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UNCLOS
Compiled by S.G.Deshpande for IMEI MEO Class 1batch June 2019

The United Nations Convention on the Law of the Sea, also known as UNCLOS III, is the
general legal framework within which all activities in the oceans and seas are regulated.
The UNCLOS III, was adopted in 1982. It entered into force in 1994.

(a) Objectives of the UNCLOS III

1. Division of coastal waters into zones to establish coastal state jurisdiction
2. Establishment of continental shelf and its extension for ownership on seabed and
sub-sea resources
3. Peaceful navigation on the seas and oceans and prevention of illegal, unlawful
activities.
4. Provide mechanism for peaceful settlement of international maritime disputes
5. Prevention of pollution and protection and conservation in the marine environment
6. Establishing framework for member states to control shipping through the roles of
flag state, coastal state and port state.
7. Provide mechanism for exploitation and sharing of resources of the high seas

(b) Various zones and limits(This is abrief outline. See UNCLOS Articles for full definitions)

Territorial Sea : The territorial sea is a belt of sea adjacent to a coastal state, the breadth of
which may not exceed 12 nautical miles measured from its baselines. The normal baseline is
the low water mark along the coast but, where a coastline is heavily indented or where there is
a fringe of islands in its immediate vicinity, straight baselines may be drawn connecting points
on land (as has been done on the west and south coasts of Ireland), exercise sovereignty over
their territorial sea and have the right to establish its breadth up to a limit of 12 nautical miles.
Foreign vessels are allowed “innocent passage” through territorial seas.

Internal Waters : All waters lying landward of the baselines are the internal waters of the state
and invariably include harbour waters and estuaries. In international law the sovereignty of a
costal state extends beyond its land territory and internal waters to its territorial seas.

Exclusive Economic Zone : The exclusive economic zone (EEZ) is the zone immediately
adjacent and beyond the territorial seas extending to a distance of 200 nautical miles from the
baselines. In the EEZ the coastal state enjoys sovereign rights over the exploitation,
conservation and management of living and non-living natural resources and exercises
jurisdiction over marine scientific research and for the protection of the marine environment.
Ireland has declared an Exclusive Fisheries Zone and a Pollution Response Zone, which allow
it to claim a range of rights and obligations somewhat less than those attaching to an EEZ.

Continental Shelf : Continental shelf is a geographical area and not a zone. Coastal states have
sovereign rights over the continental shelf (the area of the seabed) for exploring and exploiting
its natural resources. The continental shelf can extend 350 nautical miles from the shore, under
certain circumstances. All marine scientific research in the EEZ and on the continental shelf is
subject to the consent of the coastal state, but in most cases they are obliged to grant consent
to other states when the research is to be conducted for peaceful purposes and fulfills specified
criteria.

The High Seas : Is all that sea area which is not part or zone of any State. All states enjoy the
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Compiled by S.G.Deshpande for IMEI MEO Class 1batch June 2019

traditional freedoms of navigation, over flight, scientific research and fishing on the high seas,
and are obliged to adopt, or cooperate with other states in adopting, measures to manage and
conserve living resources. All States are entitled to lay submarine cables and pipelines on the
bed of high seas. Meaning of “Innocent passage”

Meaning of “passage” 1. Passage of ship or aircraft is innocent so long as it is does not hamper to
(Art. 18) the peace, good order or security of the coastal State.

1. Passage means navigation
through the territorial sea for the
purpose of:
(a) traversing that sea without
entering internal waters or calling
at a roadstead or port facility
outside internal waters; or
(b) proceeding to or from internal
waters or a call at such roadstead
or port facility.
2. Passage shall be continuous and
expeditious.
3. However, passage includes
stopping and anchoring, which are
part of ordinary navigation or are
necessary due to force majeure or
distress or for the purpose of
rendering assistance to persons,
ships or aircraft in danger or
distress.
2. A foreign ship shall be considered hampering the peace etc. 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 territorial integrity or political
independence of the coastal State.
(b) any exercise or practice with weapons of any kind;
(c) any act aimed at collecting information about the defence or
security of the coastal State;
(d) any act of propaganda aimed at affecting the security of the coastal
State;
(e) the launching, landing or taking on board of any aircraft;
(f) the landing or taking on board of any military device; loading or
unloading of any goods, currency or person contrary to the customs &
other laws of the State
(h) any act of wilful and serious pollution;
(i) any fishing activities
(j) the carrying out of research or survey activities
(k) any act aimed at interfering with any systems of communication.

