This presentation is prepared by me for Fisheries Legislation and Administration Course, FRM Department in CIFE Mumbai,

1. UNCLOS
United Nation Convention on Law Of the Sea
Presentation Part 1
Presented by
Shravan kr sharma and Abdolhakim
2013/4/7 UNCLOS 1

2. Historical perspectives
International negotiations (समझौता) &
settlement over seas
Conflict management
Shared stocks
2013/4/7 UNCLOS 2

3. History
•17th century - freedom of the sea doctrine
"free to all and belonging to none"
Mid of 20th century - extends national claims over offshore
resources
1945 - President Harry S Truman - extended US jurisdiction
over all the natural resources on the nations continental shelf
- oil, gases, minerals etc..
october 1946 - Argentina claimed continental shelf and sea
above it.
1947 - Chile, Peru and Equador asserted sovereign rights
over a 200 mile zone to protect fish stock.
2013/4/7 UNCLOS 3

4. • 28th May 1976 - India declared the
territorial waters, continental shelf, EEZ
and and other maritime zones
2013/4/7 UNCLOS 4

5. UNCLOS 1 1
In 1956, the United Nations held its first Conference on the Law of the
Sea (UNCLOS I) at Geneva, Switzerland.
Eighty-six nations participated
UNCLOS I resulted in four treaties concluded in 1958:
1. Convention on the High Seas, entry into force: 30 September 1962
2. Convention on the Continental Shelf, entry into force: 10 June 1964
3. Convention on the Territorial Sea and Contiguous Zone, entry into
force: 10 September 1964
4. Convention on Fishing and Conservation of Living Resources of the
High Seas, entry into force: 20 March 1966 .
2013/4/7 UNCLOS 5

6. 1. Convention on the High Seas
Freedom of Navigation, Freedom of Overflight,
Freedom of Fishing, Freedom to lay Cables
and Pipelines
2. Convention on the Continental Shelf
Coastal nations have sovereignty right over the
seabed and its resources, but not over the
water and airspace above the seabed
2013/4/7 UNCLOS 6

7. 3. Convention on Territorial Seas and Contiguous
Zones
•established sovereignty rights of passage through
the territorial sea,
•established the Contiguous Zone to extend 12
nautical miles from the baselines,
•but failed to set standards of limits on the territorial
sea
4. Convention on Fishing and Conservation of
the Living Resources of the High Seas
•established the right of coastal nations to protect
living ocean resources,
2013/4/7 UNCLOS 7

8. UNCLOS II, 1960
Goal was to resolve specific problems left by UNCLOS I
Width of Territorial Seas
Fisheries Limits
The six-week Geneva conference did not result in any new
agreements
No agreement reached on either issue!
2013/4/7 UNCLOS 8

9. UNCLOS III, 1973-1982
585 Days over a 9-year period
participation of 160 nations
UNCLOS is one of the largest history
contains 320 articles and 9 annexes
The agreement addresses a myriad of issues including
 navigational rights of ships and aircraft,
limits on the extension of national sovereignty over the
oceans,
environmental protection of the oceans, conservation of
living resources and mining rights
2013/4/7 UNCLOS 9

10. UNCLOS was first signed in December of 1982
Treaty Came in to Force in 1994
Many Nations have not Signed the Treaty
UNCLOS required 60 signatures for ratification and could only enter into
force one year after the final nation had ratified or acceded to the treaty.
The main reason many nations took so long to sign the treaty is because of
Article 309, i.e, "No reservation or exeptions may be made to this
convention unless expressly permited by other articles of this
convention".
some of the terms of the agreement did not sit well with various nations
2013/4/7 UNCLOS 10

11. Important agreements reached at UNCLOS III
 territorial sea up to a limit not exceeding 12 nautical
miles.
Contiguous zone up to 24 nautical miles from the
shoreline for purposes of enforcement of customs, fiscal,
immigration, or sanitary laws.
Exclusive economic zone up to 200 nautical miles from
the shoreline for purposes of exploring and exploiting,
conserving and managing the natural resources, whether
living or non-living
2013/4/7 UNCLOS 11

