Presentation by Justin Ordoyo University of the Philippines College of Law

1. The 1982
United Nations
Convention on the
Law of the Sea
Justin Adriel Espaldon Ordoyo
U.P. College of Law

2. Abbreviations
UNCLOS United Nations Convention on the Law of the Sea
CS / FS Coastal State / Flag State
TS Territorial Sea
EEZ Exclusive Economic Zone
nmi Nautical mile (1 nmi = 1.852 km)

3. Contents
HIS History
SIG Signatories
I Introduction
II Territorial sea and contiguous
zone
III Straits used for international
navigation
IV Archipelagic states
V Exclusive economic zone
VI Continental shelf
VII High seas
VIII Regime of islands
IX Enclosed or semi-enclosed seas
X Right of access of land-locked
states to and from the sea
XI The area
XII Protection and preservation of
the marine environment
XIII Marine scientific research
XIV Development and transfer of
marine technology
XV Settlement of disputes
XVI General provisions
XVII Final provisions

4. HISTORY
History
17th century
• National rights were limited to a specified belt of water extending from a
nation’s coastlines (usually 3 nmi according to the ‘cannon shot’ rule by
Cornelius van Bynkershoek)
• “Freedom of the seas” concept: All waters beyond national boundaries
were considered international waters: free to all nations, but belonging to
none of them (mare liberum principle by Grotius)
20th century
• Some nations expressed their desire to extend national claims to include
mineral resources, protect fish stocks and enforce pollution controls.
• League of Nations called a 1930 conference but no agreements resulted.
• In 1945, Pres. Truman extended US control to all natural resources of its
continental shelf. Other nations followed suit.
• 1946-1950. Chile, Peru and Ecuador extended their rights to 200 nmi
• Other nations extended their territorial seas to 12 nmi (22 km)

5. HISTORY
History
After WWII, the international community requested that the UN ILC consider codifying
the existing laws relating to the oceans. The commission prepared four draft
conventions, which were adopted at the first UN Conference on the Law of the Sea.
UNCLOS I
Feb 24 - Apr 29, 1958
Adopted the 1958
Geneva Conventions:
•Convention on the Territorial
Sea and Contiguous Zone
•Convention on the High Seas
•Convention on Fishing and
Conservation of the Living
Resources of the High Seas
•Convention on the
Continental Shelf
Although successful, it left
open the vital issue of
breadth of territorial sea.
UNCLOS II
Mar 17 – Apr 26, 1960
Did not result in any
international
agreements.
Failed once again to fix a
uniform breadth for the
territorial sea or establish
consensus on sovereign
fishing rights.
Developing nations
participated only as
allies, or dependents of
the US or the Soviet
Union, with no significant
voice of their own.
UNCLOS III
1973 - 1982
Took effect: Nov. 16, 1994
(1 year after ratification
by the 60th state)
Features:
Definition of maritime
zones
Provisions for passage of
ships, protection of
marine environment,
freedom of scientific
research, and
exploitation of resources

6. Signatories
Signed: 10 December 1982
Entry into force: 14 November 1994 (After Guyana became the 60th nation to sign)
States Parties: 166 (as of December 2013)

7. U.S. non-ratification of the UNCLOS
Pro-ratification
• Environment: UNCLOS sets a
legally binding int’l standard
which aims to protect marine env.
• National security: In the absence
of treaty law, the US relies on
customary law that can change
as states’ practices change
• International diplomacy: UNCLOS
offers a peaceful way to resolve
disputes through the ITLOS
• Helpful to allies: May help resolve
South China Sea territorial dispute
Anti-ratification
• National sovereignty: The treaty
creates the Int’l Seabed Authority
(ISA) with its own dispute tribunal
• Environment: UNCLOS would
provide new avenues for non-US
environmental orgs. to affect
domestic US environ. Policies
• Taxation: License fees and taxes
levied by ISA would be “taxation
w/o representation”
• Lack of need: US already honors
almost all provisions of the treaty

8. Introduction – Use of terms and scope
Area seabed and ocean floor and subsoil thereof, beyond the limits of
national jurisdiction
Authority International Seabed Authority (ISA)
Activities in
the Area
all activities of exploration for, and exploitation of, the resources of
the Area
Pollution of
the marine
environment
Introduction by man, directly or indirectly, of substances or energy
into the marine environment, including estuaries, which results or is
likely to result in such deleterious effects as harm to living resources
and marine life, hazards to human health, hindrance to marine
activities, including fishing and other legitimate uses of the sea,
impairment of quality for use of sea water, reduction of amenities
States
Parties
States which have consented to be bound by this Convention
and for which this Convention is in force
I

9. Territorial Sea and Contiguous Zone
II
1. CS sovereignty extends to the air space over the territorial sea as well
as to its bed and subsoil (2)
2. The sovereignty over the territorial sea is exercised subject to this
Convention and to other rules of international law (2)
3. Every State has the right to establish the breadth of its territorial sea
up to a limit not exceeding 12 nmi, measured from baselines
determined in accordance with this Convention (3)

10. INTERNAL WATERS and TERRITORIAL SEA
Activity Internal Waters Territorial Sea
Navigation Convention N/A except
where establishment of
baseline encloses new
internal waters (8)
Applicable with regard to
innocent passage of
merchant vessels (17-28) and
warships (17-26; 29-32)
Overflight, Fishing, Laying
submarine cable, mining
Convention N/A
Scientific Research Convention N/A CS consent required (245)
Imposition of
environmental legislation
Convention N/A
Only by CS(21; 192);
Must not hamper innocent
passage (211; 220);
Warships (236)
II