(c) Settlement of Disputes:UNCLOS provides a comprehensive system for the settlement of

disputes regarding the interpretation and application of the Convention. It requires states
to settle such disputes by peaceful means. However, if parties fail to reach a settlement by
peaceful means of their own choice, they are obliged to resort to compulsory dispute
settlement procedures.

(d) The Convention provides alternative means for the compulsory settlement of disputes: (1)
the International Tribunal for the Law of the Sea, (details given in a paragraph below) (2)
the International Court of Justice and (3) arbitral tribunal constituted in accordance with
the Convention. States are free to choose one or more of these means by a written
declaration to be made to the UN Secretary-General.

The International Tribunal for the Law of the Sea is a 21-member, independent judicial
body with the role of adjudicating disputes arising out of the interpretation and application
of the Convention. Unless the parties agree otherwise, the jurisdiction of the Tribunal is
mandatory in cases relating to the prompt release of vessels and crews.

(e) Resources of the high seas

International Seabed Area : The international seabed area (known as “the Area”) consists
of the seabed and ocean floor, and the subsoil thereof, beyond the limits of any nation’s
jurisdiction. The resources of the international seabed area (defined as “all solid, liquid or
gaseous mineral resources in situ in the Area at or beneath the seabed, including
polymetallic nodules”) are considered the common heritage of mankind, with the result that
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the benefits from deep-seabed mining are to be shared on an equal basis among states.

International Seabed Authority (ISA)

The International Seabed Authority was established in 1994.party to the Law of the Sea
Convention. Its responsibility was to administer the resources of the Area. Exploration and
mining in the international seabed area can only be carried out under a contract issued by
the ISA. It is the role of the ISA to ensure that exploration is conducted in accordance with
the terms of the contract. Once the exploration becomes profitable, royalties must be paid
to the ISA to be distributed equally, taking into account the needs of developing countries.

(f) Protection of the Environment

UNCLOS definition of pollution

'pollution of the marine environment' means the introduction by man, directly or indirectly,
of substances or energy into the marine environment, including estuaries, which results or
is likely to result in such deleterious effects as harm to living resources and marine
life, hazards to human health, hindrance to marine activities, including fishing and other
legitimate uses of the sea, impairment of quality for use of sea water and reduction of
amenities.

The UNCLOS addresses Protection and Preservation of the Marine Environment and gives
basic obligations to prevent, reduce and control pollution from land-based sources;
pollution from sea-bed activities subject to national jurisdiction; pollution from activities
in the Area; pollution by dumping; pollution from vessels; and pollution from or through
the atmosphere. Following are key features of UNCLOS requirements.

▪ Coastal States have rights in a 200-nautical mile exclusive economic zone (EEZ)
with respect to natural resources and certain economic activities, and exercise
jurisdiction over marine science research and environmental protection
▪ Coastal States have rights over the continental shelf for exploring and exploiting it.
▪ States bordering enclosed seas are expected to cooperate in managing living
resources, environmental and research policies and activities
▪ States are bound toprevent and control marinepollution and are liable for damage
caused by violation of their international obligations to combat such pollution
▪ All marine scientific research in the EEZ and on the continental shelf is subject to
the consent of the coastal State, but in most cases they are obliged to grant consent
to other States when the research is to be conducted for peaceful purposes and fulfils
specified criteria.

(g) Flag State Control (FSC) and UNCLOS

Flag State is the State whose flag the ship is entitled to fly and the ship has the nationality of
the Flag State. The member States of UNCLOS when acting as Flag States in respect of ships
under their flag are required by UNCLOS to abide by the following requirements.

1. Fix conditions for grant of its nationality and flag to ships

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Compiled by S.G.Deshpande for IMEI MEO Class 1batch June 2019

2. Maintain a register containing names and other particulars of ships flagged by them.
3. Exercise control on Construction, equipment and seaworthiness of ships (Safety)
4. Take measures to ensure safe manning of ships, proper labour conditions on board,
training and certification of seafarers(Social matters)
5. Conduct an enquiry into every marine casualty involving loss of life, injury to persons,
loss or damage to property and damage to marine environment.

(h) UNCLOS and Piracy and other illegal acts

All member States are required by UNCLOS to co-operate in (1) suppression of piracy on high
seas. For this purpose Piracy is defined as “Any illegal act of violence or detention committed
for private ends by the crew or the passengers of a private ship or aircraft” (2) suppression of
illicit traffic in narcotics, drugsand psychotropic substances.

Space for notes