United Nations Convention on the Law of the Sea

Hugo De Groot

Mare Liberum 1609

Treaty of Tordesillas 1494

Arvid PardoFebruary 1914-June 1999

Sea salt on Maio Island

“Common heritage of mankind” UNCLOS Article, 136

Division of States at UNCLOS 1) Latin American

2) African

3) Asian

4) Eastern European

5) Western European (Canada/US)

Others

Single Negotiating Text Divided into four subgroups

1) Discussion of sea bed/ocean floor beyond national jurisdiction

2) Territorial seas and straits for international use

3) State responsibility of marine environment and technological improvement

4) Outline on how to settle future disputes

What did the Convention do? The 1973 Convention established :

national baselines

internal waters

territorial waters,

exclusive economic safe zones

BaselinesBaselines begin where the water meets the shore

If land is rough or marked with islands than the baseline could be drawn around those islands

Internal Waters Any body of water within the defined baseline

For example, bays, lagoons, streams etc

Territorial Waters 12 nautical mile limit out wards from the baseline.

Passage conditional on “innocent passage”

Innocent PassageConvention definition:

“Passage without being prejudicial to peace.” Article 19

Most importantly however... Establishment of the exclusive economic zones

Central to Pardo’s argument.

Oil!

EEZs Defined An area beyond the territorial sea where both costal

authority and the freedom of foreign nations are governed by the Convention’s rules.

Costal Authority in EEZs Sovereign rights of exploring, exploiting, conserving

and managing living or non living natural resources. (Article 56)

While sovereign state is operating under Convention it must act in a manner compatible with provisions of the Convention. (Article 56)

Foreign Authority in EEZs Allowed to use sea in international lawful practices.

Shall adure to rights and duties of the costal state adopted by the Convention. (Article 58)

Aftermath.... Successful in laying foundations for future

negotiations

Brought issue of marine sustainability to an international audience

1982 Convention