United Nations Convention on the Law of the Sea

India recently reaffirmed its adherence to the UN Convention on the Law of the Sea (UNCLOS). India also backed unrestricted trade, freedom of navigation and over flight, and other aspects of international law, particularly the UNCLOS 1982. India is a UNCLOS state party.

What is the Meaning of Law of the Sea?

The use and maintenance of the ocean's environment and its natural resources are governed by a body of public international law known as the law of the sea, which also establishes the rights and obligations of coastal states. The United Nations Convention on the Law of the Sea (UNCLOS), which was developed under the auspices of the United Nations and was ratified by 117 states in 1982 before going into effect in 1994, is the international treaty most often linked with the law of the sea.

What is UNCLOS?

UNCLOS, commonly referred to as the Law of the Sea Convention or "Law of the Sea Treaty, establishes governments' obligations with regard to the usage of the world's oceans.

• In order to establish laws governing all uses of the oceans and their resources, the United Nations Convention on the Law of the Sea establishes a comprehensive regime of law and order throughout the world's oceans and seas.

• It firmly establishes the idea that all issues relating to ocean space are interconnected and must be handled as a whole.

Major Convention of UNCLOS

There are three major conferences of UNCLOS-

UNCLOS I, 1958	Several conventions pertaining to territorial sea, contiguous zone, Continental shelf, High Seas and fishing rights were successfully put into effect as a result.
UNCLOS II, 1960	Regarding the size of territorial waters, no agreement was reached.
UNCLOS III, 1973 to 1982	Many provisions were introduced. The preservation of the marine environment, deep bottom mining, limit setting, continental shelf jurisdiction, navigation, transit regimes, and dispute resolution were among the most important topics tackled. Adoption of UNCLOS in 1982 marked its conclusion.
1994	UNCLOS III came into force.

Features of UNCLOS

The following is a list of some of the key components of the UN Convention on the Law of the Sea −

• UNCLOS grants nations full money rights over a 200-mile zone along the coast.

• The sea and ocean floor that extend to this area are recognized as belonging to a country's Exclusive Economic Zone (EEZ), and that country is permitted to utilize these waters for economic purposes.

• The International Maritime Organization (IMO) is a significant institution that is essential to UNCLOS operations.

• The International Seabed Authority and the International Whaling Commission are two other significant parties involved in nautical law and how it operates.

Formation of UNCLOS

The United Nations Convention on the Law of the Sea was created in order to replace the earlier idea from the 17th century known as the "Freedom of the Seas," under which a nation's rights were restricted to a certain area of water that extended up to three nautical miles from its coastline. Hence, the areas of water that extended outward from country boundaries by more than 3 nautical miles were referred to as international waters.

Early in the 20th century, a number of nations asserted their national claims to additional resources, including mineral resources, fish stock protection, and the provision of resources for the enforcement of pollution regulations. Harry S. Truman expanded American jurisdiction over all natural resources on the Continental Shelf as a result in 1945. Soon, three other nations—Chile, Peru, and Ecuador—extended their rights to cover their fishing grounds to a distance of 370 km, while the other countries likewise did so between 1946 and 1950, extending their territorial seas by 22 km.

During the third United Nations Conference on the Law of the Sea in 1973, questions relating to the various claims of territorial seas were brought up. This was in 1967. The UN Ambassador asked for a legal authority during the conference that might establish global control over the ocean bottom and bed.

Conclusion

The foundation of the UN Convention on the Law of the Sea is the agreement of the contracting states. It is referred to as the "Constitution for the Seas" and is one of the most important and forward-thinking international tools of our day. It embodies customary international law. With regard to all facets of maritime areas, as well as their activities and effects, the revised wording has a wider focus (various kinds of pollution, for example). It incorporated all of the scientifically validated information in the four prior conventions while creating new rules, taking a more comprehensive, worldwide approach.

Frequently Asked Questions

Q1. Who has ratified UNCLOS?

Ans. There are 168 parties that have ratified UNCLOS. There are 164 of them, together with the European Union, the Cook Islands, Niue, Palestine, a UN Observer State, and the United Nations. The United States of America is among the most important States that neither signed nor ratified UNCLOS.

Q2. How many nations are parties to UNCLOS?

Ans. 168 parties, UNCLOS has been signed by an additional 14 UN members, but they have not yet done so. UNCLOS has only been ratified or signed by 16 Member and Observer States of the United Nations.

Q3. Why is UNCLOS a failure?

Ans. Since its adoption, UNCLOS has come under fire for a number of issues, from the way it adversely affects the security or economic interests of some States to the challenges it faces in enforcing some of its terms when its parties fail to comply

Q4. What is the purpose of UNCLOS?

Ans. The 1982 United Nations Convention on the Law of the Sea (UNCLOS), commonly referred to as the "Constitution for the oceans," has 168 parties and establishes the legal parameters for all activities that take place in the oceans and seas. Three institutions were created by it: international court for maritime law.

Q5. How important is UNCLOS?

Ans. Seabed users and coastal nations have distinct borders defined by UNCLOS that adhere to global standards. UNCLOS will help to address most of the current disputes and ambiguity regarding the rights and obligations of international cables laid on the United States' continental shelf and margin as well as the limitations of that country's continental shelf and margin.