United Nations Convention on the Law of the Sea (UNCLOS): A Comprehensive Introduction.

[YAGAY andSUN]

Introduction

The United Nations Convention on the Law of the Sea (UNCLOS) is one of the most far-reaching international agreements ever negotiated, establishing a comprehensive legal framework to govern all aspects of the world’s oceans and seas. Often referred to as the "constitution of the oceans," UNCLOS defines the rights and responsibilities of nations in their use of ocean resources and promotes the peaceful, equitable, and sustainable use of marine spaces.

Adopted in 1982 and entering into force in 1994, UNCLOS has been signed by over 160 countries and the European Union, making it one of the most universally accepted treaties in the world.

Background and Need for UNCLOS

Before UNCLOS, the law of the sea was governed largely by customary international law and a series of fragmented treaties. Rapid advances in maritime technology, increasing global trade, and growing awareness of marine resource exploitation prompted the need for a unified legal regime.

Key concerns that UNCLOS sought to address include:

• Freedom of navigation
• Maritime boundary delimitation
• Access to marine resources
• Protection of the marine environment
• Jurisdictional conflicts between states

Major Parts and Provisions of UNCLOS

UNCLOS comprises 320 articles and 9 annexes, structured into several key parts:

🔹 1. Territorial Sea and Contiguous Zone (Part II)

• Coastal states have sovereignty over a territorial sea extending up to 12 nautical miles from their baseline.
• Foreign ships enjoy innocent passage through these waters, provided they do not threaten the peace or security of the coastal state.

🔹 2. Exclusive Economic Zone (EEZ) (Part V)

• Extends up to 200 nautical miles from the baseline.
• Coastal states have sovereign rights for the purpose of exploring, exploiting, conserving, and managing natural resources, both living and non-living, in the waters and seabed.
• Other states enjoy freedom of navigation and overflight.

🔹 3. Continental Shelf (Part VI)

• Coastal states may claim a continental shelf beyond their EEZ, up to 350 nautical miles, for rights over seabed resources.
• These claims must be submitted to the Commission on the Limits of the Continental Shelf (CLCS) for validation.

🔹 4. High Seas (Part VII)

• Areas beyond national jurisdiction, governed by the principle of freedom of the high seas—including navigation, fishing, scientific research, and laying submarine cables.

🔹 5. The Area – Common Heritage of Mankind (Part XI)

• The seabed and ocean floor beyond national jurisdiction, known as "The Area," is designated as the common heritage of mankind.
• Governed by the International Seabed Authority (ISA), which regulates mining and resource extraction for the benefit of all.

🔹 6. Marine Environment Protection (Part XII)

• Mandates states to prevent, reduce, and control marine pollution from ships, land-based sources, seabed activities, and dumping.

🔹 7. Marine Scientific Research (Part XIII)

• Encourages research but requires consent from coastal states if conducted within their jurisdiction.

🔹 8. Settlement of Disputes (Part XV)

• Provides mechanisms for peaceful settlement of disputes through the International Tribunal for the Law of the Sea (ITLOS), International Court of Justice (ICJ), and arbitral tribunals.

Institutions Established Under UNCLOS

1. International Seabed Authority (ISA) – Manages mineral-related activities in the deep seabed.
2. Commission on the Limits of the Continental Shelf (CLCS) – Reviews states’ claims to extended continental shelves.
3. International Tribunal for the Law of the Sea (ITLOS) – Settles disputes concerning the interpretation and application of UNCLOS.

India and UNCLOS

India ratified UNCLOS in 1995, recognizing it as a cornerstone of maritime governance. India has:

• Claimed a 200 nautical mile EEZ.
• Submitted data to the CLCS for extending its continental shelf.
• Engaged in marine scientific research and seabed mining through the ISA.
• Used UNCLOS principles in settling maritime boundaries, such as the India-Bangladesh maritime dispute, resolved by international arbitration in 2014.

Significance of UNCLOS in Contemporary Geopolitics

• Geopolitical Tensions: Disputes in the South China Sea have brought UNCLOS into sharp focus, with debates around freedom of navigation, sovereignty claims, and exclusive zones.
• Environmental Conservation: UNCLOS provides a framework for addressing marine pollution, overfishing, and climate-related ocean changes.
• Submarine Cables & Cybersecurity: Legal ambiguities exist around the protection of undersea internet cables, especially in wartime, prompting calls for stronger international enforcement.

Conclusion

UNCLOS remains the most comprehensive legal framework governing the oceans. While certain challenges persist—such as enforcement gaps and differing interpretations—it continues to play a crucial role in promoting peaceful maritime cooperation, protecting the marine environment, and ensuring equitable access to ocean resources. As the world’s reliance on the ocean intensifies, UNCLOS will remain central to shaping a rules-based international maritime order.