Having considered the report, the General Assembly adopted on 21 December 1968 resolution 2467 A (XXIII), by which it decided to establish a Committee on the Peaceful Uses of the Sea-Bed and the Ocean Floor beyond the Limits of National Jurisdiction, consisting of forty-two Member States. The United Nations Convention on the Law of the Sea was adopted in 1982. Report of the Committee on the Peaceful Uses of the Sea-Bed and the Ocean Floor beyond the Limits of National Jurisdiction to the General Assembly at its twenty-eighth session (A/8721, 1972 and Corr. See Official Records of the Third United Nations Conference on the Law of the Sea, vol. At the same time, the need to protect the marine environment, after the 1972 United Nations Stockholm Conference on the Human Environment, and the conclusion of significant specific conventions (the London Dumping Convention of 1972 and the MARPOL convention of 1973) became a broadly accepted objective. [10], Some American commentators, including former Secretary of Defense Donald Rumsfeld, have warned that ratification of the Law of the Sea Treaty might create a precedent with regard to resources of outer space. The United Nations Convention on the Law of the Sea (UNCLOS) is the international agreement that resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982. These resulted, before the entry into force of the Convention, in the adoption by the General Assembly on 28 July 1994 of an Agreement on the Implementation of Part XI of the Convention, which forms an integral part of it, and which contains the amendments necessary to make it acceptable to the industrialized States. The Committee was instructed to study the elaboration of legal principles and norms which would promote international co-operation in the exploration and the use of the seabed and ocean floor, and to make recommendations to the General Assembly thereon. 101, Final Act of the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, The Status of Multilateral Treaties Deposited with the Secretary-General. While having carried out a comprehensive study of the various aspects of the item within the limits of the time available, the Ad Hoc Committee recognized the need for further study, and made suggestions for this purpose. The Convention remains the recognized framework within which such developments occur and such challenges are met. TERRITORIAL SEA … See Official Records of the United Nations Conference on the Law of the Sea, vol. The Convention, concluded in 1982, replaced four 1958 treaties. General Assembly, Verbatim Records of plenary meeting No. The Agreement entered into force on 11 December 2001, thirty days after the deposit of the thirtieth instrument of ratification. The United Nations Convention on the Law of the Sea (UNCLOS) is an international treaty which was adopted and signed in 1982. It focused on the mineral resources of the seabed beyond the limits of national jurisdiction, in particular the polymetallic nodules found at great depths and whose exploitation seemed to promise substantial economic benefits, which in his view were to be proclaimed the common heritage of mankind. Legal Instruments General Assembly, Verbatim Records of plenary meeting No. The key concepts emerging from this process, conducted in the United Nations “Seabed” Committee, a committee set up in 1967 and continued, under different names, up to 1973, are synthesized in General Assembly resolution 2749 (XXV) of 17 December 1970 according to which the seabed and ocean floor, and the subsoil thereof, beyond the limits of national jurisdiction (the Area), as well as its resources “are the common heritage of mankind”. Part XV (and annexes 5 to 8) concerns the settlement of disputes. Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, New York, 4 August 1995, United Nations, Treaty Series, vol. The presentation also contains excerpts from the Audiovisual Library's Lecture Series, which may be viewed through the links below: Additional lectures on the Law of the Sea may also be viewed through the following links: Please see the Law of the Sea on the Lecture Series for forthcoming lectures. [6][7], In 1983 President Ronald Reagan, through Proclamation No. International Convention for the Prevention of Pollution from Ships, 2 November 1973 as modified by the Protocol of 1978 relating thereto (MARPOL 73/78), London, 17 February 1978, United Nations, Treaty Series, vol. At its subsequent session, the General Assembly, having considered the report of the Committee (A/7622), requested the Secretary-General to ascertain the views of Member States on the desirability of convening, at an early date, a conference on the law of the sea (resolution 2574 A (XXIV) of 15 December 1969). The convention has been ratified by 168 parties, which includes 167 states (164 United Nations member states plus the UN Observer state Palestine, as well as the Cook Islands and Niue) and the European Union. This special presentation includes extracts from film footage of the Third United Nations Conference on the Law of the Sea. This Agreement has in fact opened the way to the high – and highly representative – number of States that have become parties to the Convention. In the Declaration of Principles Governing the Sea-Bed and the Ocean Floor, and Subsoil Thereof, beyond the Limits of National Jurisdiction (resolution 2749 (XXV) of 17 December 1970), the General Assembly recognized that the existing legal framework did not sufficiently regulate the use of the seabed and ocean floor. Â. The first phase was devoted to identification of issues of concern to some States, the approach to be taken in examining them and the search for solutions. Already at the final session held in Montego Bay in December 1982, some of the abstaining States signed the Convention, and more did so before the final date for signature, 10 December 1984. 