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The Law of the Sea six-week Geneva conference did not result in any new

1. The United Nations Convention on the Law of the Sea 14. UNCLOS III was convened in New York
(UNCLOS), also called the Law of the Sea Convention or 15. Guyana - 60th nation to ratify the Law of the Sea treaty
the Law of the Sea treaty, is the international agreement that 16. December 10, 1982 UNCLOS was signed
resulted from the third United Nations Conference on the Law of 17. November 16, 1994 - UNCLOS came into force
the Sea (UNCLOS III), which took place between 1973 and 18. Location Montego Bay, Jamaica
1982. 19. Condition 60 ratifications
2. Law of the Sea Convention - defines the rights and 20. Signatories 157
responsibilities of nations with respect to their use of the world's 21. Parties 168
oceans, establishing guidelines for businesses, the environment, 22. Depositary Secretary General of UN
and the management of marine natural resources. 23. Languages - Arabic, Chinese, English, French, Russian, and
3. Freedom of the Seas replaced by UNCLOS Spanish
4. Freedom of the Seas national rights were limited to a specified 24. Normally, a sea baseline follows the low-water line, but when
belt of water extending from a nation's coastlines, usually 3 the coastline is deeply indented, has fringing islands or is highly
nautical miles (5.6 km) (Three-mile limit), according to the unstable, straight baselines may be used.
'cannon shot' rule developed by the Dutch jurist Cornelius van 25. Internal Waters - Covers all water and waterways on the
Bynkershoek landward side of the baseline. The coastal state is free to set
5. Hugo Grotius promulgated the mare liberum principle laws, regulate use, and use any resource. Foreign vessels have
6. President Harry S. Truman - in 1945 extended United States no right of passage within internal waters.
control to all the natural resources of its continental shelf. 26. Territorial Waters - Out to 12 nautical miles (22 kilometres; 14
7. UNCLOS I - In 1956, the United Nations held its first Conference miles) from the baseline, the coastal state is free to set laws,
on the Law of the Sea (UNCLOS I) at Geneva, Switzerland. regulate use, and use any resource. Vessels were given the
8. UNCLOS I - resulted in four treaties concluded in 1958: right of innocent passage through any territorial waters, with
9. Convention on the Territorial Sea and Contiguous Zone, entry strategic straits allowing the passage of military craft as transit
into force: 10 September 1964 passage, in that naval vessels are allowed to maintain postures
10. Convention on the Continental Shelf, entry into force: 10 June that would be illegal in territorial waters.
1964 27. Innocent Passage - is defined by the convention as passing
11. Convention on the High Seas, entry into force: 30 September through waters in an expeditious and continuous manner, which
1962 is not "prejudicial to the peace, good order or the security" of
12. Convention on Fishing and Conservation of Living Resources of the coastal state. Fishing, polluting, weapons practice, and
the High Seas, entry into force: 20 March 1966 spying are not "innocent", and submarines and other
13. UNCLOS II - In 1960, the United Nations held the second underwater vehicles are required to navigate on the surface and
Conference on the Law of the Sea ("UNCLOS II"); however, the to show their flag. Nations can also temporarily suspend