11. BASELINE
Step 3
• LTE without permanent
installations (7; 13)
beyond the breadth of
the territorial sea have
no territorial sea of
their own
• Islands have their own
territorial sea (121)
• Off-shore installations /
artificial islands do not
have island status and
do not affect baselines
(11; 60; 80; 147; 259)
Step 2
• Low-tide elevations
(LTE) 12 nm or less from
the mainland (13)
• Installations on LTE
permanently above
sea-level even when
beyond 12 nm (7)
•Mouths of rivers (9)
• Low-water marks of
natural entrance
points of bays (10)
• Points along a deeply
indented coastline (7)
Step 1
• Normal baseline is the
low-water line along
the coast (5)
• For an island or atoll,
the seaward low-water
line (6)
• Outermost permanent
harbor works forming
an integral part of the
harbor system are
regarded as forming
part of the coast (11)
II
*The coastal state is to deposit charts or lists showing the baseline with the UN Sec.-Gen. (16)

12. II

13. Restrictions on the
Sovereignty of the Coastal State (2)
1. CS may only adopt laws as
given in Art. 21
2. CS may not regulate the
design, construction,
manning, or equipment of
foreign vessels (21) but may
implement other pollution
measures (194)
3. CS is to make public all
applicable laws (21) and any
dangers to navigation (24)
4. Regulations which hamper
innocent passage may not be
adopted (24; 214)
5. CS is to abstain from
discriminatory measures
against any ship (24)
6. CS may exercise jurisdiction in
criminal cases only if (27):
• Consequences extend to CS
• Disturbs the peace of CS or
good order of TS
• Diplomatic agent or master
of the ship of FS requests
assistance of local authorities
• Necessary for the suppression
of illicit traffic in narcotics
II

14. 7. CS may levy execution
against or arrest ship only in
respect of obligations or
liabilities assumed or incurred
in the course of its voyage
through CS waters (28)
8. Charges may not be levied by
reason only of passage (26)
9. Warships and other govt. non
commercial vessels are
immune (32); CS required to
allow these vessels passage if
they comply with CS laws (30)
II

15. Right of Innocent Passage (17)
1. Passage must be continuous &
expeditious (18). Exception:
• Delayed passage incidental
to ordinary navigation
• Force majeure or distress
• To render assistance to
persons, ships or aircraft in
danger or distress
2. Nuclear ships and ships
carrying dangerous materials
must carry documents and
take precautions (23)
3. CS may adopt regulations in
the areas enumerated in Art.
21 (211; 260)
4. CS may establish sea lanes (22)
5. CS may prevent passage which
is not innocent and breach of
conditions (25)
6. Arrest and investigation can
take place as specified in Art.
27 and 28 (e.g. 73; 220)
7. Charges may be levied for
specific services rendered (26)
8. Submarines must navigate on
surface and show flag (20)
II
Passage is innocent so long as it is not prejudicial to CS peace, good order or security.

16. 9. CS may suspend the right of
innocent passage as long as
such suspension (25):
• does not discriminate among
foreign ships, in form or in fact
• is temporary
• specifies the areas where
innocent passage shall not
be allowed
• is essential for its security
• is duly published
10. Certain activities not having
direct bearing on passage are
not regarded as innocent (19)
• Threat or use of force against
CS sovereignty, territorial
integrity or political
independence
• Exercise or practice with weapons
• Any act aimed at collecting
information to the prejudice of CS
defense or security
• Any act of propaganda affecting
the same
• Launching, landing or taking on
board of any aircraft or military
device
• Loading or unloading of any
commodity, currency or person
contrary to CFIS laws
• Any act of willful & serious pollution
• Any fishing activities
• Research or survey activities
• Any act aimed at interfering with
communications systems or any
other CS facilities or installations
• Any other activity not having a
direct bearing on passage
II

17. CONTIGUOUS ZONE
Activity Rights of Foreign Nationals in Contiguous Zone
Navigation • Full rights if compatible with Convention (58; 87-115)
• Restricted by Art. 33 (Power of CS to prevent and punish
infringement of customs, fiscal, immigration or sanitary laws)
• Boarding and search by CS only to prevent and punish
infringement of specific coastal state laws
• Removal of historical objects only with CS approval (303)
Over-flight Full rights
Fishing No rights after establishment of EEZ. Exception: 62 par. 2
Scientific Research CS consent is required when EEZ has been established (246)
Laying of Cable Full rights (58, 79); CS consent for routing required (79)
Mining No rights (CS rights over cont. shelf need not be claimed) (76)
Environ. Legislation Must observe CS sanitary laws (33) and pollution laws (Part XII)
II
A zone adjacent to the TS that may not extend beyond 24 nmi from the baselines.

18. International Straits
III

19. Restrictions on the Sovereignty and
Jurisdiction of the State Bordering the Strait
III
1. State may adopt laws and
regulations only as
enumerated in Art. 42
2. Laws may not discriminate nor
undermine the right of transit
passage (42)
3. Transit passage may not be
hampered or suspended (44)
4. Co-operation with other states
with regard to navigational
aid and pollution prevention
(43)
5. No restrictions on warships (38)
6. Provisions on prevention of
pollution from vessels (Part XII)
are not applicable unless
major damage or threat of
major damage (233)
N.B.: Any activity not an exercise
of the right of transit passage is
subject to the regime of the
territorial sea (38)

20. Restrictions on
Transit Passage for Vessels
III
1. Vessels must observe laws
adopted, in accordance with
Art. 42
2. Vessels must comply with
duties enumerated in Art. 39
(e.g. refrain from threats or use
of force)
3. Passage must be continuous
and expeditious(38) and
comply with international
safety and pollution
regulations (38; 42)
4. Vessels must refrain from
research and surveys(40)
5. Vessels must observe sea lanes
and traffic separation
schemes (41)
6. Flag states are liable for
vessels entitled to immunity
(42; 236)