72 held on 9 December 1993 (A/48.PV.72) By resolution 2340 (XXII) of 18 December 1967, the Assembly established an Ad Hoc Committee to Study the Peaceful Uses of the Sea-Bed and the Ocean Floor beyond the Limits of National Jurisdiction, consisting of thirty-six Member States. Similarly, the awareness that the development of scientific research and of other marine activities fostered by technological progress and economic need required clear and generally accepted rules became widespread. As per Article 4 of the Agreement, following adoption of the Agreement any state which ratifies the convention also becomes a party to the Agreement. ), such as those of coastal States, maritime States, archipelagic States, landlocked States, land-based producers of the minerals to be extracted from the nodules, etc. While he recommended States to ratify the Convention, he acknowledged that some provisions relating to deep seabed mining had so far hindered some states from doing so. XV (A/CONF.62/L.78, 28 August 1981) Rec. Subsequent to the adoption of the 1958 Conventions (see the 1958 Conventions on the Law of the Sea), the General Assembly requested that the Secretary-General convene a Second United Nations Conference on the Law of the Sea to consider the topics of the breadth of the territorial sea and fishery limits, which had not been agreed upon in the said Conventions (resolution 1307 (XIII) of 10 December 1958). found: United Nations Convention on the Law of the Sea (1982). So it was that the last negotiating text, “The Draft Convention on the Law of the Sea” (1981), could be considered in most of its provisions a consensus text. It was necessary because of the need to reconcile divergent interests only partially represented by the traditional groups of States (Western industrialized States, Socialist States, Group of 77, etc. Fifteen meetings were held under the auspices of the Secretary-General between 1990 and 1994. Statement before the Senate Committee on Foreign Relations, October 21, 2003, "Reagan Extends Territorial Waters to 12 Miles", "U.S. Territorial Sea Extension: Jurisdiction and International Environmental Protection", "Rumsfeld still opposes Law of Sea Treaty. The Third United Nations Conference on the Law of the Sea was convened with a broad agenda including items covering all aspects of the law of the sea, from the traditional ones to the newly emerging ones, such as the common heritage principle, the expansion seawards of the coastal States’ jurisdiction and the protection of the marine environment. [11], V Bantz, 'La Question De I'Adhesion Par Les Etats-Unis a La Convention Des Nations Unies Sur Le Droit De La Mer' (2003) 8 Annuaire Du Droit De La Mer 9–54, United Nations Convention on the Law of the Sea, United States non-ratification of the UNCLOS, "The United Nations Convention on the Law of the Sea (A historical perspective)", "United Nations Convention on the Law of the Sea", "Agreement relating to the implementation of Part XI of the United Nations Convention on the Law of the Sea", "Chronological lists of ratifications of, accessions and successions to the Convention and the related Agreements", Roger Rufe, President of the Ocean Conservancy. The Convention – differently from other codification conventions – has put its application and interpretation under the jurisdiction of international judges and arbitrators. It was lengthy, extending the Conference up to 1982, because it involved the reconciliation of the interests of groups as well as of particular States in such a way that each party involved could perceive even in specific provisions not consonant to its desiderata a part of a package that, as a whole, it could consider to bring more advantages than disadvantages. Naval War College. Bearing in mind the answers by Governments to the inquiries made by the Secretary-General (report A/7925 and Add. … There are 15 United Nations member and observer states which have neither signed nor acceded either the Convention or the Agreement: Although the United States helped shape the Convention and its subsequent revisions,[5] and though it signed the 1994 Agreement on Implementation, it has not signed the Convention as it objected to Part XI of the Convention. The Agreement was adopted on 4 August 1995 by the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks and opened for signature on 4 December 