Ngư nghiệp - United nations convention on the law of the sea (unclos)

United Nations Convention on the Law of the Sea(UNCLOS)Signed: December 10, 1982Location: Montego Bay, JamaicaEffective: November 16, 1994UNCLOSThe United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place from 1973 through 1982.UNCLOSThe Law of the Sea Convention defines the rights and responsibilities of nations in their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources. HISTORYThe UNCLOS replaces the older and weaker 'freedom of the seas' concept, dating from the 17th century: national rights were limited to a specified belt of water extending from a nation's coastlines, usually three nautical miles, according to the 'cannon shot' rule. All waters beyond national boundaries were considered international waters — free to all nations, but belonging to none of them.HISTORY..In the early 20th century, some nations expressed their desire to extend national claims to include mineral resources, to protect fish stocks, and to provide the means to enforce pollution controls. HISTORYUsing the customary international law principle of a nation's right to protect its natural resources, President Truman in 1945 extended United States control to all the natural resources of its continental shelf. Other nations were quick to follow suitBetween 1946 and 1950, Argentina, Chile, Peru, and Ecuador extended their rights to a distance of 200 nautical miles to cover their Current fishing grounds. Other nations extended their territorial seas to 12 nautical miles.Initial StepsMid 1940’s USA, Argentina, Chile, Peru and Ecuador laid claims to territorial watersSoon after Egypt, Ethiopia, Saudi Arabia, Libya and Venezuela followedIndonesia asserted claims to the waters that separated its 13,000 islands. The Philippines did likewise. Canada set a navigation limit to protect Arctic waters from pollution1970s UK and Iceland involved in cold wars over Iceland's 200 mile fisheries claim. EvolutionConference convened in New York in 1973.UNCLOS Convention adopted 9 years later in 1982 after discussions with 160 sovereign states.The ConventionComprises 320 articles and 9 annexes.Main areas:limitationenvironmental controlmarine scientific researcheconomic/commercial activitiesadvancement in technologysettlement of disputesKey Features of the ConventionSovereignty over territorial seas not to exceed 12 nautical miles from baselines. Foreign vessels have innocent passage through those watersShips and aircraft have transit passage through straits used for international navigationArchipelagic states have sovereignty over interconnecting island watersSovereign rights in a 200 nautical mile Exclusive Economic Zone in relation to all activitiesAll states have freedom of overflight/navigation in EEZUNCLOS IIn 1956, the United Nations held its first Conference on the Law of the Sea (UNCLOS I) at Geneva, Switzerland. UNCLOS I resulted in four treaties concluded in 1958:Convention on the Territorial Sea and Contiguous Zone, entry into force: 10 September 1964 Convention on the Continental Shelf, entry into force: 10 June 1964 Convention on the High Seas, entry into force: 30 September 1962 Convention on Fishing and Conservation of Living Resources of the High Seas, entry into force: 20 March 1966 Although UNCLOS I was considered a success, it left open the important issue of breadth of territorial waters.UNCLOS IIIn 1960, the United Nations held the second Conference on the Law of the Sea (“UNCLOS II”); however, the six-week Geneva conference did not result in any new agreements. Generally speaking, developing nations and third world countries participated only as clients, allies, or dependents of United States or the Soviet Union, with no significant voice of their own.UNCLOS IIIThe convention introduced a number of provisions. The 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 disputes.The convention set the limit of various areas, measured from a carefully defined baseline.  Internal watersCovers all water and waterways on the landward side of the baseline. The coastal state is free to set laws, regulate use, and use any resource. Foreign vessels have no right of passage within internal waters. Territorial waters Out to 12 nautical miles from the baseline, the coastal state is free to set laws, regulate use, and use any resource. Vessels were given the right of innocent passage through any territorial waters, with strategic straits allowing the passage of military craft as transit passage."Innocent passage" is defined by the convention as passing through waters in an expeditious and continuous manner, which is not “prejudicial to the peace, good order or the security” of the coastal state. Fishing, polluting, weapons practice, and spying are not “innocent", and submarines and other underwater vehicles are required to navigate on the surface and to show their flag.Nations can also temporarily suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the protection of its security. Archipelagic waters  The convention set the definition of Archipelagic States in Part IV, which also defines how the state can draw its territorial borders. A baseline is drawn between the outermost points of the outermost islands, subject to these points being sufficiently close to one another. All waters inside this baseline are designated Archipelagic Waters. The state has full sovereignty over these waters (like internal waters), but foreign vessels have right of innocent passage through archipelagic waters (like territorial waters). Contiguous zone  Beyond the 12 nautical mile limit there was a further 12 nautical miles or 24 nautical miles from the territorial sea baselines limit, the contiguous zone, in which a state could continue to enforce laws in four specific areas: pollution, taxation, customs, and immigration. Exclusive Economic Zones (EEZs)Extends from the edge of the territorial sea out to 200 nautical miles from the baseline. Within this area, the coastal nation has sole exploitation rights over all natural resources. In casual use, the term may include the territorial sea and even the continental shelf. The EEZs were introduced to halt the increasingly heated clashes over fishing rights, although oil was also becoming important. Foreign nations have the freedom of navigation and over flight, subject to the regulation of the coastal states. Foreign states may also lay submarine pipes and cables. Continental Shelf The continental shelf is defined as the natural prolongation of the land territory to the continental margin’s outer edge, or 200 nautical miles from the coastal state’s baseline, whichever is greater. State’s continental shelf may exceed 200 nautical miles until the natural prolongation ends. However, it may never exceed 350 nautical miles from the baseline.Coastal states have the right to harvest mineral and non-living material in the subsoil of its continental shelf, to the exclusion of others. Coastal states also have exclusive control over living resources "attached" to the continental shelf, but not to creatures living in the water column beyond the exclusive economic zone. Aside from its provisions defining ocean boundaries, the convention establishes general obligations for safeguarding the marine environment and protecting freedom of scientific research on the high seas, and also creates an innovative legal regime for controlling mineral resource exploitation in deep seabed areas beyond national jurisdiction, through an International Seabed Authority and the Common heritage of mankind principle. Landlocked states are given a right of access to and from the sea, without taxation of traffic through transit states. akpe na mi!