innocent passage in specific areas of their territorial seas, if 31. Continental shelf - is defined as the natural prolongation of the
doing so is essential for the protection of its security. land territory to the continental margin's outer edge, or 200
28. Archipelagic Water - A baseline is drawn between the nautical miles (370 km) from the coastal state's baseline,
outermost points of the outermost islands, subject to these whichever is greater. A state's continental shelf may exceed 200
points being sufficiently close to one another. All waters inside nautical miles (370 km) until the natural prolongation ends.
this baseline are designated Archipelagic Waters. The state has However, it may never exceed 350 nautical miles (650
sovereignty over these waters (like internal waters), but subject kilometres; 400 miles) from the baseline; or it may never
to existing rights including traditional fishing rights of exceed 100 nautical miles (190 kilometres; 120 miles) beyond
immediately adjacent states. Foreign vessels have right of the 2,500-meter isobath (the line connecting the depth of 2,500
innocent passage through archipelagic waters (like territorial meters). Coastal states have the right to harvest mineral and
waters). non-living material in the subsoil of its continental shelf, to the
29. Contiguous Zone - Beyond the 12-nautical-mile (22 km) limit, exclusion of others. Coastal states also have exclusive control
there is a further 12 nautical miles (22 km) from the territorial over living resources "attached" to the continental shelf, but not
sea baseline limit, the contiguous zone, in which a state can to creatures living in the water column beyond the exclusive
continue to enforce laws in four specific areas: customs, economic zone.
taxation, immigration and pollution, if the infringement started 32. Aside from its provisions defining ocean boundaries, the
within the state's territory or territorial waters, or if this convention establishes general obligations for safeguarding the
infringement is about to occur within the state's territory or marine environment and protecting freedom of scientific
territorial waters. This makes the contiguous zone a hot pursuit research on the high seas, and also creates an innovative legal
area. regime for controlling mineral resource exploitation in deep
30. Exclusive economic zones (EEZs) - These extend from the edge seabed areas beyond national jurisdiction, through an
of the territorial sea out to 200 nautical miles (370 kilometres; International Seabed Authority and the Common heritage of
230 miles) from the baseline. Within this area, the coastal mankind principle.
nation has sole exploitation rights over all natural resources. In 33. Landlocked states are given a right of access to and from the
casual use, the term may include the territorial sea and even sea, without taxation of traffic through transit states.
the continental shelf. The EEZs were introduced to halt the 34. International Seabed Authority (ISA) - authorize seabed
increasingly heated clashes over fishing rights, although oil was exploration and mining and collect and distribute the seabed
also becoming important. The success of an offshore oil mining royalty.
platform in the Gulf of Mexico in 1947 was soon repeated 35. The convention has been ratified by 168 parties, which includes
elsewhere in the world, and by 1970 it was technically feasible 167 states (164 member states of the United Nations plus the
to operate in waters 4,000 metres deep. Foreign nations have UN Observer state Palestine, as well as the Cook Islands, Niue
the freedom of navigation and overflight, subject to the and the European Union).
regulation of the coastal states. Foreign states may also lay 36. International Tribunal for the Law of the Sea (ITLOS) - is an
submarine pipes and cables. intergovernmental organization created by the mandate of the

Third United Nations Conference on the Law of the Sea. It was 44. Together with Lord Bryce, he played a leading role in the
established by the United Nations Convention on the Law of the founding of the group of internationalist pacifists known as the
Sea, signed at Montego Bay, Jamaica, on December 10, 1982. Bryce Group, later the League of Nations Union.
The Convention entered into force on November 16, 1994, and 45. Established the Permanent Court of International Justice
established an international framework for law over "all ocean 46. Aland Islands - is a collection of around 6,500 islands in the
space, its uses and resources". The tribunal is based in Baltic Sea, midway between Sweden and Finland. The islands
Hamburg, Germany. The Convention also established the are almost exclusively Swedish-speaking, but in 1809, the land
International Seabed Authority, with responsibility for the Islands, along with Finland, were taken by Imperial Russia. In
regulation of seabed mining beyond the limits of national December 1917, during the turmoil of the Russian October
jurisdiction, that is beyond the limits of the territorial sea, the Revolution, Finland declared its independence, but most of the
contiguous zone and the continental shelf. There are currently landers wished to rejoin Sweden. In June 1921, the League
167 signatories, 166 states plus the European Union. announced its decision: the islands were to remain a part of
37. Composition - the Tribunal has a set of 21 serving judges from Finland, but with guaranteed protection of the islanders,
a variety of states parties. including demilitarisation. With Sweden's reluctant agreement,
38. League of Nations - was an intergovernmental organisation this became the first European international agreement
founded on 10 January 1920 as a result of the Paris Peace concluded directly through the League.
Conference that ended the First World War. It was the first 47. Draft Articles on the Responsibility of States for
international organisation whose principal mission was to Internationally Wrongful Acts ("Draft Articles")
maintain world peace.[ 48. Developed by by the International Law Commission (ILC) in
39. Its primary goals, as stated in its Covenant, included preventing August 2001
wars through collective security and disarmament and settling 49. the term "state responsibility" referred only to state
international disputes through negotiation and arbitration. responsibility for injuries to aliens.
40. The League lasted for 26 years; the United Nations (UN) 50. F.V. Garca Amador of Cuba - The ILC's first special rapporteur
replaced it after the end of the Second World War on 20 April on state responsibility appointed in 1955.
1946 and inherited a number of agencies and organisations 51. Roberto Ago of Italy second rapporteur reconceptualised the
founded by the League. ILC's work in terms of the distinction between primary and
41. Capital Geneva, Switzerland secondary rules, and also established the basic organisational
42. Immanuel Kant's Perpetual Peace: A Philosophical Sketch[5] structure of what would become the Draft Articles.
outlined the idea of a league of nations to control conflict and 52. Article 19 of Draft Articles - which provided for "state crimes"
promote peace between states. 53. Attribution - Before a state can be held responsible for any
43. Goldsworthy Lowes Dickinson - a British political scientist, action, it is necessary to prove a causal connection between the
coined the term "League of Nations" in 1914 and drafted a injury and an official act or omission attributable to the state
scheme for its organisation. alleged to be in breach of its obligations. The state is
responsible for all actions of its officials and organs, even if the