21. Archipelagic States
IV

22. Archipelagic States
Use of Terms (46)
• Archipelagic State: a State
constituted wholly by one or
more archipelagos and may
include other islands
• Archipelago: a group of islands,
interconnecting waters and
other natural features so closely
interrelated that they form an
intrinsic geographical,
economic and political entity,
or which historically have been
regarded as such
Right of Innocent Passage (52)
1. Ships of all States enjoy right of
innocent passage through AW
2. AS may suspend right as long
as suspension:
1. does not discriminate among
foreign ships, in form or in fact
2. is temporary
3. specifies the areas where
innocent passage shall not
be allowed
4. is essential for its security
5. is duly published
V

23. 1. Ships of all States enjoy the right of innocent passage through
archipelagic waters
2. AS may suspend the right of innocent passage as long as such
suspension:
1. does not discriminate among foreign ships, in form or in fact
2. is temporary
3. specifies the areas where innocent passage shall not be allowed
4. is essential for the protection of its security
5. is duly published
IV
Right of innocent passage (52)

24. Archipelagic Sea Lanes
IV
Archipelagic sea lanes passage: The exercise of the rights of navigation
and overflight for continuous, expeditious and unobstructed transit
between one part of the high seas or EEZ and another part thereof (53)
1. Sea lanes (SL) shall be defined
by a series of continuous axis
lines from every entry point of
passage routes to exit point
2. AS may establish sea lanes
which traverse the AW and
the adjacent TS
3. SLs include all normal passage
routes and navigational
channels within such routes
4. Vessels must not deviate more
than 25 nmi to either side of
the axis line during passage,
BUT they must not navigate
closer to the coast than 10%
of distance between nearest
points on islands bordering SL
5. AS may prescribe traffic
separation schemes for SLs to
ensure safe passage of vessels
through narrow channels

25. ARCHIPELAGIC WATERS
IV
Activity Rights of Foreign Nationals in Archipelagic Waters
Navigation Innocent passage but may be suspended for security (52; 54);
Right of “archipelagic sea lane passage” (53 par. 2);
SLs and traffic sep. schemes are to be respected (53 par. 11);
Sea lane passage may not be hampered/suspended (54; 44);
Overflight Right of overflight but must follow designated corridors (53);
Observe Rules of the Air; monitor assigned radio freq. (54; 39)
Fishing By agreement; AS must recognize traditional fishing rights (51)
Scientific Research AS consent is required (54; 40)
Laying of Cable Foreign states have rights only on existing cables (51)
Mining No rights
Environ. Legislation AS may adopt laws to give effect to int’l regulations (54; 42)

26. Exclusive Economic Zone
V

27. Exclusive Economic Zone (EEZ)
Rights of the Coastal State
IV
Activity Regulations Impact on Rights
Manage-ment
Of the natural resources (56) Coastal state must act with due
regard for rights and duties of
other states (56 par. 2)
Living
Resources
Fishing (56; 61-67) sedentary
species (77 par. 3)
Participation of land-locked and
geographically disadvantaged
states and others (62 par. 2-3)
Non-living
Resources
Production of energy from water,
current, wind, etc. (56);
Mining (56; 76-85)
None
Artificial
Islands
(56 par. 2; 60) Due regard to shipping, including
safety zones (60 par. 3-5; 260-262)

28. IV
Activity Regulations Impact on Rights
Marine
scientific
research
(56 par. 2; 246-262) International cooperation (242);
Peaceful purposes only (246);
Non-interference with shipping
(260-262) by artificial islands
Law
enforce-ment
Fishing, inspection, arrest,
proceedings (73)
Release vessel upon security (73);
No imprisonment in fishing cases
(73 par. 3)
Other uses
of sea bed
Sovereign rights in drilling (81);
Tunneling (85)
Coastal state has to accept
cables and pipelines (79)

29. Exclusive Economic Zone (EEZ)
Duties of the Coastal State
IV
Activity Regulations Impact on Duties
Conserva-tion
Natural resources (56), in
particular, fish (61)
Contribution and exchange of
data (61 par. 5)
Utilization Of living resources (62) Coastal state must regulate fishing
by other states (62 par. 4)
Environ.
Protection
(56; 192-237) Coastal state is responsible and
liable (232; 235; 304)
Conflict
Resolution
(59; 297-298) Limitation of applicability (297);
Release of fishing vessels (292)
Zone
Delimit.
(74, 75) Dispute procedure with opposite/
adjacent states if not otherwise
settled (74 par. 2; 298)

30. FISHERIES
Conservation and Utilization
Conservation (61)
• Determination of allowable catch
on the basis of:
• Best scientific evidence available
• Duty to maintain/restore stocks
• Avoidance of threat to species
• Cooperation with int’l orgs.
• Available scientific info is to be
contributed and exchanged
• For stocks not only in one
economic zone, co-operative
efforts required (63-67; 116)
Utilization (62)
• Coastal State is to
• promote optimum utilization
• determine capacity of its fish
industries
• allow, if surplus, geographically
disadvantaged states to
participate (62; 69; 70; 72)
• determine conditions for fishing
by other states (62 par. 4)
• Release arrested vessels upon
payment of security;
imprisonment or corporal
punishment not permitted (73)
V