12. The resources of the seabed and ocean floor and subsoil thereof
beyond the limits of national jurisdiction are the common heritage of
mankind. (to all)
An International Seabed Authority will organize, carry out, and
control activities associated with the exploitation of the resources of
the international seabed.
A parallel system will be established for exploring and exploiting
the international seabed, one involving private and state ventures
and the other involving the Authority.
A so-called Enterprise will carry out activities in the international
seabed for the Authority and will be responsible for transporting,
processing, and marketing minerals recovered from the international
seabed.
2013/4/7 UNCLOS 12

13. Countries that have not ratified UNCLOS III
Cambodia, Congo, North Korea, Dominican
Republic, Ecuador, Erithrea, Estonia, Iran,
Israel, Latvia, Liberia, Libya, Morocco, Niue,
Peru, Syria, Thailand, East Timor, Turkey,
Venezuela, and 21 landlocked states including
Afghanistan, Ethiopia, and Niger
2013/4/7 UNCLOS 13

14. 2013/4/7 UNCLOS 14

15. Divisions of Ocean Areas
Baselines
The baseline is the boundary from which a nation may begin
measurements to determine the portion of the adjacent
oceans or continental shelf over which it may exercise
sovereignty.
Baseline is the low-water line along the coast
2013/4/7 UNCLOS 15

16. Internal waters
Internal waters are those that are contained on the landward
side of the baseline.
These waters fall under the exclusive sovereignty of the
nation in which they are contained.
2013/4/7 UNCLOS 16

17. Territorial Sea
extends up to 12 nautical miles from the baselines (Article
3)
Within the territorial sea, a nation has exclusive sovereignty
over the water, seabed, and airspace
By the late 1960's- 8 Nations were claiming 200 nautical
miles
3 nautical miles(25 Nations), 12 nautical miles (66 Nations),
4-10 nautical miles (15 Nations)
2013/4/7 UNCLOS 17

18. limits of territorial sea
Article 3 - Breadth of 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 baselines.
Article 4 - Outer limit of the territorial sea
The outer limit of the territorial sea is the
line every point of which is at a distance
from the nearest point of the baseline
equal to the breadth of the territorial sea.
2013/4/7 UNCLOS 18

19. Article 5 - Normal baseline
Except where otherwise provided in this
Convention, the normal baseline for measuring
the breadth of the territorial sea is the low-water
line along the coast as marked on large-scale
charts officially recognized by the coastal State.
Art 6 - Reefs
In the case of islands situated on atolls or of
islands having fringing reefs, the baseline for
measuring the breadth of the territorial sea is the
seaward low-water line of the reef, as shown by
the appropriate symbol on charts officially
recognized by the coastal State.
2013/4/7 UNCLOS 19

20. Contiguous Zone
Art 33:
The Contiguous Zone is a region of the seas
measured from the baseline to a distance of
24 nautical miles.
Within this region, a nation may exercise the
control necessary to prevent the infringement
(उ्लंघन)of its customs, fiscal, immigration or
sanitary laws and regulations within its
territory
2013/4/7 UNCLOS 20

21. Exclusive Economic Zone (EEZ)
a region that stretches a distance of no more than 200
nautical miles from a nation's baselines
Within its EEZ, a nation may exploit the natural resources
(both living and inanimate) found both in the water and on
the seabed, may utilize the natural resources of the area for
the production of energy (including wind and wave/current),
may establish artificial islands, conduct marine scientific
research, pass laws for the preservation and protection of
the marine environment, and regulate fishing
2013/4/7 UNCLOS 21

22. Q what is the reason for taking only 200 nm ?
Ans -
most lucrative fishing grounds lie within 200 nautical
miles from the coast as this is where the richest
phytoplankton (the basic food of fish) lies.
contain about 87% of all of the known and
estimated hydrocarbon reserves as well as almost all
offshore mineral resources.
contain almost 99% of the world's fisheries, which
allows nations to work to conserve the oceans vital
and limited living resources
2013/4/7 UNCLOS 22

23. Continental Shelf
Continental shelf is a real, naturally-occurring geological
formation.
It is a gently sloping undersea plain between the above-water
portion of a landmass and the deep ocean
2013/4/7 UNCLOS 23

