marine
environment from harmful effects that may arise from deep-seabed related activities.
- the Commission on the Limits of the Continental Shelf
Purpose of the Commission
The purpose of the Commission on the Limits of the Continental Shelf (the
Commission or CLCS) is to facilitate the implementation of the United Nations
Convention on the Law of the Sea (the Convention) in respect of the establishment of
the outer limits of the continental shelf beyond 200 nautical miles (M) from the
baselines from which the breadth of the territorial sea is measured. Under the
Convention, the coastal State shall establish the outer limits of its continental shelf
where it extends beyond 200 M on the basis of the recommendation of the
Commission. The Commission shall make recommendations to coastal States on
matters related to the establishment of those limits; its recommendations and
actions shall not prejudice matters relating to the delimitation of boundaries between
States with opposite or adjacent coasts.
Functions of the Commission
Annex II to the Convention contains the provisions governing the
Commission. As set forth in article 3 of Annex II, the functions of the Commission are:
(a) To consider the data and other material submitted by
coastal States concerning the outer limits of the continental shelf in
areas where those limits extend beyond 200 nautical miles, and to
make recommendations in accordance with article 76 and the
Statement of Understanding adopted on 29 August 1980 by the Third
United Nations Conference on the Law of the Sea;
(b) To provide scientific and technical advice, if requested by
the coastal State concerned during preparation of such data.
In accordance with article 76(8), the Commission shall make
recommendations to coastal States on matters related to the establishment of the
outer limits of their continental shelf. The limits of the shelf established by a coastal
State on the basis of these recommendations shall be final and binding.
Sessions of the Commission
The Commission meets at United Nations Headquarters in New York. The
convening of these sessions and services to be provided are subject to approval by the
General Assembly of the United Nations in its annual resolutions on oceans and the
law of the sea.
The meetings of the Commission, its subcommissions and subsidiary bodies
are held in private, unless the Commission decides otherwise (Rule 23 - Public and
private meetings - of the Rules of Procedure of the Commission).
Information on the progress in the work of the Commission at its sessions is
contained in the statements by the Chairman.
Baseline
As otherwise provided in the UNCLOS convention, the normal baseline for measuring
the breadth of the territorial sea is the low-water line along the coast as marked on largescale charts officially recognized by the coastal State.
Objectives of the UNCLOS
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To promote the peaceful use of the seas and oceans;
To facilitate International Communications;
To enable equitable and efficient utilisation of ocean resources;
To protect and preserve the marine environment;
To promote Maritime safety.
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 the baseline determined in accordance with this
convention.
The outer limit of the territorial sea is the line every point of which is at a distance from the
baseline equal to the breadth of the territorial sea.
Where the coasts of two States are opposite or adjacent to each other, neither of the two
States is entitled, failing agreement between them to the contrary, to extend its territorial
sea beyond the median line every point of which is equidistant from the nearest points on
the baselines from which the breadth of the territorial seas of each of the two States is
measured.
Features of Territorial Sea
1. The foreign flag would have a right to innocent passage through the territorial
waters.
2. An innocent passage can be suspended temporarily in specified areas for the
coastal States security or to conduct a weapon exercise.
3. Criminal jurisdiction can be exercised by the coastal state on foreign flag
vessels in a territorial sea.
4. Civil jurisdiction can only be exercised if the vessel is passing through the
territorial sea after leaving the internal waters.
5. Transit passage is allowed for Ship through the state.
6. States may enact legislation concerning the safety of navigation, pollution
prevention, uncontrolled fishing activities, customs, immigration, health and
sanitary arrangements.
Contiguous zone
Contiguous zone generally extends 12 nautical miles beyond the territorial sea limit. It
consists of a combination of Revenue and Public health or Quarantine jurisdiction.
The coastal state can prejudice a foreign flag vessel beyond the territorial see if there
are reasonable grounds for assuming they are about to violate Customs or Public Health
Regulations
Exclusive Economic Zone (EEZ)
The exclusive economic zone shall not extend beyond 200 nautical miles from the
baselines from which the breadth of the territorial sea is measured.