31. FISHERIES
Measures with Regard to Stocks and Species
V
Type General Third States International org.
Stocks & Asso.
CS to cooperate with
Involvement of sub-regional/
Species (63)
states concerned
regional org.
Hi. Migratory
Species (64)
Species in Annex I Cooperation directly
w/ states concerned
1. With existing orgs.
2. Else, establish org.
Marine
Mammals (65)
Stricter measures
than in Part V may
be taken
States are to
cooperate
Work through approp.
organizations, esp.
for cetaceans
Anadromous
stocks (66);
Catadromous
species (67)
State where
species spends
most of life cycle
responsible
1. Fishing primarily for
responsible state
2. Co-operate with
states concerned
Involvement where
appropriate;
None for
catadromous species
Sedentary
spec. (68; 77)
Treated as natural
seabed resources
None None

32. VI
Continental Shelf

33. Rights of Foreign Nationals in the EEZ,
Continental Shelf, and on the High Seas
VI
Activity EEZ Continental Shelf High Seas
Navigation Free, if compatible
with Convention
(FICC) (58; 87-115)
Equal rights for all (87) Equal rights for all (87;
90)
Overflight FICC (e.g. 222,
Pollution)
Equal rights for all (87) Equal rights for all (87)
Fishing Agreements (62);
Geog. disadvan.
states (69-70)
Equal rights (87; 116-
120), except seden-tary
species (77)
Equal rights for all (87;
116-120)
Scientific
research
Consent
necessary (246)
Water column: Equal
rights (87); Sea-bed:
Consent (246)
Equal rights (87)
Except, on “outer
shelf” (246), and
“Area” (requires co-operation)
(143)

34. VI
Activity EEZ Continental Shelf High Seas
Cables Free, consent for
routing required
(56 par. 3; 58; 79;
112-115)
Free, consent for
routing required (79)
Equal rights (87; 112-
115)
Mining No rights No rights Equal rights (141)
management by Sea-
Bed Authority (137)
Marine
Environment
Jurisdiction as
provided by
Convention (56;
Part XII)
Rights of coastal
states (192, 208)
with regard to sea-bed
activities
Equal responsibility
(192); activities in
Area (209; 215), flag
state (211; 217), port
state jurisdiction (218)

35. The High Seas
VII

36. THE HIGH SEAS
General Principles
1. Justice and equal rights for all (Preamble) to be exercised in good
faith and with no abuse of rights of others (300)
2. Freedom of all types of activities (87 par. 1) with due regard for the
interests of other states
3. Reserved for peaceful purposes (88)
4. State sovereignty over any part of the high seas is excluded (89)
VII

37. THE HIGH SEAS
Particular Freedoms
Freedoms (87) Regulations governing the high seas
Navigation Basics
1. Nationality of Vessels (91)
2. Vessels in service of international orgs. (93; Annex IX)
3. Warships, etc. (95-96)
Jurisdiction
1. Exclusive jurisdiction; flag stage (92)
2. Administrative, technical, social; flag state (94 par. 1-5)
3. Collisions. Inquiry (94 par. 7); cooperation with flag state; Penal
jurisdiction: disciplinary, arrest, detention; flag state (97)
4. Pollution; flag state (192; 194; 211; 217; 228)
5. Pollution, port state (218; 232)
6. International offenses; other states (99-110)
VII

38. Freedoms (87) Regulations governing the high seas
Navig. (cont.) Other items: Search and rescue service by coastal states (98);
Render assistance (98); Hot pursuit (111); Civil pollution claims (229)
Overflight Pollution; state of registry (212; 222)
Submarine
cables and
pipelines
1. Subject to Part VI (Continental Shelf) (87)
2. General right (112)
3. Liability for damage (113-114); Indemnity for loss incurred
avoiding damage (115)
Construction
of Artificial
Islands
1. In accordance with international law (87)
2. Subject to Part VI (Continental Shelf) (87)
3. Scientific research in general (258-262); In the Area (143; 256)
Fishing (116-120)
Scientific
research
1. Subject to Part VI (Continental Shelf) (87)
2. Subject to Part XIII (Marine Scientific Research) (87)
3. Scientific research in the Area (143)
4. Development and transfer of marine technology (Part XIV)
VII

39. VESSELS
Flag State Obligations – Merchant Vessels
Issue Flag State Obligations – Merchant Vessels
Jurisdiction General
Vessels are subject to exclusive jurisdiction of flag state on the
high seas (92); For pollution measures in general (194; 211; 217)
Particular
Flag state required to assume jurisdiction under its internal law with
respect to administrative, technical, and social matters
Collision incidents on the high seas (97)
• In respect to penal jurisdiction: arrest/detention flag state
• Penal and disciplinary matters exclusive jurisdiction of flag state
except: withdrawal of certificates issued by other states
• Inquiry (Administrative jurisdiction) (94 par. 7)
VII

40. Issue Flag State Obligations – Merchant Vessels
Administration Registration
• Fix conditions for grant of nationality (91)
• Maintain a register of ships (94 par. 2(a))
• Inspect before registration (94 par. 4(a))
• Issue flag documents (91 par. 2)
Other measures
• Require master to help persons in danger or distress (98) and
assist in collision cases
• Investigate allegations of improper control (94 par. 6)
Technical
matters
Required to ensure
• Construction, equipment, seaworthiness, manning, training, use
of signals, communication, collision prevention (94 par. 3)
• Inspection at intervals, charts, nautical publications,
navigational equipment on board (94 par. 4(a))
VII