1995. V, A/CONF.62/SR.69); Sixth session held at United Nations Headquarters in New York, 23 May to 15 July 1977 (General Assembly resolution 31/63 of 10 December 1976); Seventh session held at the Office of the United Nations in Geneva, 28 March to 19 May 1978 (General Assembly resolution 32/194 of 20 December 1977); Resumed seventh session held at United Nations Headquarters in New York, 21 August to 15 September 1978 (Decision taken at the 106th meeting of the plenary on 19 May 1978. To view the full version of this footage, as well as other statements, please visit the Historic Archives. Related Materials This brought to the fore a sense of mistrust for the then existing rules of international law, confirmed by the fact that the 1958 Geneva Conventions on the Law of the Sea, which had been adopted less that ten years before and had just entered into force, did not attract the ratification or accession of most of the newly independent States. They consist, on one side, in a process within the United Nations General Assembly concerning a specific aspect of the law of the sea, and, on the other side, in momentous changes in the structure of international society and in the uses of the sea. United Nations Convention on the Law of the Sea CONTENTS Page PREAMBLE ..... 21 PART I. These groups were made necessary by the difficulty of negotiating in plenary bodies and the need to achieve progress between the most interested delegations and group representatives. However a legal opinion from the Justice Department questioned the President's constitutional authority to extend sovereignty as Congress has the power to make laws concerning the territory belonging to the United States under the U.S. Constitution. 1-3, 27 August 1970) The 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 an international agreement that resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982. The United Nations Convention on the Law of the Sea entered into force twelve months after the deposit of the sixtieth instrument of ratification, on 16 November 1994. Since at least 2/3 of the 100 member Senate (at least 67 Senators) are required to ratify a treaty, consideration of the treaty was deferred again. The Agreement relating to the implementation of Part XI of the Convention entered into force on 28 July 1996, thirty days after the deposit of the fortieth instrument of ratification. The agreement has been ratified by 150 parties (all of which are parties to the Convention), which includes 149 states (146 United Nations member states plus the UN Observer state Palestine, as well as the Cook Islands and Niue) and the European Union. The United States is still not party to the United Nations Convention on the Law of the Sea, fifteen years after the treaty became operational. The United Nations Convention on the Law of the Seas (or UNCLOS) has been described as “the constitution of the oceans.” Originally finalized in 1982, UNCLOS’ 320 articles and nine annexes represent arguably the most holistic codification of international law in history. In force: 1994-11-16. [2] An additional 14 UN member states have signed, but not ratified the convention. Flexibility is entrusted to the interpretations judicial and arbitral bodies may adopt while settling disputes. Resumed tenth session held at the Office of the United Nations in Geneva, 3 to 28 August 1981 (General Assembly resolution 35/452 of 11 May 1981); Eleventh session held at United Nations Headquarters in New York, 8 March to 30 April 1982 (General Assembly resolution 36/79 of 9 December 1981); Resumed eleventh session held at United Nations Headquarters in New York, 22 to 24 September 1982 (Decision taken at the 182nd meeting of the plenary Conference on 30 April 1982, A/CONF.62/SR.182). Terms and Conditions of Use. It entered into force on 14 November 1994 and is presently binding for 154 States, as well as the European Community (as of 24 July 2008). j) detailed provisions concerning marine scientific research, based on the principle of consent of the coastal State, consent which should be the norm for pure research and discretionary for resource-oriented research. General Assembly resolution 2467 A (XXIII) of 21 December 1968 (Examination of the question of the reservation exclusively for peaceful purposes of the sea-bed and the ocean floor, and the subsoil thereof, underlying the high seas beyond the limits of present national jurisdiction, and the use of their resources in the interests of mankind) The United Nations Convention on the Law of the Sea, also called the Law of the Sea Convention or the Law of the Sea treaty, is an international agreement that resulted from the third United Nations Conference on the Law of the Sea, which took place between 1973 and 1982. The Convention presupposes a highly institutionalized world. Having considered the report, the General Assembly requested the Secretary-General to invite States to the Conference, and decided that the mandate of the Conference was the adoption of a Convention dealing with all matters relating to the Law of the Sea (resolution 3067 (XXVIII) of 16 November 1973). The Conference, held