organ or official is formally independent and even if the organ 65. Article 51 of the UN Charter - Nothing in the present Charter
or official is acting ultra vires. shall impair the inherent right of individual or collective self-
54. Failed States - Where there is a breakdown of normal defense if an armed attack occurs against a Member of the
governmental authority and control United Nations.
55. Defences - These include force majeure (Article 23), distress 66. An international agreement limiting the justifiable reasons for a
(Article 24), state of necessity (Article 25) and counter country to declare war against another is concerned with jus ad
measures (Articles 49-52), self-defence (article 21) and consent bellum.
(article 20). 67. Three Most Notable multilateral treaties defining entirely new
56. Countermeasure in public international law refers to reprisals restrictions against going to war are the Kellogg-Briand Pact
not involving the use of force. In other words, it refers to non- outlawing war as an instrument of national policy, the London
violent acts which are illegal in themselves, but become legal Charter (known also as the Nuremberg Charter) defining
when executed by one state in response to the commission of "crimes against peace" as one of three major categories of
an earlier illegal act by another state towards the former. international crime to be prosecuted after World War II, and the
57. The leading case on countermeasure is the International Court United Nations Charter, which binds nations to seek resolution
of Justice decision in Gabkovo Nagymaros Dams case. The of disputes by peaceful means and requires authorization by the
court remarked that, for a countermeasure to be justifiable, it United Nations before a nation may initiate any use of force
must meet the conditions below: against another, beyond the inherent right of self-defense
58. The act constituting countermeasure must be taken in response against an armed attack.
to a previous intentional wrongful act of another state and must 68. St. Thomas Aquinas - notes that to be a just war, war has
be directed against that state. not only to be declared publicly, but also must be declared by
59. The injured state must have already called upon the state the proper authority.
committing the wrongful act to discontinue its wrongful conduct 69. the aim of war must not be to pursue narrowly defined national
or to make reparation, but the request was refused. interests, but rather to re-establish a just peace.
60. The countermeasure must be commensurate with the injury 70. Bush Doctrine also anticipatory self-defense" or preemptive
suffered, taking into account the rights in question. strikes.
61. The purpose behind evoking the countermeasure is to induce 71. Principle Of Proportionality stipulates that the violence used in
the wrongdoing state to comply with its obligations under the war must be proportional to the military objectives.
international law. Therefore, the measure must be reversible. 72. For example, if there is one enemy combatant in a shopping
62. Article 22 of the International Law Commission draft articles on plaza full of 400 civilians, it would not be considered
state responsibility states that the wrongfulness of an act is proportional to the blow up the plaza. However, if there is a
precluded if the act constitutes a countermeasure. high value military target in an area with far fewer civilians (a
63. JUS AD BELLUM Latin for right to war car or a private home) an attack and the collateral damage may
64. Jus Ad Bellum - refers to "legitimate reasons a State may be consider justifiable under the rule of proportionality.
engage in war.

73. Principle Of Last Resort - stipulates that all non-violent options
must first be exhausted before the use of force can be justified
74. St. Thomas Aquinas is one of the earliest philosophers on what
makes a just war. His list of criteria were intended to protect
civilians and guarantee that wars were not just fought for the
interest of private parties.
75. Treaty of Westphalia - European settlements of 1648, which
brought to an end the Eighty Years War between Spain and the
Dutch and the German phase of the Thirty Years War. The
peace was negotiated, from 1644, in the Westphalian towns of
Mnster and Osnabrck
76. Just War Theory - The purpose of the doctrine is to ensure war
is morally justifiable through a series of criteria, all of which
must be met for a war to be considered just. The criteria are
split into two groups: "right to go to war" (jus ad bellum) and
"right conduct in war" (jus in bello).