41. Special Jurisdiction on the High Seas
Activity General “Right to Visit” (110)
Slave
Flag state shall take measures to
Trade (99)
prevent
• Warship has right to board
• Must be based on
reasonable grounds
• Ff. actions may be taken:
1. Verify right ship to fly flag
2. Document check
3. If suspicion remains,
inspection of ship
• Compensation for loss or
damage if unjustified
• Applicable for official
aircraft and vessels (110
par. 4-5)
Piracy
(100-107)
• Piracy: Illegal act of crew/passenger
or support of such for private ends
by/on commercial or official vessels
against another vessel (101-103)
• Seizure by official vessels (107)
• Retention or loss of nationality (104)
• Juris. of state seizing vessel (105)
• Liability for unjustified seizure (106)
• All states co-operate in repression of
piracy (100)
Vessel w/o Nationality (e.g. 92 par. 2)
VII

42. Activity General “Right to Visit” (110)
Unauthorized
• Arrest of person and vessel
broadcasting
and seizure of broadcasting
(109)
apparatus;
• Prosecution by state with
jurisdiction for boarding
Boarding only by state affected
by undertaking (109 par. 3)
Refusal to
show flag
(110)
Boarding only by warship which in
reality has same nationality as
boarded ship
Illicit traffic in
narcotic
drugs (108)
• All states must co-operate in
repression;
• Flag state may request co-operation
from other states in
suspicious cases
No boarding
VII

43. HOT PURSUIT
General Principles (111)
1. By vessels or aircraft in government service
2. Clear visual or auditory signal to stop must be given. (The ship giving
the order need not be in the same zone as the foreign ship)
3. Pursuit must not be interrupted
4. Right of hot pursuit ceases by reason of
• Interruption
• Vessel reaching territorial sea of flag state or other state
5. It must begin in zone where vessel violated applicable CS law
• Internal waters/Territorial sea – at the latest in the territorial sea
• Violation of customs, fiscal, immigration and sanitary law (33) applicable
for continuous zone – at the latest in contiguous zone (also for EEZ & CS)
VII

44. FISHERIES ON THE HIGH SEAS
Co-operation
Article 117
• As necessary for the
conservation of living resources
Article 118
• In conservation and mgmt.
• Negotiations between states
where nationals exploit
identical or diff. living resources
in the same area
• Establish sub-regional or
regional organizations
Article 119 par. 2
• Exchange data with states
concerned
Articles 120; 65
• States together with
international organizations
Article 64; Annex I
• Between flag state and coastal
state with respect to highly
migratory species
VII

45. FISHERIES ON THE HIGH SEAS
Conservation
Article 119 – In establishing con-servation
measures, states are to:
• Use the best scientific evidence
• Consider relevant factors in
maintaining and restoring
populations of stocks
• Take due regard for developing
countries
• Take into account int’l standard
• Avoid serious threat to species
• Exchange data and info
• Avoid discrimination of
fishermen
Articles 120; 65
• May restrict the exploitation of
marine mammals more strictly
than provided by Convention
Article 63 par. 2
• States concerned are to seek,
either directly or through orgs.,
to agree upon measures
necessary for conservation of
these stocks in the adjacent
area (here: high seas)
VII

46. Regime of Islands
VIII

47. REGIME OF ISLANDS
VIII
Description It may have a…
Island • Naturally formed area of land
• Surrounded by water
• Above high-tide mark
• Human habitation and economic
life is possible
• Territorial Sea (3)
• Contiguous Zone (33)
• EEZ (56; 57)
• Continental Shelf (76)
Rock • Naturally formed area of land
• Surrounded by water
• Above high-tide mark
• Cannot maintain human habitation
or economic life on its own
• Territorial Sea (3)
• Contiguous Zone (33)
Artificial island,
installations
and equipment
• Do not possess the status of islands
or rocks (11; 60 par. 8; 147 par. 2(e);
259)

48. Enclosed/Semi-Enc. Seas
IX

49. Enclosed or Semi-enclosed Seas
Definition (122)
A gulf, basin, or sea
• Surrounded by two or more
states
• Connected to another sea or
ocean by a narrow outlet
OR
• Consisting of zones of
jurisdiction of two or more
coastal states
Areas of Co-operation (123)
• Management, conservation,
exploration and exploitation of
the living resources (61 par. 2;
63-67)
• Protection and preservation of
the marine environment (193;
197-201; 204-206)
• Scientific research programs
and joint scientific research
(242-244; 246 par. 3)
IX

50. Freedom of Transit
X

51. Right of Access of Land-Locked States
X
1. Land-locked State: a State with no sea-coast (124(a))
2. Transit State: a State, with or without a sea-coast, situated between a
land-locked State and the sea, through whose territory traffic in
transit passes (124(b))
3. Traffic in transit: transit of persons, baggage, goods and means of
transport across the territory of one or more transit States, when the
passage across such territory, with or without trans-shipment,
warehousing, breaking bulk or change in the mode of transport, is
only a portion of a complete journey which begins or terminates
within the territory of the land-locked State (124(c))

52. FREEDOM OF TRANSIT
Right of Transit States
• The terms and modalities for exercising freedom of transit are to be
agreed between the states concerned through bilateral, subregional,
and regional agreements (125 par. 2)
• Further regulations (124; 126-132)
Right of Land-locked States
• Have the right of access to and
from the sea for the purpose of
exercising their rights under the
Convention (125 par. 1)
• Enjoy freedom of transit (supra)
X
• Can exercise full sovereignty
over their territory (125 par. 3)
• Rights of land-locked states are
not to infringe in any way on the
legitimate interests of the transit
states (supra)