24. Continental shelf & Continental slope
2013/4/7 UNCLOS 24

25. High Seas
Waters beyond a nation's EEZ are considered
to be the high seas (art 86)
The high seas are open to all States, whether
coastal or land locked.
On the high seas, nations are permitted freedom
of navigation and overflight, freedom to lay
submarine cables and pipelines, freedom to
construct artificial islands, freedom of fishing,
and freedom of scientific research (art 87)
2013/4/7 UNCLOS 25

26. EXCLUSIVE ECONOMIC ZONE
Article 55:
Specific legal regime of the exclusive economic zone
Defines the EEZ as the zone just beyond the
territorial waters and there the rights and
jurisdictions of the coastal states are goverened.
2013/4/7 UNCLOS 26

27. Article 56:
Rights, jurisdiction and duties of the
coastal State in the exclusive
economic zone
(a) sovereign rights for the purpose of exploring and
exploiting, conserving and managing the natural
resources
(b) rights - the establishment and use of artificial
islands, installations and structures marine scientific
research the protection and preservation of the
2013/4/7 marineUNCLOS
Environment 27

28. Article 57
Breadth of the exclusive economic zone
The exclusive economic zone shall not extend
beyond 200 nautical miles from the baselines
from which the breadth of the territorial sea is
measured
Article 58
Rights and duties of other States in the
exclusive economic zone - all the states
whether coastal or land locked, enjoys
freedoms of free navigation, overflight,
lying of submarine cables or pipelines.
2013/4/7 UNCLOS 28

29. Article 59
Basis for the resolution of conflicts regarding the
attribution of rights and jurisdiction in the EEZ -
conflict should be resolved on the basis of equity.
Article 60
Artificial islands, installations and structures in
EEZ
Article 61
Conservation of the living resources
The coastal State shall determine the allowable catch
of the living resources in its exclusive economic zone.
2013/4/7 UNCLOS 29

30. Article 62
Utilization of the living resources
1. The coastal State shall promote the objective
of optimum utilization of the living resources in
the exclusive economic zone without prejudice to
Article 61
2. The coastal State shall determine its capacity
to harvest the living resources of the exclusive
economic zone.
Article 64 - Highly migratory species
Artical 65 - Marine Mammals
2013/4/7 UNCLOS 30

31. High seas
Article 87
Freedom of the high seas
The high seas are open to all States, whether coastal or land-
locked.
a.freedom of navigation
b.freedom of over flight
c.freedom to lay submarine cables and pipelines
d.freedom to construct artificial islands and other installations
permitted under international law
e.freedom of fishing
f.freedom of scientific research
2013/4/7 UNCLOS 31

32. Article 89
Invalidity of claims of sovereignty over the high
seas
No State may validly purport to subject any part of
the high seas to its sovereignty
Article 90
Right of navigation
Every State, whether coastal or land-locked, has the
right to sail ships flying its flag on the high seas
2013/4/7 UNCLOS 32

33. Conservation and Management of The
Living Resources of the High Seas
Article 116
Right to fish on the high seas
All States have the right for their nationals to engage in fishing on the
high seas
Article 117
Duty of States to adopt with respect to their nationals
measures for the conservation of the living resources of the
high seas
All States have the duty to take, or to cooperate with other States in
taking, such measures for their respective nationals as may be necessary for
2013/4/7 the conservation of the living resources of the high seas.
UNCLOS 33

34. Article 118
Cooperation of States in the conservation and
management
of living resources
 States shall cooperate with each other in the conservation
and management of living resources in the areas of the high
seas
 States whose nationals exploit identical living resources,
or different living resources in the same area, shall enter into
negotiations with a view to taking the measures necessary
for the conservation of the living resources concerned
2013/4/7 UNCLOS 34

35. Article 119
Conservation of the living resources of the high seas
1. determining the allowable catch and establishing other
conservation measures
a.take measures which are designed, on the best scientific
evidence available to the States
b.take into consideration the effects on species level at which
their reproduction may become seriously threatened
2. exchange of available scientific information (catch and fishing
effort statistics, and other data) on a regular basis through
competent international organizations
3. conservation measures and their implementation do not
discriminate in form or in fact UNCLOS the fishermen of any State
2013/4/7
against 35

36. Article 120
Marine mammals
Article 65 also applies to the conservation and management
of marine mammals in the high seas
2013/4/7 UNCLOS 36

