United Nations Convention on the Law of the Sea (UNCLOS) - UPSC Notes

The UNCLOS is an international agreement adopted in 1982. The full form of UNCLOS is the United Nations Conference on the Law of the Sea. It establishes guidelines for businesses, the environment, and the management of marine and natural resources. UNCLOS provides an integrated system for upholding law and order across the oceans and seas of the globe. The international accord formulates norms covering diverse aspects of ocean utilization and management of resources. The Convention synthesizes customary principles with new conceptualizations and regimes in law, in addition to solving existing problems and issues in maritime activities.

In addition, it functions as a foundational framework for the ongoing evolution of specific areas within the realm of maritime law.

International organisations have been an important part of the UPSC IAS exam, as questions from this have been asked both in the prelims and mains. This article talks in detail about UNCLOS UPSC, the various initiatives under it, and the recent Enrica Lexie case.

Also, study about the Important National and International Days and Dates from the linked article.

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Why is UNCLOS in the News?

India has signed the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, in September 2024. The BBNJ agreement is also known as the High Seas Treaty. This ratification by India marks a significant milestone in international ocean governance. The BBNJ agreement operates under the framework of the United Nations Convention on the Law of the Sea (UNCLOS).

The United Nations Convention on the Law of the Sea was adopted in 1982, and it replaced the Quad Treaty 1958 Convention on the High Seas. It came into force in 1994. Later in the year 2016, it was joined by 167 countries and the European Union. India signed the Convention in 1982. It ratified it in 1995. It is also known as the law of the Sea Convention for the law of the sea treaty. It gives the rights and responsibilities of nations concerning the use of the world’s oceans. It proposes a regime of law and order in the world’s oceans and seas. It sets up rules that govern the uses of the ocean as well as its resources. It puts forward the idea that issues related to these water bodies are closely interrelated and have to be addressed as a whole.

Formation of UN Convention on Law of the Sea

The concept of "Freedom of the Seas" existed from the 17th century. The United Nations Convention on the Law of the Sea replaced it. Under the old concept, national rights extended up to 3 nautical miles from the coastline, and waters beyond this limit were considered International Waters.

• In the early 20th century, nations began extending their claims for reasons such as mineral resources, fish stock protection, and pollution control enforcement.
• President Harry S Truman extended U.S. control over its Continental Shelf in 1945, setting a precedent.
• Chile, Peru, and Ecuador later extended their rights to 370 km for their fishing grounds, and other nations followed by extending their territorial seas to 22 km between 1946 and 1950.
• The issues surrounding varying territorial water claims led to discussions in the United Nations during the third United Nations Conference on the Law of the Sea in 1967.
• During the conference, the UN Ambassador proposed establishing legal mechanisms for international governance over the ocean floor and bed.

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UNCLOS has been subscribed to by the majority of countries across the world, an indicator of its importance and widespread acceptance. Although some nations are yet to sign the treaty, they routinely observe its provisions in practice.

• International Participation: More than 160 nations are signatories to the convention, including the majority of major maritime states.
• Non-Members: Certain nations, like the United States, are not signatories to the treaty but follow its principles in general.
• International Cooperation: Membership involves a broad range of countries, in favor of international cooperation on maritime issues.
• Institutional Organizations: For the supervision of enforcement, the convention establishes organizations such as:
  • the International Seabed Authority and
  • the Commission on the Limits of the Continental Shelf.

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Features of the United Nations Convention on the Law of the Sea 1982

UNCLOS is a landmark international treaty. It outlines the rights and responsibilities of nations with their use of the world’s oceans. It sets forth a legal framework to promote the peaceful use, equitable resource allocation, and environmental preservation of the marine environment.

• Territorial Waters: Defines a nation's control up to 12 nautical miles from its coast.
• Exclusive Economic Zones (EEZ): Nations have special rights to make use of the resources up to 200 nautical miles from their coast.
• Continental Shelf Jurisdiction: Rights over the continental shelf extend to 350 nautical miles for resource exploration and exploitation.
• Navigation Rights: Provides guidelines for innocent passage through territorial waters and transit passage in straits.
• Environmental Protection: Establishes rules for marine environmental conservation and pollution control.
• Dispute Settlement: Offers mechanisms for resolving disputes between countries regarding maritime issues.

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UNCLOS Maritime Zones

UNCLOS is the sole international Convention that requires a framework for state jurisdiction in sea areas. It gives varying legal status to various maritime areas. The UNCLOS classifies Marine areas into five principal zones. They include:

Baseline

This is the low water line along the coast as officially recognised by the coastal state.

Internal water

Internal waters are waters to the landward of the baseline. The width of the territorial sea is to be measured from here. The state in the coastal region possesses complete sovereignty in its internal waters, similar to its land. No right exists of innocent passage across the internal waters. The Innocent passage is the passing of the waters that are not injurious to peace and security. The Nations are entitled to suspend them.

Territorial Sea

It extends seaward or towards the sea up to 12 nautical miles from the baseline. The nautical mile depends upon the circumference of the earth. It is equal to one minute of latitude. 1 nautical mile is equal to 1.1508 land miles or 1.85 km. The states in the coastal area have sovereignty and jurisdiction over the territorial sea. But the innocent passage restricts the rights of the coastal State. The rights of coastal states go up to the surface and even to the seabed, subsoil, and airspace.