53. The Area
XI

54. AREA
General Principles and Provisions
1. Area means the sea-bed and ocean floor and subsoil thereof, beyond
the limits of national jurisdiction (1)
2. It starts where the jurisdiction of CS over the continental shelf ends (76)
3. The Area and its resources are common heritage of mankind (136)
4. All rights to its resources are vested in mankind as a whole (137)
5. The Area is to be open exclusively for peaceful purposes (141)
6. Activities are to be carried out for the benefit of mankind (140)
7. Developing countries are to be supported (140; 143; 144; 148)
8. Due regard is to be given to coastal state rights (142)
9. Historical finds can be preserved for the benefit of mankind (149)
XI

55. AREA
Specific Provisions
Int’l Orgs and States Seabed Authority
The Authority is to
• act for mankind as a whole
• provide for an equitable sharing
of financial and other benefits
• require transfer of technology
and knowledge to developing
states and assist them
• implement regulations for
installations, protection of human
life and of marine environment
• carry out marine scientific
research
XI
• No state is to claim sovereignty
over Area and its resources (137)
• States are to use the Area
exclusively for peaceful purposes
(141; 143; 147)
• Conduct of states is to be in
accordance with Convention
and UN Charter principles (138)
• States are to ensure compliance
with Convention (139)

56. RESOURCES
Activity policy (150-151) Production policy (151)
• Principles of policy
• Growth, efficiency, stability of
mineral market
• Prices remunerative for producer
• Prices fair for consumer
• External policy of authority
• Act through fora which include
producers and consumers
• Participate in commodity
conferences
XI
• In General:
• Healthy dev’t of world economy
• Balances growth of int’l trade
• International co-operation
• In Particular:
• Dev’t of resources and orderly,
safe and rational management
• Participation of all states in all
opportunities
• Support of developing countries
• Dev’t of common heritage

57. RESOURCES
Exploration/Exploitation (153) Periodic Review (154-155)
• Periodic review every five years
by Assembly to improve the
manner of practice of the regime
of the Area
• Review Conference fifteen years
after beginning of commercial
production. The Conference is to
develop the system and adopt
amendments by means of
consensus (314)
XI
• The Authority is to:
• organize, carry out, and control
activities
• issue rules, regulations, and
procedures to this effect (Art. 17,
Annex III)
• Activities are to be carried out in
accordance with a formal written
plan of work approved by the
Council (162 par. 2(j)) and a
production authorization (151
par. 2; 165 par. 2(n)) by the
Enterprise (170; Annexes III & IV)

58. INTERNATIONAL SEABED AUTHORITY
• SEAT: Jamaica (156 par. 4)
• OTHER LOCATIONS: Yes, for regional centers and offices (156 par. 5)
• MEMBERS: All States Parties and those bodies which are entitled to
ratify or accede to the Convention (305-307)
• FUNDAMENTAL PRINCIPLES (157)
• The Authority is the organ through which states parties administer the
resources of the Area
• It has powers and functions expressed in the Convention and any
incidental powers consistent with the Convention necessary for conduct
of activities in the Area
• It is based on the sovereign equality of all members
• All members are to act in good faith
XI

59. INTERNATIONAL SEABED AUTHORITY
Status, Privileges, Immunities Financial Arrangement
• Funds of the Authority (171)
• contributions of members funds
received from activities in Area
• funds transferred for the
enterprise
• borrowed funds
• voluntary contributions
• payment to a compensation
fund for specific developing
countries
• Annual Budget (172); Expenses
(173); Borrowing power (174);
Annual Audit (175)
XI
• The Authority has international
legal personality (176)
• Privileges and Immunity (177-182)
• for the Authority
• for certain persons connected
with the Authority;
Representatives of States, the
Secretary-General, and the staff
of the Authority
• Exemption from taxes and
customs duties (183)

60. SEABED DISPUTES CHAMBER
Obligatory Jurisdiction
Non-Contractual Matters
• Disputes between States Parties
concerning Part XI, including
Annexes, 187(a), which can be
submitted instead to:
• Special chamber of the Tribunal
(188 par. 1(a)); or
• Ad hoc chamber (188 par 1(b))
• Disputes between a State Party
and Authority (187(b)) concerning
alleged violation by State Party or
Authority. Limit: No jurisdiction with
regard to Authority's discretionary
power (189)
Contractual Matters
• Disputes between States Parties,
the Authority or the Enterprise, state
enterprise, and natural and judicial
persons in cases of omission,
refusal, or liability affecting
contractual relations (187(c)(ii), (d),
(e)) but not in disputes related to:
• Interpretation or application of the
contract or plan of work
• Financial terms of contracts
• Transfer of technology
Such disputes shall be referred to
binding commercial arbitration.
XI

61. SEABED DISPUTES CHAMBER
Other tasks
• On submission of a commercial arbitral tribunal, decide any question of
interpretation of Part XI and Annexes (188 par. 2(b))
• Advisory opinions at the request of the Assembly on conformity of
proposals before the Assembly with the Convention (159 par. 10)
• Decisions on suspension of membership (185)
• Advisory opinions at the request of the Assembly and Council on legal
questions (191)
XI

62. Marine Environment
XI

63. MARINE ENVIRONMENT
General obligation
• States have the obligation to
protect and preserve the
marine environment (192) and
must incorporate international
law to various degrees. (See
Legislation column in next slide)
Particular obligations
• States are responsible and liable
with regard to their international
obligations (235)
• States are to cooperate on global
and regional basis (197-201)
• States are to monitor and report
(204-206)
• States must not transfer hazard
(195-196)
• States must render assistance to
developing states (202)
XII

64. MARINE ENVIRONMENT
Framework for pollution prevention
XII
Source Legislation Enforcement Responsibility/liability
Land-based States (207) CS (213)
States (235)
Seabed
activities
CS (208(1));
States (208(2-3))
CS (214)
Area Authority (209(1));
States (209(2))
Authority (215)
Dumping States (210) CS (216(a));
FS (216(b));
Any state for loading
of wastes or other
matters occurring in
territory (216(c))