37. ENCLOSED OR SEMI-ENCLOSED SEAS
Article 122
Definition
"enclosed or semi-enclosed sea“ means a gulf, basin or sea
surrounded by two or more States and connected to another
sea or the ocean by a narrow outlet or consisting entirely or
primarily of the territorial seas and exclusive economic zones
of two or more coastal States
Article 123
Cooperation of States bordering enclosed or semi-enclosed
seas
States bordering an enclosed or semi-enclosed sea should cooperate
with each other in the exercise of their rights and in the performance
of their duties under this Convention
2013/4/7 UNCLOS 37

38. UNCLOS (Presentation part 2)
By
Shravan sharma and Abdulhakim

39. Some overview of last
presentation
• UNCLOS III was convened in late 1973 in New
York.
• Most significant issues covered were setting limits,
navigation, archipelagic status and transit regimes,
exclusive economic zones (EEZs), continental shelf
jurisdiction, deep seabed mining, the exploitation
regime, protection of the marine environment,
scientific research, and settlement of maritime
boundary disputes.
• As time went on, it became clear that the United
States, among other developed states, was not
willing to agree to Part XI of the Convention
concerning deep seabed portions and mining of
potentially valuable metals

40. • The United States objected to Part XI of the
Convention on several grounds, arguing that
the treaty was unfavorable to American
economic and security interests.
• The U.S. claimed that the provisions of the
treaty were not free-market friendly and were
designed to favor the economic systems of
the Communist states.

41. Controvercy for International
seabed Authority (ISA)
• The United States is the only - that has not ratified the
Convention give arguments being a charge that the ISA is
unnecessary.
• In its original form, the Convention included certain
provisions that some found objectionable, such as:
 Imposition of permit requirements, fees and taxation on
seabed mining;
 Use of collected money for wealth redistribution in addition
to ISA administration
 Mandatory technology transfer

42. • 1994 Agreement on Implementation that somewhat
mitigates them and thus modifies the ISA's authority
• Despite this change the United States has not ratified the
Convention and so is not a member of ISA, although it
sends sizable delegations to participate in meetings as
an observer (think on it)
• On 31 October 2007 the Foreign Relations Committee of
the United States Senate, by a vote of 17 to 4,
recommended ratification, and President George W.
Bush publicly supported U.S. accession to the
Convention; no date has yet been set for action by the
full Senate.

43. Part X Right of land-locked states to and from
the sea and freedom of transit
Art: 125 - Right to access to and from the sea and freedom
of transit.
Art: 127 - Custom duties, taxes and other charges. - no any
Art 128 - free zones and other custom facilities
Art 129 - Cooperation in the construction and improvement
of means of transport.
Art 130 - Measures to avoid or eliminate delays or other
difficulties of a technical nature in traffic in transit
Art 131 Equal treatment in maritime ports.

44. Part XI Area
 Establishment of Authority i.e, ISA (Art 156)
 All signatory are directly become the members
of ISA (Art 156)
 Based on the principle of sovereign equality of
all its members. (Art 157)
 principle organs of authority are Assembly,
Council and Sceretariat. (Art 158)
 Decision on questions of substance shall be
taken by a 2/3rd of the members present.
 Question for first time - requires 1/5th voting,
within 5 calender days. - then pass.

45.  have powers to elect members of Council and
Secreteriat. (Art 160)
 Composition of Council (Art 161)
 The Council consists of 36 members of the Authority ele
cted by the Assembly into five chambers as follows:
 4 members from nations that consumed/imports more
than 2 %, in any case 1 state from Eastern
European(socialist) region, as well as largest consumer.
 4 members from 8 parties having largest investment
 4 members from net major exporters.
 6 from developing nations, land-locked, potential
producers.
 18 based from equitable geagraphical distributions

46. Part XII Protection and preservation of Marine
Environment
 Not to transfer damage or hazards or transform
one type of pollution to another (Art 195)
 Notification of immenent or actual damage -
warning (Art 198 )
 Scientific and technical assistance to developing
states. - to developing states (Art 202 )
 Monitoring the risk or effects of pollution (Art 204
)
 Publication of reports (Art 205)
 Pollution by dumping - prior permission (Art
210)

47.  Enforcement of coastal states - for physical
inspection (Art 220)
 Duty to avoid adverse conseuences in the
exercise of the powers of enforcement. (Art
225 )
 Investigation of foreign ships (Art 226 )
 Notification to the flag state and other
states concerned.(Art 231)