from 17 March to 26 April 1960, was however unable to make any substantive decision on those issues. A number of agreements concerning law of the sea matters, such as the 1995 United Nations Fish Stocks Agreement, have adopted the dispute-settlement provisions of the Law of the Sea Convention for the settlement of disputes concerning their application and interpretation, even when a party to the dispute is not a party to the Convention. The Committee subsequently held six sessions and a number of additional meetings in New York and Geneva between 1971 and 1973. United Nations Convention on the Law of the Sea (UNCLOS) Done at: Montego Bay. United Nations Convention on the Law of the Sea Latest Breaking News, Pictures, Videos, and Special Reports from The Economic Times. The General Assembly considered the agenda item entitled “The Law of the Sea” in 1993 on 9 December, and in 1994 on 27 and 28 July. Third United Nations Conference on the Law of the Sea Official Records, vols. United Nations Convention on the Law of the Sea: A Commentary, edited by Alexander Proelss [C.H. General Assembly Resolution 1307 (XIII) of 10 December 1958 (Convening a second United Nations Conference on the Law of the Sea) General Assembly Resolution 2340 (XXII) of 18 December 1967 (Examination of the question of the reservation exclusively for peaceful purposes of the sea-bed and the ocean floor, and the subsoil thereof, underlying the high seas beyond the limits of present national jurisdiction, and the use of their resources in the interest of mankind) UNCLOS provides a comprehensive legal framework governing all activities and uses of the world's seas and oceans. For further information and documentation on the United Nations Convention on the Law of the Sea and the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, see the official website of the Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, United Nations: http://www.un.org/Depts/los/. In view of the high number of States bound by it and of its influence on practice, it seems correct to say that there is a presumption that the non-institutional provisions correspond to customary law, unless the contrary is proven. The Ad Hoc Committee was requested to prepare a study, to be presented at the following session of the General Assembly, on the scientific, technical, economic, legal and other aspects of use of the seabed and the ocean floor, including a survey of past and present activities of the United Nations and other intergovernmental organizations in this regard. Though this has been driven by internal concerns about losing sovereignty, an opportunity now presents itself for the US to enhance its maritime interests by joining the Convention. This device had the advantage of providing the Conference with a basic draft that would become the exclusive object of amendment proposals. The Ad Hoc Committee held three sessions during 1968, and presented its study (A/7230) to the General Assembly at its twenty-third session, in 1968. Signatories Non-members. Implementing and other agreements, together with the action of the United Nations General Assembly and of specialized institutions, such as the Food and Agriculture Organization and the International Maritime Organization, provide the mechanisms for updating the law of the sea and for meeting new challenges such as that posed by the legal regime of the genetic resources of the seabed beyond national jurisdiction. IX, A/CONF.62/SR.106); Eighth session held at the Office of the United Nations Headquarters in Geneva, 19 March to 27 April 1979 (General Assembly resolution 33/17 of 10 November 1978); Resumed eighth session held at United Nations Headquarters in New York, 19 July to 24 August 1979 (Decision taken at the 115th meeting of the plenary on 27 April 1979. The United Nations Convention on the Law of the Sea was opened for signature at Montego Bay, Jamaica, on 10 December 1982. During the second phase more precision was given to the results reached so far; additional points were raised for consideration and participants directed their attention to an examination of consolidated texts embodying these solutions and on the procedure by which they might be adopted (See Consultations of the Secretary-General on outstanding issues relating to the deep seabed mining provisions of the United Nations Convention on the Law of the Sea. On 29 April 1958, as recorded in the Final Act (A/CONF.13/L.58, 1958, UNCLOS, Off. See Official Records of the Third United Nations Conference on the Law of the Sea, vol. Part I - Introduction; Part II - Territorial sea and contiguous zone. A claim for exclusive or sovereign rights over an area of the sea well beyond the territorial sea, previously put forward only by South American States, gained wide acceptance. [3] An additional three UN member states (Egypt, Sudan, USA) have signed, but not ratified the agreement. Report of the Committee on the Peaceful Uses of the Sea-Bed and the Ocean Floor beyond the Limits of National Jurisdiction to the General Assembly at its twenty-fourth session (A/7622, 1969 and Corr. This emerges in the cautionary language used in Security Council resolution 1816 of 2 June 2008 authorizing States to repress acts of piracy in the territorial sea of Somalia and not only on the high seas as specified in the Convention. 