1982 UN Convention on the Law of the Sea

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 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.

UNCLOS establishes a comprehensive legal framework to govern all activities and uses of the
world's seas and oceans. The Convention defines the limits of territorial seas of countries from
which they can explore and exploit marine resources. It further replaced previous U.N.
Conventions on the Law of the Sea, one in 1958 (UNCLOS I) and another in 1960 (UNCLOS
II), that were believed to be inadequate.

It was adopted in1982 in Montego Bay, Jamaica after nine years of negotiations. UNCLOS
entered into force in 16 November 1994. As of January 2015, 166 countries and European Union
have joined the Convention. The Philippines is the 11th country that ratified the Convention.

INTERNAL WATERS

What is Internal Waters?

 These are all waters landwards from the baseline of the territory (rivers, lakes, bays, etc).
Sovereignty over these is the same in extent as sovereignty over land, and is not subject
to the right of innocent passage.

 Coastal State’s Sovereignty extends to internal waters and airspace. Coastal State’s Laws
apply in Internal Waters.

TERRITORIAL SEA

What is Territorial Sea?

 It is the belt of sea outwards from the baseline and up to 12 nautical miles beyond.
Regardless its width. However, that where the application of the 12-mile rule to
neighboring littoral states would result in overlapping.

 The extent of the territorial sea depends on the baseline and which upon its width is
based.

 There are two ways of drawing the baseline. The “Normal Baseline” is drawn following
the low-water line along the coast as marked on large-scale charts officially recognized
by the coastal State.

 Straight baselines, these are drawn connecting selected points on the coast without
appreciable departure from the general shape of the coast. This method was developed
from the Anglo-Norwegian Fisheries Case.
  It provides that straight baselines may be used where the coastline is deeply indented and
cut into, or if there is a fringe of islands along the coast in its immediate vicinity.

ARCHIPELAGOS

What is an archipelago?

A group of islands, including parts of islands, interconnecting waters and other natural features
which are so closely interrelated that such islands, waters and other natural features form an
intrinsic geographical, economic and political entity, or which historically have been regarded as
such.

What is an archipelagic state?

State constituted wholly by one or more archipelagos and may include other islands.
Archipelagic Baselines

1. The straight baselines are drawn between the outermost points of the outermost islands
2. The length of such baselines does not exceed 100 nautical miles
3. The drawing of such baselines must not depart to any appreciable extent from the general
configuration of the archipelago
4. Such baselines shall not be drawn to and from the low-tide elevations
5. These shall not be applied in such a manner as to cut-off from the high seas or EEZ the
territorial sea of another State

Right of Innocent Passage

Ships of all States enjoy the right of innocent passage through designated sea lanes.

Suspension of right:
 Does not discriminate among foreign ships, in form or in fact
 Temporary
 Specifies the areas where innocent passage shall not be allowed
 Essential to the protection of its security
 Duly published

Other rules:
ACTIVITY RIGHTS OF FOREIGN NATIONALS IN ARCHIPELAGIC
WATERS

Navigation Right of Innocent Passage but may be suspended

Right of Archipelagic sea lane passage
Sea lanes and traffic schemes are to be respected
Sea lane passage may not be suspended
Overflight Must follow designated corridors

Fishing Archipelagic State must respect existing agreements and traditional

fishing rights
Scientific Research The archipelagic State’s consent is required

Laying of Cable archipelagic State shall respect existing submarine cables laid by other
States
Mining No rights

Envi. Legislation Archipelagic State may adopt laws to give effect to international
regulations

CONTIGUOUS ZONE

What is a contiguous zone?

An area of water not exceeding 24 nautical miles from the baseline. It thus extend 12 nautical
miles from the edge of the territorial sea.

Coastal state may exercise the control necessary to:

a. Prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations
within its territory or territorial sea;
b. Punish infringement of the above laws and regulations committed within its territory or
territorial sea

CONTINENTAL SHELF

What is a continental shelf?

This refers to :
1) The seabed and the subsoil of the submarine areas adjacent to the coastal state but outside
the territorial sea to a depth of 200 meters or, beyond that limit, to where the depth allows
exploitation.
2) The seabed and subsoil of areas adjacent to islands.

What are the rights do coastal states have in this area?