65. XII
Source Legislation Enforcement Responsibility/liability
Vessel States (194(3));
FS (211(2)) (at least
to the same
effect);
CS (211(4-6))
For details, including
safeguards, see next
slides.
Warship immunity
(236)
(232; 235-236)
Atmosphere States (212) States (222) (235)
Ice-covered
area
CS (234) (non-discriminatory)
Authority (215) (235-236)

66. VESSEL JURISDICTION
Coastal State
• is sovereign in the territorial sea
(2)
• has jurisdiction in marine
environment matters (56 par.
1(b)(iii); 192)
• deals with emergencies and
safety of operation of vessels
(194 par. 3(b)), but not for
construction, etc. (21 par. 2)
Flag State
• in general, has jurisdiction and
control in administrative,
technical, and social matters
(94 par. 1)
• takes pollution measures for
emergencies, design, etc. (194
par. 3(b))
• must adopt pollution regulations
which have at least the same
effect as that of international
rules (211 par. 2)
XII

67. VESSEL JURISDICTION
XII
Coastal State Flag State
High Seas Port State Enforcement (218) Exclusive Jurisdiction (92(1))
EEZ • May adopt laws, giving effect to
generally accepted international rules
and standards (211(5))
• May adopt mandatory measures for
clearly defined areas (211(6); 234)
Exclusive jurisdiction (58; 87-
94) if compatible with
other provisions of the
Convention (228)
Territorial
sea
• May in the exercise of its sovereignty
adopt laws which do not hamper
innocent passage (211(4); 21(1)(f))
• Not with respect to design,
construction, etc. (21(2))
Can physically enforce
its general jurisdiction
through CS only (with
respect to Innocent
passage (27 par. 1(c))

68. XII
Coastal State Flag State
Archipel.
waters
• Sea lane passage (53-54; 42(1)(b))
Can physically enforce
its general jurisdiction
through CS only (with
respect to Innocent
passage (27 par. 1(c))
Straits • are to give effect to international
pollution regulations regarding
discharge (42 par. 1(b))
• further pollution regulations by special
agreements (43 par. (b)) as Art. 207-
232 not applicable (233)
Archipel.
Sea Lanes
• are to give effect to international
pollution regulations regarding
discharge (42 par. 1(b); 54)
Inland
waters,
ports
These waters are not subject to the
Convention

69. ENFORCEMENT
General Concept
XII
Coastal State Flag State
General • Promptly notify flag state of any
measures taken and submit reports (231)
• Minimum standards of proceedings (223)
• Enforcement by officials only (224)
• Safety of navigation must not be
endangered (225)
• May not discriminate foreign vessel (227)
• Liability for unlawful measures (232; 304)
• Release of detained vessels on
appropriate security (220(7), 226(l)(b))
• Ensure compliance of
vessels with intl law (217)
• Must be informed (in
cases of proceedings
from matters in territorial
sea) and given official
reports (218-220; 231)
• Must exercise penal
jurisdiction and institute
investigations (217(4-8))
Info Vessels navigating in TS or EEZ which have
possibly committed violation in EEZ must
provide information (220(3))
Must ensure that vessels
give required information
(220(4))

70. XII
Coastal State Flag State
Physical
inspection
(Examination of certificates only. For
more extensive inspection, see 226(l)(a))
• Vessels navigating in TS (220(2))
• Vessels navigating in TS or EEZ and
substantial discharge in EEZ and refusal
to give information or case justifies
inspection (220(5))
Investig.
by “port
state”
Vessel voluntarily in port and discharge
on high seas (elsewhere, on request)
(218(3))
Records on request
(218(4))
Proceed-ings
• For possible violation by vessels
voluntarily in port
• violation in TS and EEZ of law in
accordance with Conv. (220(1))
• discharge on high seas and
evidence to warrant proceedings
(218(1)) or on request (218(2))
• Suspension (228)
• If violation beyond TS,
proceedings to be
suspended if FS institutes
proceedings unless e.g.
major damage in EEZ
(continued on next slide)

71. XII
Coastal State Flag State
Proceed-ings
(cont.)
• Vessel navigating in TS and evidence
to warrant proceedings (220(2))
• Vessel navigating in TS/EEZ and major
damage/threat of such in EEZ (220(6))
• Port state proceedings
(218) to be suspended on
request of affected CS
(218(4); subj. to 228)
• Right of attendance (223)
Detention • Vessel navigating in TS and evidence
so warrants
• Navigating in TS or EEZ and major
damage/threat of such in EEZ (220(6))
• Violation affecting the seaworthiness
of vessel (219; 226(1)(c))
• Release of its vessels subj.
to bonding/other security
(226(1)(b-c); 220(7); 292)
• Be promptly notified upon
conditional or refusal
(226(1)(c); 231)
Penalties Only monetary penalties can be
imposed (230) except in cases of wilful
and serious act of pollution in TS (230(2))
Suspension in case of
violation beyond TS (see:
Proceedings) (228)
Maritime
casualties
Take measures (221)

72. PORT STATE ENFORCEMENT
XII
1st Condition: Vessel must be voluntarily in port
2nd Condition: There must be a violation of applicable int’l rules and standards
established through the competent int’l org. or diplomatic conference
Location of
Violation
Location of Damage
or Threat of the Same
Basis for Institution of
Action
Suspension
Any place Any place Request of flag state
(228)
High Seas – Rights of port state
Internal waters, TS or
Affecting the internal
Rights of port state
EEZ of foreign state
waters, TS or EEZ of PS
Internal waters, TS,
or EEZ of any state
In internal waters, TS,
or EEZ of another state
Request of affected
or threatened state (218(4);
Internal waters, TS, Request of state where
228)
–
or EEZ of a state
violation occurred