In an Exclusive Economic Zone, the coastal state has the following rights:
1. Sovereign rights for the purpose of exploring and exploiting, conserving and
managing the natural resources, whether living or non-living, of the waters
superjacent to the seabed and of the seabed and its subsoil, and with regard
to other activities for the economic exploitation and exploration of the zone,
such as the production of energy from the water, currents and winds.
2. Can enact regulations on pollution and environmental protection.
3. Has exclusive right to construct artificial islands and security zones.
4. Has exclusive right to fishing and development of fish farms.
5. Can conduct scientific research and marine exploration.
The obligation of vessels in an exclusive economic zone:
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Freedom of navigation as in high seas.
Lay submarine cable/pipeline that is passing through EEZ.
Observe Pollution regulations as per the coastal state regulations.
Fishing gear if carried must be stored/secured condition. No fishing allowed.
Respect and comply with the security zones of the offshore installations,
artificial islands of the coastal state.
Continental shelf
The Continental shelf of a coastal state comprises of 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 200nm from the
baseline. Almost everywhere the shelves represent simply a continuation of the continental
landmass beneath the ocean margins.
A coastal state shall establish the outer edge of the continental margin wherever it
extends 200 Nautical Miles by procedures mentioned in this article.
The outer limit of the continental shelf shall not exceed 350 nautical miles from the
baseline, from which the breadth of the territory is measured.
High seas
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High Seas represents all that sea area which is not capable of forming part of
any sovereign state and are not included in the Exclusive Economic Zone, the
territorial waters or internal waters of a coastal state or the archipelagic
waters o the Archipelagic state.
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The High Seas are open to all states whether coastal or landlocked.
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Freedom on the high seas is exercised under the conditions laid down by the
convention and by other rules.
Under high Seas for both coastal and landlocked States:
1. Freedom of navigation.
2. Freedom of overflight.
3. Freedom of laying submarine cables and pipelines.
4. Freedom to construct artificial islands and other installations permitted under
international law.
5. Freedom of fishing, subject to the conditions.
6. Freedom of scientific research.
The high seas shall be reserved for peaceful purposes.
Right to Innocent Passage
Ships of all states whether coastal or landlocked enjoy the right of innocent passage
through the territorial waters.
Passage means navigation through the territorial sea for the purpose of:
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traversing that sea without entering internal waters or calling at a
roadstead or port facility outside internal waters; or
proceeding to or from internal waters or a call at such roadstead or port
facility.
Passage shall be continuous and expeditious. However, passage includes stopping
and anchoring, but only in so far as the same are incidental to ordinary navigation or are
rendered necessary by force majeure or distress or for the purpose of rendering assistance to
persons, ships or aircraft in danger or distress.
Salient features of the Innocent Passage
1. A passage is innocent so long as it is not prejudicial to the peace,
good order or security of the coastal State. Such passage shall take place in
conformity with this Convention and with other rules of international law.
2. Passage of a foreign ship shall be considered to be prejudicial to the
peace, good order or security of the coastal State if in the territorial sea it
engages in any of the following activities:
(a) any threat or use of force against the sovereignty, territorial
integrity or political independence of the coastal State, or in any other
manner in violation of the principles of international law embodied in
the Charter of the United Nations;
(b) any exercise or practice with weapons of any kind;
(c) any act aimed at collecting information to the prejudice of
the defence or security of the coastal State;
(d) any act of propaganda aimed at affecting the defence or
security of the coastal State;
(e) the launching, landing or taking on board of any aircraft;
(f) the launching, landing or taking on board of any military
device;
(g) the loading or unloading of any commodity, currency or
person contrary to the customs, fiscal, immigration or sanitary laws
and regulations of the coastal State;
(h) any act of willful and serious pollution contrary to this
Convention;
(i) any fishing activities;
(j) the carrying out of research or survey activities;
(k) any act aimed at interfering with any systems of
communication or any other facilities or installations of the coastal
State;
(l) any other activity not having a direct bearing on passage.
Right to Transit Passage (Strait Passage)
This applies to straits which are used for international navigation between one part of
the high seas or an exclusive economic zone and another part of the high seas or an exclusive
economic zone.