48. part XIII Marine Scientific research
• All States, irrespective of their geographical location, and
competent international organizations have the right to
conduct marine scientific research - Article 238
• In the conduct of marine scientific research the following
principles shall apply: - Article 240
• (a) conducted exclusively for peaceful purposes;
• (b) shall not unjustifiably interfere with other legitimate
uses of the sea
• Marine scientific research activities shall not constitute
the legal basis for any claim to any part of the marine
environment or its resources. - Article 241

49. • Publication and dissemination of information and
knowledge -Article 244
• States and competent international organizations which
intend to undertake marine scientific research in the
exclusive economic zone or on the continental shelf of a
coastal State shall, not less than six months in advance
of the expected starting date of the marine scientific
research project, provide that State with a full description
of the nature and objectives of the project, the method
and means to be used, the precise geographical areas
,the expected date of first appearance and final
departure of the research vessels, Article 248

50. • Suspension or cessation of marine scientific
research activities - Article 253
• Rights of neighbouring land-locked and
geographically disadvantaged States Article 254
• Non-interference with shipping routes -Article 261
• Identification markings and warning signals - Article
262
• Marine scientific research project shall not allow
research activities to commence or continue without
the express consent of the coastal State concerned
in case of pending disputes. - Article 265
• Promotion of the development and transfer of
marine technology - Article 266

51. PART XV SETTLEMENT OF DISPUTES
Obligation to settle disputes by peaceful
means - Article 279
Settlement of disputes by any peaceful means
chosen by the parties - Article 280
Obligation to exchange views - Article 283

52. Revision of UNCLOS 3
• From 1983 to 1990, the United States accepted all but
Part XI as customary international law, while attempting
to establish an alternative regime for exploitation of the
minerals of the deep seabed.
• Decline in the demand for minerals from the seabed
made the seabed regime significantly less relevant. In
addition, the decline of Socialism and the fall of
Communism in the late 1980s had removed much of the
support for some of the more contentious Part XI
provisions.
• In 1990, consultations were begun between signatories
and non-signatories (including the United States) over
the possibility of modifying the Convention to allow the
industrialized countries to join the Convention.

53. • It mandated that key articles, including those on
limitation of seabed production and mandatory
technology transfer, would not be applied, that the United
States, if it became a member, would be guaranteed a
seat on the Council of the International Seabed
Authority, and finally, that voting would be done in
groups, with each group able to block decisions on
substantive matters.
• The 1994 Agreement also established a Finance
Committee that would originate the financial decisions of
the Authority, to which the largest donors would
automatically be members and in which decisions would
be made by consensus (आम सहमति).

54. United Nations Law of Sea on
Conflict Management

55. Introduction
Conflicts on the seas still occur today, but now
they involve fishing trawlers and coastal patrol
vessels rather than galleons or dreadnoughts
The over-fishing and exploitation of the ocean’s
resources, difficulties in establishing clear
ownership over such resources as migratory fish
stocks, generates numerous potential flash points
for armed conflict

56. Solutions
Multiple solutions have been suggested to address
problems associated with joint management of
common property resources (CPRs), such as
the ocean’s fishing stocks
1. A Leviathan or coercive authority can be
established to prevent exploitation of resources
through monitoring
2. Oceanic resources can be privatized to
manage their resources more efficiently
3. International institutions could helps states
manage these resources in a cooperative
fashion

57. Power of Authority
Uses coercive force to prevent the individual
over-usage of the resource.
Intervention to government agencies to
manage the goods
Need for military power to prevent resource
abuse

58. Privatization
Through EEZs
Works best for managing maritime conflicts by promoting
more frequent and more successful bilateral negotiations
Territorial sea limits, provided the first attempt at
privatization of the ocean’s CPRs
In 1945, President Truman issued a proclamation asserting
rights to explore and exploit the oil and gas resources of
the continental shelf outside of the 3 nm territorial sea
Increased the expansion of territorial waters after World
War II