Coastal states have the EXCLUSIVE RIGHT to explore and exploit its natural resources, to erect
needed installations, and to erect a safety zone over its installations with a radius of 500 meters.

What duties and responsibilities do coastal states have on their continental?

Coastal states have a duty to safeguard the environment on their continental shelf, and an
obligation to let other states use the shelf for certain purposes, such as laying of pipelines and
cables.

How are the size and outer limits of the continental shelf established?
All coastal states have a continental shelf that stretches 200 nautical miles to sea ( 1 nautical mile
= 1.852 km).

THE EXCLUSIVE ECONOMIC ZONE

What is the EEZ?

The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from
which the breadth of the territorial sea is measured.

Rights of Coastal State

1) Rights over economic resources of the sea, seabed, and subsoil. (this right does not affect
the right of navigation and over flight of other states.)
2) The right to regulate, authorize, and conduct marine scientific research in EEZ.
3) Jurisdiction over the establishment and use of artificial islands, installations and
structures

Primary Obligation of the Coastal States

1. Ensure through proper conservation and management measures that the living resources
of the EEZ are not subject to over exploitation.
2. Promote the objective of “optimum utilization” of the living resources.

THE HIGH SEAS

All parts of the sea that are not included in Exclusive Economic Zone, in the territorial sea or in
the internal waters of a state, or in the archipelagic waters of an archipelagic state.

6 Freedoms
1. Freedom of navigation
2. Freedom of overflight
3. Freedom of fishing
4. Freedom to lay submarine cables or pipelines
5. Freedom to construct artificial islands and structures
6. Freedom of scientific research

Every state, whether coastal or land-locked, has the right to sail ships flying its flag on the high
seas. The flag state has exclusive jurisdiction over its ships on the high seas.

Right of visit
A warship which encounters on the high seas a foreign ship can board the latter only if there is
reasonable ground for suspecting that the ship is:
 1. engaged in piracy;
2. engaged in slave trade;
3. engaged in unauthorized broadcasting and flag state of the war ship has jurisdiction;
4. without nationality; and
5. flying a foreign flag or refuses to show its flag.

Right of hot pursuit

Hot pursuit is allowed where there is good reason to believe that the ship has violated rules or
laws of a coastal state. This must commence when the foreign vessel is within the internal
waters, the archipelagic waters, the territorial waters, or the contiguous zone of the pursuing
state. It may continue to the high seas of the pursuit has not been interrupted. It must stop as soon
as the ship pursued enters the territorial waters of its own state or of a third state.

Right of land-locked states to and from the sea

These states have the right of access to and from the sea and the freedom of transit through the
territory of a transit state. Traffic in transit shall not be subject to any custom duties, taxes, or
other charges, except those levied for specific services rendered in connection with such traffic.

Settlement of Disputes
Peaceful settlement of disputes is compulsory. If a bilateral settlement fails, UNCLOS requires
submission of the dispute for compulsory settlement in one of the tribunals clothed with
jurisdiction.

Peaceful Use of the Oceans

In the states’ exercise of their rights and performance of their duties under the UNCLOS, states
shall refrain from any threat or use of force against the territorial integrity or political
independence of any state, or in any other manner inconsistent with the principles of
international law embodied in the UN Charter.

SOVEREIGNTY AND SOVEREIGN RIGHTS

Sovereignty
The law of the sea based on UNCLOS implies that sovereignty pertains to the exclusive legal
authority of a state over its waters, especially its internal waters and territorial seas. The state
essentially has territorial sovereignty over these waters.

Sovereign Rights
On the other hand, “sovereign rights” is a term used in UNCLOS to pertain to the entitlements or
privileges of a state to a defined area of a sea called the exclusive economic zone. In other words,
UNCLOS merely used this term to collectively represent the limited rights of a state over its
exclusive economic zone.

Article 56 of UNCLOS mentioned that in this exclusive economic zone, a state has sovereign
rights for the purpose of “exploring and exploiting, conserving and managing the natural
resources…of the waters superjacent to the seabed and of the seabed and its subsoil, and with
regard to other activities for the economic exploitation and exploration of the zone, such as the
production of energy from the water, currents and winds.”
Having a sovereign rights over a particular area, such as an exclusive economic zone, does not
confer sovereignty. This also means that based on UNCLOS, an exclusive economic zone is not
a sovereign territory.