1. In straits, all ships and aircraft enjoy the right of transit passage, which shall
not be impeded; except that, if the strait is formed by an island of a State bordering
the strait and its mainland, transit passage shall not apply if there exists seaward of
the island a route through the high seas or through an exclusive economic zone of
similar convenience with respect to navigational and hydrographical characteristics.
2. Transit passage means the exercise in of the freedom of navigation and
overflight solely for the purpose of a continuous and expeditious transit of the strait
between one part of the high seas or an exclusive economic zone and another part of
the high seas or an exclusive economic zone. However, the requirement of
continuous and expeditious transit does not preclude passage through the strait for
the purpose of entering, leaving or returning from a State bordering the strait, subject
to the conditions of entry to that State.
3. Any activity which is not an exercise of the right of transit passage through a
strait remains subject to the other applicable provisions of UNCLOS.
Duties of Ships and Aircraft during Transit
1. Ships and aircraft, while exercising the right of transit passage, shall:
 proceed without delay through or over the strait;
 refrain from any threat or use of force against the sovereignty,
territorial integrity or political independence of States bordering the
strait, or in any other manner in violation of the principles of
international law embodied in the Charter of the United Nations;
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refrain from any activities other than those incidents to their normal
modes of continuous and expeditious transit unless rendered necessary
by force majeure or by distress;
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comply with other relevant provisions of this Part.
2. Ships in transit passage shall:
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comply with generally accepted international regulations, procedures and
practices for safety at sea, including the International Regulations for
Preventing Collisions at Sea;
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comply with generally accepted international regulations, procedures and
practices for the prevention, reduction and control of pollution from ships.
3. Aircraft in transit passage shall:
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observe the Rules of the Air established by the International Civil Aviation
Organization as they apply to civil aircraft; state aircraft will normally
comply with such safety measures and will at all times operate with due
regard for the safety of navigation;
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at all times monitor the radio frequency assigned by the competent
internationally designated air traffic control authority or the appropriate
international distress radio frequency.
Right of Unimpeded Transit Passage
An unimpeded transit passage is freedom of navigation or passage solely for the
purpose of transiting a strait connecting one area of a High Seas to another are of High Seas
(or EEZ to EEZ). This does not preclude passage through the strait for the purpose of
entering a port or coastal state bordering the strait subject to conditions of entry of that
state.
Difference between Right to Innocent Passage and Right
to Unimpeded Transit Passage
Right to Innocent Passage
Right to Unimpeded Transit Passage
1. may be suspended by the coastal state on 1. can never be suspended in times of peace
account of its own security.
or war.
2. submarines transiting territorial waters
2. submarines may transit submerged and
have to do so on the surface and show their
no need to show their flag.
flag.
3. warships transiting the territorial waters
of another state may be subject to
3. No such thing applies within straits.
provisions of prior notification or
permission.
4. does not apply to airspace above it.
4. right to passage for aircraft using airspace
over it.
Archipelagic States and Archipelagic Waters
An “archipelagic State” means a State constituted wholly by one or more
archipelagos and may include other islands. It is a designation used for island countries, in
which “archipelago” means a group of islands, including parts of islands, interconnecting
waters and other natural features which are so closely interrelated that such islands, waters
and other natural features form an intrinsic geographical, economic and political entity, or
which historically have been regarded as such.
1. Archipelagic baselines determine the breadth of the territorial sea, contiguous
zone and EEZ for a given archipelagic state.
2. These waters are given special status by UNCLOS on account of their natural
resources, but the status is applicable only for mid-ocean states having more than
one or more archipelago.
3. The sovereignty of an archipelagic state extends to the waters enclosed by the
archipelagic baseline and are described as archipelagic waters, regardless of their
depth or distance from the coast.
4. This sovereignty extends to the airspace above and the subsoil below archipelagic
waters.
5. Ships of all states enjoy the right of innocent passage through archipelagic waters.
6. An archipelagic state may suspend this innocent passage if this is essential for the
protection of its security, such suspension shall take effect only after being duly
published.
Duties of Flag State under UNCLOS
When a State assumes legal authority over a ship by grant of its flag, the State also
assumes a certain obligation to take measures to ensure that the vessel, viewed both as an
instrument of navigation and a collective of ship-users, acts in a fashion consistent with
international law.
