United Nations Convention On The Law Of The Sea Historical

The treaty provided new universal legal controls for the management of marine resources and the control of pollution. Its Secretariat resides within the United Nations Division for Ocean Affairs and the Law of the Sea .

1 Historical background

The LOS was needed due to the weakness of 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 three nautical miles (5.6 km), from the ' cannon shot' rule. All water beyond national boundaries was considered international waters- free to all nations but belonging to none of them.

Into the 20th century many nations expressed a need to extend national claims: to include mineral resources, to protect fish stocks and to have the means to enforce pollution controls. This was recognized by the League of Nations and a conference was held in 1930 at The Hague, but did not result in any agreements. The first nation to undermine the 'freedom of the seas' was the United States, in 1945 President Truman unilaterally extended his nation's control to cover all the natural resources of their continental shelf. Other nations were quick to emulate the USA, in 1946- 1950 Argentina, Chile, PeruFor other uses, see Peru (disambiguation The Republic of Per ( Spanish: Per Quechua, Aymara: Piruw is a country in western South America, bordering with Ecuador and Colombia to the north, Brazil to the east, Bolivia to the east, south-east and south, Chil and EcuadorThe Republic of Ecuador is a country of South America. Republica del Ecuador ( In Detail) National motto: Libertad y Orden ( Spanish; "The peace and wellbeing, the glory and triumph" Official language Spanish Capital Quito Largest City Guayaquil President all extended their sovereign rights to a 200 nautical mile (370 km) distance - so as to cover their Humboldt CurrentThe Humboldt Current (or Peru Current is a cold ocean current at the west coast of South America. It is named after the German scientist Alexander von Humboldt. The current originates in the Southern Ocean near the Antarctic, and is thus about 7-8°C colde fishing grounds. Other nations extended their territorial seas to 12 nautical miles (22 km). By 1967Events January January 4 British motorboat racer Donald Campbell dies while attempting a water speed record in Coniston Lake. January 4 Algerian revolutionary Mohammed Khider is shot in Madrid. January 6 Vietnam War: USMC and ARVN troops launch " Operatio only twenty-five nations still used the old three nautical mile limit, sixty-six nations had set a twelve nautical mile territorial limit, and eight had set a two-hundred nautical mile limit.

2 The (First) United Nations Convention on Law of the Sea (UNCLOS I)

In 1956, the United Nations held its first Conference on the Law of the Sea (“UNCLOS I”) at Geneva, Switzerland. UNCLOS I resulted in four treaties concluded in 1958:

Although UNCLOS I was considered a success, it left open the important issue of breadth of territorial waters.

3 The Second United Nations Convention on Law of the Sea (UNCLOS II)

The United Nations followed this in 1960 with its second Convention on the Law of the Sea (“UNCLOS II”). UNCLOS II did not result in any international agreements.

4 The Third United Nations Convention on Law of the Sea (UNCLOS III)

The issue of varying claims of territorial waters was raised in the UN in 1967Events January January 4 British motorboat racer Donald Campbell dies while attempting a water speed record in Coniston Lake. January 4 Algerian revolutionary Mohammed Khider is shot in Madrid. January 6 Vietnam War: USMC and ARVN troops launch " Operatio by Arvid Pardo and in 1973Events January events January 1 United Kingdom, Ireland, and Denmark enter the European Economic Community now known as the European Union January 3 Columbia Broadcasting System (CBS) sells the New York Yankees for $10 million to a 12-person syndicate led the Third United Nations Conference on the Law of the Sea was convened in New YorkNew York is a state in the northeastern United States whose U. postal abbreviation is NY . It is sometimes called New York State when there is need to distinguish it from New York City. History See: History of New York New York was one of the thirteen col to write a new treaty covering the oceans. The convention lasted until 1982Events January January 6 William Bonin is convicted of being the "freeway killer". January 8 AT&T agrees to divest itself of twenty-two subdivisions January 11 Mark Thatcher, son of the British Prime Minister Margaret Thatcher, disappears in the Sahara du and over 160 nations participated. The convention was conducted under a process of consensus rather than majority vote in an attempt to reduce the possibility of groups of nation-states dominating the negotiations. The convention came into force on November 14November 14 is the 318th day of the year (319th in leap years) in the Gregorian Calendar, with 47 days remaining. Events 1800-1899 1851 Herman Melville's novel Moby-Dick is published in the U. by Harper & Brothers, New York after it was first published on, 1994, one year after the sixtieth state, Guyana, signed it.

The convention introduced a number of provisions, the most significant issues covered were - setting limits; navigation; exclusive economic zones (EEZ); continental shelf jurisdiction; deep seabed mining; the exploitation regime; protection of the marine environment; scientific research; and settlement of disputes.

The convention set the limit of territorial waters to 12 nautical miles, in which area the controlling state is free to set laws, regulate any 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. Beyond the 12 nautical mile limit there was a further 24 nautical mile limit, the 'contiguous zone', in which area a state could continue to enforce laws regarding activities such a smuggling or illegal immigration.

The exclusive economic zones (EEZ) extended the exploitation rights of coastal nations to 200 nautical miles from shore, covering all natural resources. The EEZ 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, by 1970 it was technically feasible to operate in waters 4000 metres deep.

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.

Opened for signature - December 10, 1982

Entered into force - November 16, 1994

Parties - (137) Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, The Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei, Bulgaria, Burma, Cameroon, Cape Verde, Chile, People's Republic of China, Comoros, Democratic Republic of the Congo, Cook Islands, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Djibouti, Dominica, Egypt, Equatorial Guinea, European Union, Fiji, Finland, France, Gabon, The Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Iceland, India, Indonesia, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, South Korea, Kuwait, Laos, Lebanon, Luxembourg, The Former Yugoslav Republic of Macedonia, Madagascar, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Federated States of Micronesia, Monaco, Mongolia, Mozambique, Namibia, Nauru, Nepal, Netherlands, New Zealand, Nicaragua, Nigeria, Norway, Oman, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Philippines, Poland, Portugal, Romania, Russia, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, São Tomé and Príncipe, Saudi Arabia, Senegal, Serbia and Montenegro, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Tanzania, Togo, Tonga, Trinidad and Tobago, Tunisia, Uganda, Ukraine, United Kingdom, Uruguay, Vanuatu, Vietnam, Yemen, Zambia, Zimbabwe

Countries that have signed, but not yet ratified - (33) Afghanistan, Belarus, Bhutan, Burkina Faso, Burundi, Cambodia, Canada, Central African Republic, Chad, Colombia, Republic of the Congo, Denmark, Dominican Republic, El Salvador, Ethiopia, Hungary, Iran, North Korea, Lesotho, Liberia, Libya, Liechtenstein, Malawi, Morocco, Niger, Niue, Qatar, Rwanda, Swaziland, Switzerland, Thailand, Tuvalu, United Arab Emirates

5 External Links

Treaties Law of the sea

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