UNCLOS – United Nations Convention on the Law of the Sea

Defines the rights and responsibilities of nations with respect to their use of the world's oceans, establishing
guidelines for businesses, the environment, and the management of marine natural resources. The Convention,
concluded in 1982, replaced four 1958 treaties. UNCLOS came into force in 1994, a year after Guyana became the
60th nation to ratify the treaty.[1] As of June 2016, 167 countries and the European Union have joined in the
Convention.

international agreement that defined the limits of the territorial seas of nations and the areas in which they could
exploit marine resources.

It also established the rules for the use of the high seas for international navigation, and outlined the rights and
responsibilities of nations in the protection of the marine environment.

defines the rights and responsibilities of nations with respect to their use of the world's oceans, establishing
guidelines for businesses, the environment, and the management of marine natural resources. The Convention,
concluded in 1982, replaced four 1958 treaties. UNCLOS came into force in 1994, a year after Guyana became the
60th nation to ratify the treaty.[1] As of June 2016, 167 countries and the European Union have joined in the
Convention.

UNCLOS replaces the older 'freedom of the seas' concept, dating from the 17th century: national rights were limited to
a specified belt of water extending from a nation's coastlines, usually 3 nautical miles (5.6 km) (Three-mile limit),
according to the 'cannon shot' rule developed by the Dutch jurist Cornelius van Bynkershoek.[4] All waters beyond
national boundaries were considered international waters: free to all nations, but belonging to none of them (the mare
liberum principle promulgated by Hugo Grotius).[5]

Internal waters
Covers all water and waterways on the landward side of the baseline. The coastal state is free to set laws, regulate
use, and use any resource. Foreign vessels have no right of passage within internal waters.

Territorial waters
Out to 12 nautical miles (22 kilometres; 14 miles) from the baseline, the coastal state is free to set laws, regulate
use, and use any resource. Vessels were given the right of innocent passage through any territorial waters, with
strategic straits allowing the passage of military craft as transit passage, in that naval vessels are allowed to maintain
postures that would be illegal in territorial waters. "Innocent passage" is defined by the convention as passing
through waters in an expeditious and continuous manner, which is not "prejudicial to the peace, good order or the
security" of the coastal state. Fishing, polluting, weapons practice, and spying are not "innocent", and submarines
and other underwater vehicles are required to navigate on the surface and to show their flag. Nations can also
temporarily suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the
protection of their security.

Archipelagic waters
The convention set the definition of Archipelagic States in Part IV, which also defines how the state can draw its
territorial borders. A baseline is drawn between the outermost points of the outermost islands, subject to these
points being sufficiently close to one another. All waters inside this baseline are designated Archipelagic Waters.
The state has sovereignty over these waters (like internal waters), but subject to existing rights including traditional
fishing rights of immediately adjacent states.[9] Foreign vessels have right of innocent passage through archipelagic
waters (like territorial waters).

Contiguous zone
Beyond the 12-nautical-mile (22 km) limit, there is a further 12 nautical miles (22 km) from the territorial sea baseline
limit, the contiguous zone, in which a state can continue to enforce laws in four specific areas: customs, taxation,
immigration and pollution, if the infringement started within the state's territory or territorial waters, or if this
infringement is about to occur within the state's territory or territorial waters.[10] This makes the contiguous zone a
hot pursuit area.

Exclusive economic zones (EEZs)

These extend 200 nautical miles (370 kilometres; 230 miles) from the baseline. Within this area, the coastal nation
has sole exploitation rights over all natural resources. In casual use, the term may include the territorial sea and
even the continental shelf. The EEZs were introduced to halt the increasingly heated clashes over fishing rights,
although oil was also becoming important. The success of an offshore oil platform in the Gulf of Mexico in 1947 was
soon repeated elsewhere in the world, and by 1970 it was technically feasible to operate in waters 4,000 metres
deep. Foreign nations have the freedom of navigation and overflight, subject to the regulation of the coastal states.
Foreign states may also lay submarine pipes and cables.

Continental shelf
The continental shelf is defined as the natural prolongation of the land territory to the continental margin's outer edge,
or 200 nautical miles (370 km) from the coastal state's baseline, whichever is greater. A state's continental shelf may
exceed 200 nautical miles (370 km) until the natural prolongation ends. However, it may never exceed 350 nautical
miles (650 kilometres; 400 miles) from the baseline; or it may never exceed 100 nautical miles (190 kilometres; 120
miles) beyond the 2,500-meter isobath (the line connecting the depth of 2,500 meters). Coastal states have the right
to harvest mineral and non-living material in the subsoil of its continental shelf, to the exclusion of others. Coastal
states also have exclusive control over living resources "attached" to the continental shelf, but not to creatures living
in the water column beyond the exclusive economic zone.

Aside from its provisions defining ocean boundaries, the convention establishes general obligations for safeguarding
the marine environment and protecting freedom of scientific research on the high seas, and also creates an
innovative legal regime for controlling mineral resource exploitation in deep seabed areas beyond national
jurisdiction, through an International Seabed Authority and the Common heritage of mankind principle.[11]
Landlocked states are given a right of access to and from the sea, without taxation of traffic through transit states.[12]
UNCLOS

Baseline – Determined by connecting points on the coastline from a large map, this is the starting point for
measuring the maritime territory of a coastal state.

Territorial sea – This is the belt of sea 12 nautical miles from the baseline. In this area, the coastal state exercises
sovereign rights and may arrest foreign ships.

Contiguous Zone – This is the maritime area not exceeding 24 nautical miles from the baselines. The coastal state
exercises authority over this area to the extent necessary to prevent infringement of its customs, fiscal, immigration,
or sanitation authority over its territorial waters. This is a response to the practice of foreign ships lingering beyond a
state’s territorial sea, and thus beyond its criminal jurisdiction, where they commit acts inimical to the coastal state.

Exclusive Economic Zone or EEZ – This is the maritime area within 200 nautical miles from a country’s baseline.
Within the EEZ, the coastal state has rights over the economic resources of the sea, seabed, and subsoil to the
exclusion of other states. However, other nations have the right of navigation and overflight over this area, subject to
the regulation of the coastal state.

Continental Shelf – This is the seabed and subsoil of the submarine areas adjacent to the coastal state but outside
the territorial sea. The continental shelf extends 200 nautical miles, and in some cases may extend up to 350 miles,
following the natural prolongation of the soil. The coastal state has the right to explore and exploit the natural
resources in this area, but this right does not extend to other materials such as shipwrecks.

What are the penalties for failure to comply with the provisions of UNCLOS?

In case of disputes, states are mandated to settle their dispute by peaceful means. This may be done through an
arbitration procedure of their choice. If no settlement is reached through an arbiter, they can bring the case to the
ITLOS, the International Court of Justice (the tribunal of the United Nations), or a special tribunal. These tribunals
mete out the penalties, which may be in the form of payment of reparations.

What is the ITLOS?

The International Tribunal on the Law of the Sea is the court created under UNCLOS to settle disputes between
states. These include matters regarding the interpretation or application of the Convention, and other issues that
may be submitted to it for adjudication by the parties. It also has the power to issue advisory opinions.

The Tribunal has 21 judges from various states and is based in Hamburg, Germany.

Has the ITLOS resolved any case so far?

To date, 19 cases have been submitted to the Tribunal. Two cases are pending before the Tribunal.

One of the cases handled by the ITLOS was the complaint from New Zealand and Australia regarding Japan’s
experimental fishing program, which they said resulted in the overfishing of Bluefin Tuna. ITLOS provisionally
ordered the parties to keep catches to the level they had agreed on, and to refrain from conducting fishing
programs.