1. Every State shall effectively exercise its jurisdiction and control in administrative,
technical and social matters over ships flying its flag.
2. In particular, every State shall:
1. maintain a register of ships containing the names and particulars of
ships flying its flag, except those which are excluded from generally
accepted international regulations on account of their small size; and
2. assume jurisdiction under its internal law over each ship flying its flag
and its master, officers and crew in respect of administrative, technical
and social matters concerning the ship.
3. Every State shall take such measures for ships flying its flag as are necessary to
ensure safety at sea with regards, inter alia, to :
1.
2.
the construction, equipment and seaworthiness of ships;
the manning of ships, labour conditions and the training of crews,
taking into account the applicable international instruments; the use of
signals, the maintenance of communications and the prevention of
collisions.
4. Such measures shall include those necessary to ensure
1.
that each ship, before registration and thereafter at
appropriate intervals, is surveyed by a qualified surveyor of ships and
has on board such charts, nautical publications and navigational
equipment and instruments as are appropriate for the safe navigation of
the ship
2.
that each ship is in the charge of a master and officers who possess
appropriate qualifications, in particular in seamanship, navigation,
communications and marine engineering, and that the crew is
appropriate in qualification and numbers for the type, size, machinery
and equipment of the ship;
3.
that the master, officers and, to the extent appropriate, the crew
are fully conversant with and required to observe the applicable
international regulations concerning the safety of life at sea, the
prevention of collisions, the prevention, reduction and control of marine
pollution, and the maintenance of communications by radio.
5. In taking the measures each State is required to conform to generally accepted
international regulations, procedures and practices and to take any steps which
may be necessary to secure their observance.
6. A State which has clear grounds to believe that proper jurisdiction and control with
respect to a ship have not been exercised may report the facts to the flag State.
Upon receiving such a report, the flag State shall investigate the matter and, if
appropriate, take any action necessary to remedy the situation.
7. Each State shall cause an inquiry to be held by or before a suitably qualified person
or persons into every marine casualty or incident of navigation on the high seas
involving a ship flying its flag and causing loss of life or serious injury to nationals
of another State or serious damage to ships or installations of another State or to
the marine environment. The flag State and the other State shall co-operate in the
conduct of any inquiry held by that other State into any such marine casualty or
incident of navigation.”
Rights and Duties of a Coastal State
Innocent Passage of a Vessel (Territorial Waters)
1. The coastal State may adopt laws and regulations, in conformity with the
provisions of this Convention and other rules of international law, relating to
innocent passage through the territorial sea, in respect of all or any of the
following:
1.
2.
the safety of navigation and the regulation of maritime traffic;
the protection of navigational aids and facilities and other
facilities or installations;
3.
the protection of cables and pipelines;
4.
the conservation of the living resources of the sea;
5.
the prevention of infringement of the fisheries laws and
regulations of the coastal State;
6.
the preservation of the environment of the coastal State and
the prevention, reduction and control of pollution thereof;
7.
8.
marine scientific research and hydrographic surveys;
the prevention of infringement of the customs, fiscal,
immigration or sanitary laws and regulations of the coastal State.
2. Such laws and regulations shall not apply to the design, construction, manning
or equipment of foreign ships unless they are giving effect to generally
accepted international rules or standards.
3. The coastal State shall give due publicity to all such laws and regulations.
4. Foreign ships exercising the right of innocent passage through the territorial
sea shall comply with all such laws and regulations and all generally accepted
international regulations relating to the prevention of collisions at sea.
Contiguous Zone
In a zone contiguous to its territorial sea, described as the contiguous zone,
the coastal State may exercise the control necessary to:
1. prevent infringement of its customs, fiscal, immigration or sanitary
laws and regulations within its territory or territorial sea;
2. punish infringement of the above laws and regulations committed
within its territory or territorial sea.
3. Vessels which infringe these laws may be detained by the state within
this zone.