Contiguous zone

It goes out to sea as far as 24 nautical miles from its baseline. It is a medium zone between the territorial Sea and the high Sea. The coastal state can prevent and punish infringement of fiscal, immigration, sanitary, and customs law within its territory and territorial Sea. This zone gives jurisdiction to a state on its ocean surface and floor and does not provide space and air rights.

Exclusive Economic Zone

Every coastal state can claim an EEZ beyond and off the edge of its territorial Sea. This goes towards the sea up to 200 nautical miles from its baseline. In EEZ, a coastal state possesses sovereign rights:

• to study, use up, conserve, and administer natural living or nonliving resources of the seabed and subsoil, and
• to conduct activities such as the generation of energy from the currents of water and wind.

High Seas

This zone extends beyond the EEZ and is called High Seas. It is beyond any national jurisdiction. It is referred to as the collective heritage possessed by humankind. States can take up activities in these areas as long as they are for peaceful purposes such as undersea exploration, transit, and Marine science.

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Initiatives Under the UNCLOS

Many initiatives were taken after the setting up of the United Nations Conference on the Law of the Sea, which are mentioned below:

International Tribunal for the Law of the Sea (ITLOS)

The International Tribunal for the Law of the Sea is an independent judicial body. It was set up by the UNCLOS to advocate disputes arising out of the interpretation and application of the Convention.

• ITLOS is composed of 21 independent members.
• It is headquartered in Hamburg, Germany.
• The state parties elect their judges. There are 21 judges which are elected for a term of 9 years.
• It is open to States parties to the Convention and other than state parties like state enterprises and private entities.

International Seabed Authority (ISA)

The International Seabed Authority is an intergovernmental body. It is situated in Kingston, Jamaica. It was set up in 1994 by the United Nations Convention on the Law of the Sea. All parties to the UNCLOS are members of this body.

• It is mandatory to organise, regulate and control all mineral-related activities in the international sea bird area beyond the limits of national jurisdiction. This area underlines most of the world’s oceans.
• Its main accomplishment has been the regulations regarding the exploration of polymetallic nodules, which contain varying amounts of Manganese, Cobalt, Copper and Nickel.
• India's right, which gave exclusive rights to test seabed polymetallic nodules in the Central Indian Ocean Basin (CIOB), has recently been extended for five years. All of these rights encapsulate over 75,000 sq. km of international water that the International Seabed Authority has extended to developmental ventures.

Commission on the Limits of the Continental Shelf (CLCS)

The United Nations Commission on the Limits of the Continental Shelf exists under the Law of the Sea Convention of the United Nations.

• It has been assigned to play a key role in the setting up of the outer limits of the continental shelf beyond 200 nautical miles of the coastal State.

• It assesses the entitlement of a coastal nation to an area of the Continental shelf beyond 200 nautical miles.
• Offer scientific and Technical guidance to the coastal state during its preparation for its submission of the claim.
• It has 21 members who will be geology, geophysics or hydrography experts elected by State parties to the Convention from amongst their nationals.

Also, read about ASEAN from the perspective of UPSC Exams.

Dispute Resolution Mechanism under UNCLOS 1982

It provides for a dispute resolution mechanism related to maritime boundaries in which member states can choose either of the following:

• International Tribunal for the Law of the Sea
• International Court of Justice
• Arbitral Tribunal (constituted with regards to Annex VII, UNCLOS)
• Special arbitral Tribunal (constituted with regards to Annex VIII, UNCLOS)

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Importance of the United Nations Convention on the Law of the Sea 1982

UNCLOS is vital in the regulation of marine resources, maintaining maritime security, and promoting international cooperation. It promotes sustainable use of the ocean and responds to global concerns like environmental protection and safe navigation.

• Resource Management: Safeguards and regulates the utilization of marine resources, supporting the sustainable growth of oceanic resources.
• Maritime Security: Contributes to preventing conflicts by having well-defined maritime boundaries and rights.
• Environmental Protection: Promotes the conservation of marine ecosystems and biodiversity, dealing with ship and land-based pollution.
• Global Commerce: Facilitates international trade by ensuring freedom of navigation and overflight, boosting the global economy.
• Legal Framework: Provides a universally accepted legal structure, facilitating cooperation and conflict resolution among nations.

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UNCLOS and India

India has played a constructive role in deliberations leading to the UNCLOS adoption in 1982 and has been a party to the Convention since 1995. India has invested heavily in exploring non-living resources in the deep International waters for polymetallic nodules. India supported the freedom of navigation and overflight and unpaid comers. This was based on the principles of international law that reflected notably in the UNCLOS 1982. India is committed to safeguarding maritime interests. It is committed to strengthening security in the Indian Ocean region (IOR) to ensure a favourable and positive Maritime environment.

The Enrica Lexie Case

In the Enrica Lexie case in 2012, two Italian marines from the oil tanker Enrica Lexie were arrested by Indian officials. The two marines mistakenly fired at and killed two local Indian fishermen aboard their vessel as they thought that they were pirates. The dispute created tension in relations between Italy and India when Italy claimed India did not have the right to try the two marines.

After three years, Italy appealed to the International Tribunal for the Law of the Sea to allow the marines to remain in Italy during the trial and halt India's criminal prosecution. In 2015, ITLOS ruled that both Italy and India should suspend all domestic prosecutions related to the Enrica Lexie case.

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