1, November 1972) 6 and 8. The Status of Multilateral Treaties Deposited with the Secretary-General. General Assembly, Verbatim Records of plenary meeting No. The more than 400 articles of the text and of the nine annexes that are an integral part of it are the most extensive and detailed product of codification activity States have ever attempted and successfully concluded under the aegis of the United Nations. No State can claim or exercise sovereignty or sovereign rights thereupon, and their use shall be for peaceful purposes only. General Assembly resolution 3067 (XXVIII) of 16 November 1973 (Examination of the question of the reservation exclusively for peaceful purposes of the sea-bed and the ocean floor, and the subsoil thereof, underlying the high seas beyond the limits of present national jurisdiction, and the use of their resources in the interests of mankind, and convening of the Third United Nations Conference on the Law of the Sea) Parts XII to XIV concern specific marine activities and questions in all areas: the protection of the environment, marine scientific research, and the development and transfer of marine technology. The following sessions were held by the Conference: On 10 December 1982, the Conference adopted the United Nations Convention on the Law of the Sea, containing 320 articles and nine annexes. Irreconcilable divergences remained (especially in light of the changed position of the United States, due to the accession to the Presidency of Ronald Reagan) only regarding Part XI, on the International Seabed Area. A very selective list of the main substantive provisions of the Convention, focusing on those that introduce changes or new concepts in the traditional law of the sea would seem to include the following: a) the maximum  breadth of the territorial sea is fixed at 12 miles and that of the contiguous zone at 24 miles; b) a “transit passage” regime for straits used for international navigation is established, while non-suspendable innocent passage applies to straits for which there is an alternative route and to straits connecting the high seas or an economic zone to the territorial sea of a State; c) States consisting of archipelagos, provided certain conditions are satisfied, can be considered as “archipelagic States”, the outermost islands being connected by “archipelagic baselines” so that the waters inside these lines are archipelagic waters (similar to internal waters but with a right of innocent passage and a right of archipelagic sea lanes passage similar to transit passage through straits, for third States); d) a 200-mile exclusive economic zone including the seabed and the water column, may be established by coastal States  in which such States exercise sovereign rights and jurisdiction on all resource-related activities, including artificial islands and installations, marine scientific research and the protection of the environment; e) other States enjoy in the exclusive economic zone high seas freedoms of navigation, overflight, laying of cables and pipelines and other internationally lawful uses of the sea connected with these freedoms; f) a rule of reciprocal “due regard” applies to ensure compatibility between the exercise of the rights of the coastal States and of those of other States in the exclusive economic zone; g) the notion of the continental shelf has been confirmed, although with newly defined external limits: in view of the applicability of the exclusive economic zone to the seabed up to 200 miles, the continental shelf, that independently of geomorphologic considerations expands up to 200 miles, is relevant for States that have not established an exclusive economic zone and for those that claim a continental shelf beyond 200 miles, a claim that can be successful if certain geomorphologic, distance and depth conditions are satisfied and which can be ascertained with the cooperation and the concurrence of the Commission on the limits of the continental shelf, a 21 member body elected by the Meeting of the State Parties to the Convention; h) a complex regime, substantially amended by the 1994 Implementation Agreement, has been established for the Area, that together with its resources is proclaimed the common heritage of mankind; the International Seabed Authority (whose members are all parties to the Convention and having its seat in Kingston, Jamaica) being the “machinery” entrusted with the supervision and regulation of exploration and exploitation of the resources; i) a series of very detailed, and sometimes prescient, articles deal with the protection of the marine environment setting out general principles (for the first time in a multilateral treaty) and rules about competence for law-making and enforcement as well as on safeguards, making the Convention the framework for the existing and future universal, regional and bilateral agreements; and. 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