4. Foreign vessels have a right to innocent passage.
Exclusive Economic Zone
In the exclusive economic zone, the coastal State has:
1. Sovereign rights for the purpose of exploring and exploiting,
conserving and managing the natural resources, whether living or
non-living, of the waters superjacent to the seabed and of the seabed
and its subsoil, and with regard to other activities for the economic
exploitation and exploration of the zone, such as the production of
energy from the water, currents and winds;
2. Jurisdiction as provided for in the relevant provisions of this
Convention with regard to:
1. the establishment and use of artificial islands,
installations and structures;
2. marine scientific research;
3. the protection and preservation of the marine
environment;
3. The coastal state may extend their jurisdiction if necessary to ensure
compliance with laws and regulations adopted by it.
Continental Shelf
In the Continental Shelf, the coastal State can:
1. Exercises over the continental shelf sovereign rights for the
purpose of exploring it and exploiting its natural resources.
2. If the coastal State does not explore the continental shelf or
exploit its natural resources, no one may undertake these activities
without the express consent of the coastal State.
3. The rights of the coastal State over the continental shelf do
not depend on occupation, effective or notional, or on any express
proclamation.
4. All states are entitled to lay Submarine Cables and pipelines
on the continental shelf. Coastal states may not impede the laying or
maintenance of such cables or pipelines.
Piracy as per UNCLOS
Definition
1. Piracy is defined as any illegal acts of violence or detention, or any act of
depredation committed for private ends by the crew or the passengers of a
private ship or a private aircraft and directed:
1.
on the high seas, against another ship or aircraft, or
against persons or property on board such ship or aircraft;
2.
against a ship, aircraft, persons or property in a place
outside the jurisdiction of any State;
2. any act of voluntary participation in the operation of a ship or of an aircraft
with knowledge of facts making it a pirate ship or aircraft;
3. any act of inciting or of intentionally facilitating an act described above.
A ship or aircraft is considered a pirate ship or aircraft if it is intended by the persons
in dominant control to be used for the purpose of committing one of the acts referred above.
The same applies if the ship or aircraft has been used to commit any such act, so long as it
remains under the control of the persons guilty of that act.
A ship or aircraft may retain its nationality although it has become a pirate ship or
aircraft. The retention or loss of nationality is determined by the law of the State from which
such nationality was derived.
On the high seas, or in any other place outside the jurisdiction of any State, every
State may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the
control of pirates, and arrest the persons and seize the property on board. The courts of the
State which carried out the seizure may decide upon the penalties to be imposed, and may
also determine the action to be taken with regard to the ships, aircraft or property, subject to
the rights of third parties acting in good faith.
All States shall cooperate to the fullest possible extent for repression of piracy on the
high seas or in another place outside the jurisdiction of any state.
Where the seizure of a ship or aircraft on suspicion of piracy has been effected
without adequate grounds, the State making the seizure shall be liable to the State the
nationality of which is possessed by the ship or aircraft for any loss or damage caused by the
seizure.
A seizure on account of piracy may be carried out only by warships or military aircraft,
or other ships or aircraft clearly marked and identifiable as being on government service and
authorized to that effect.
All States shall cooperate in the suppression of illicit traffic in narcotic drugs and
psychotropic substances engaged in by ships on the high seas contrary to international
conventions.
All States shall cooperate in the suppression of unauthorized broadcasting from the
high seas.
Right of Hot Pursuit
1. The hot pursuit of a foreign ship may be undertaken when the competent
authorities of the coastal State have good reason to believe that the ship has
violated the laws and regulations of that State.
1.
Such pursuit must be commenced when the foreign ship or
one of its boats is within the internal waters, the archipelagic waters,
the territorial sea or the contiguous zone of the pursuing State, and
may only be continued outside the territorial sea or the contiguous
zone if the pursuit has not been interrupted. It is not necessary that,
at the time when the foreign ship within the territorial sea or the
contiguous zone receives the order to stop, the ship giving the order
should likewise be within the territorial sea or the contiguous zone.
2.
If the foreign ship is within a contiguous zone, the pursuit
may only be undertaken if there has been a violation of the rights
for the protection of which the zone was established.
2. The right of hot pursuit shall apply mutatis mutandis to violations in the exclusive
economic zone or on the continental shelf, including safety zones around
continental shelf installations, of the laws and regulations of the coastal State
applicable in accordance with this Convention to the exclusive economic zone or
the continental shelf, including such safety zones.
3. The right of hot pursuit ceases as soon as the ship pursued enters the territorial sea
of its own State or of a third State.