59. Conti…
In 1952, Chile, Ecuador and Peru declared jurisdiction over
an area 200 nautical miles from their coasts
Resulting in a series of disputes over fishing rights with
other countries, including the United States and Canada
Two unsuccessful conferences in 1958 and 1960
attempted to create a uniform standard for territorial seas
A third conference that began in 1974 was more
successful, culminating in the 1982 United Nations
Convention on the Law of the Sea (UNCLOS)
UNCLOS established a consistent set of limits for territorial
and contiguous seas, navigation rights, seabed usage, and
dispute adjudication

60. Conti…
Most significant portion of the UNCLOS
agreement is the creation of a set of
definable limits for maritime boundaries
Convention established the exclusive
economic zone (EEZ), an area beyond the
territorial sea with a breadth of 200 nautical
miles
States have sole rights over the exploitation
of all the resources in their EEZ

61. Institutionalization
Institutions are designed by those who use
the resource
Rules should be created that are closely
aligned to the conditions of the resource

62. Shared stock

63. definition
Fao definition
“ All
fish stocks that cross the boundaries of
a coastal state EEZ into neighboring EEZ
and/or the adjacent high seas , along with
those stocks found exclusively on the high
seas “ 3 meanings

64. Transboundary stocks - fish stocks crossing the EEZ of one
coastal state into EEZs of one or
more other coastal states
Straddling stocks - fish stock crossing the EEZ boundary
into the adjacent high seas other than
highly migratory and anadromous or
catadromous stocks

65. Management of shared stocks
After introduction of EEZ, it believes that
90% of the fisheries is in the hands of states
This would not lead to conflict between the
coastal states
Fish stock migrating through more than one
EEZ and the high sea became an area of
conflict
The conflict for fisheries is called ‘fish war’

66. Conti…
In 1982 Parties of UN signed the agreement
law of sea (UNCLOS)
Management for shared fish stock was not
included.
In 1995 UN made another agreement to
supplement and strengthen the UNCLOS
This agreement was called ‘fish stock
agreement’(UNFSA)

67. Conti…
This agreement introduced the regional
fisheries management organization (RFMO)
regime
Relevant coastal states would become
members
This organization would also have the
management of the high seas in their area
RFMO consist of the coastal states and
some distant water fishing nations that do
not have coastal state status

68. Cont…
Though the RFMO regime has come a long
way in solving the problems of the shared
fish stocks
There are still a lot of problems that are not
solved yet
In the light of climate change and changing
migration pattern of fish stocks the stability
over time can be a big problem

69. Truman Proclamation
President Harry Truman made this
proclamation on September 28, 1945
Regarding jurisdiction over resources of the
outer continental shelf
Policy of the United States with respect to
the Natural Resources of the Subsoil and
Sea Bed of the Continental Shelf
It was later made into law as the Outer
Continental Shelf Lands Act

70. Conclusion
UNCLOS is successful for bringing third
parties to the management table
Facilitate the long run stability of agreement
reached to resolve maritime claims
UNCLOS is also effective for preventing the
onset of new disagreement over maritime
areas

71. References cited
1. Platzoder.R, The 1994 United Nations Convention on the Law of Sea
2. Nemeth.S.C, Mitchell.S. M;Ruling the sea : Institutionalization and Privatization of the global ocean commons
3. Barston.R; United nations conferences on straddling and highly migratory fish stocks
4. Ellefan. H, Strategic management of shared fish stock applied to the pelagic complex in the north east Atlantic
ocean
• www.continentalshelf.org/about/1143.aspx
• http://portlets.arcticportal.org/unclos
• http://www.un.org/Depts/los/convention_agreements/texts/unclos/closindx.htm
• http://en.wikipedia.org/wiki/United_States_non-ratification_of_the_UNCLOS
• http://en.wikipedia.org/wiki/International_Seabed_Authority
• http://www.csc.noaa.gov/legislativeatlas/lawDetails.jsp?lawID=734

72. • https://www.un.org/depts/los/convention_agreements/texts/unclos/UNCLOS-TOC.htm
• http://www.un.org/Depts/los/convention_agreements/texts/unclos/unclos_e.pdf
• http://www.un.org/Depts/los/convention_agreements/convention_declarations.htm
• http://www.un.org/Depts/los/index.htm
• https://search.proquest.com/science/docview/198636581/13D489B3A576AD5CAB7/1?account
id=27309
• https://search.proquest.com/science/docview/213490966/13D489B3A576AD5CAB7/2?account
id=27309

73. Thank you