73. COASTAL STATE ENFORCEMENT
XII
Location of
Vessel
Violated
in
Applicable Law Type of charge
or facts
Measures
Voluntarily in
port (220(1))
TS/EEZ
CS laws and
regulations in
accordance with
the Convention
(21(2)(f); 211(4-7);
234) or applicable
international
rules/standards
Any violation Proceedings
TS (220(2)) TS Clear grounds for
belief, but w/o
prejudice to right
of innocent
passage AND
where evidence so
warrants
• Physical
inspection
(226(l)(a))
• Proceeding
• Detention
TS/EEZ
(220(3))
EEZ Int’l rules/standards
(or national law
conforming with or
giving effect to)
Clear grounds for
belief
Give info as
listed in 220(3)

74. XII
Location
of Vessel
Violated
in
Applicable
Law
Type of charge or facts Measures
TS/EEZ
(220(5))
EEZ
Int’l rules and
standards
(As above)
Clear grounds for belief and
substantial discharge causing
or threatening significant
pollution and vessel has refused
to give info or supplied
obviously incorrect info
Physical
inspection
(Further
physical
inspection
(226(l)(a))
TS/EEZ
(220(6))
EEZ Clear objective evidence and
discharge is causing or
threatening major damage to
coastline or resources of TS/EEZ
AND evidence so warrants
Proceedings
Detention
(Release:
220(7))
TS/EEZ
(220(8))
EEZ
(clearly
defined
area)
National law
giving effect
to generally
accepted
rules (211(5))
Applicable in cases of 220(3-6)
accordingly
Measures
accordingly
(220(3-6))

75. Marine Scientific Research
XIII

76. MARINE SCIENTIFIC RESEARCH
General Provisions
• All states and competent int’l
orgs may conduct research (238)
• Research may be conducted for
peaceful purposes only (240(a))
• Flow of knowledge must be
promoted (244(2))
• Installations or equipment in the
marine environment (258-262)
• Responsibility, liability (263; 304)
Specific Provisions
• High Seas – open to all (238; 87)
• Area and water column beyond
EEZ – open to all (256; 143; 87)
• EEZ and continental shelf (246-
255) – CS has right to regulate,
authorize and conduct research,
limited by 246(6-7) and 257
• Territorial sea: CS has exclusive
right to regulate, authorize and
conduct research (245)
XIII

77. MARINE SCIENTIFIC RESEARCH
• Right to regulate, authorize, and
conduct research (246(1))
• Obligated to adopt reasonable
rules to facilitate research (255)
• Do not have to accept compulsory
dispute settlement in matters of Art.
246 and 253 (297 par. 2)
• Suspension of specific project
conciliation (297 par. 2(b); 265)
• Resp. for installation (60; 80; 258-262)
• Provide information (248)
• Comply with conditions (249)
• Implied consent of CS if no
objections within 4 months (252)
• Suspension (253)
• CS is to make arrangement for
participation by neighboring land-locked
or geographically
disadvantaged state upon
request (254 par. 3)
XIII
Rights/Duties of CS Application and Conditions

78. TECHNOLOGY TRANSFER
Development of
•Acquisition &
dissemination
of info & data
•Appropriate
technology
• Infrastructure
to facilitate
tech. transfer
•Human
resources
• International
cooperation
Measures (269)
• Programs
•Agreements
•Conferences
and Seminars
• Exchange of
Experts
• Joint
Ventures
Promoted by
•National (275)
and Regional
(268-269; 277)
Centers
• International
cooperation
(270-273) and
Seabed Auth.
(274)
XIV

79. DISPUTE SETTLEMENT
Fora for Disputes not related to judgments involving
interpretation of the Convention
1. Special Arbitration, Annex VIII, Art. 5, Fact-Finding
2. Conciliation Procedure, Annex V, Sec. 1 pursuant to Part XI, Sec. 1,
Settlement of Disputes (General Provisions)
3. Binding Commercial Arbitration
• Interpretation of contracts and plan of work. Art. 188 par. 2(a)
• Financial terms. Annex III, Art. 13, Para. 15
• Financial terms of technology transfer. Annex III Art. 5, Para. 4
XV

80. DISPUTE SETTLEMENT
Choice between one or more fora in cases of Compulsory
Proceedings
States Parties are free to choose among the fora for the settlement of
disputes concerning the interpretation or applicability of the Convention
(for limited tribunal jurisdiction on matters (a) sovereign rights of coastal
states; (b) military; (c) boundaries; (d) Security Council, see 297-298)
1. International Court of Justice
2. Arbitration (Annex VII)
3. International Tribunal for the Law of the Sea (Annex VI)
4. Special Arbitration (Annex VII) regarding Fisheries, Environment,
Scientific Research, Navigation
XV

81. DISPUTE SETTLEMENT
Compulsory Fora
• Sea-Bed Disputes Chamber (Annex VI, Art. 3)
• Compulsory (287 par. 2); Jurisdiction (288 par. 3); Activities in the Area (187)
• Ad Hoc Chamber of the Sea-Bed Disputes Chamber (Annex VI, Art. 36)
• May be formed at the request of States Parties (188) with respect to seabed
activities (187)
• Conciliation Procedures (Annex V, Sec. 2, Art. 11-14)
• Compulsory (Annex V, Section 2); On matters stated in Part XV, Sec. 3
• 297 par. 2 (Certain matters of marine scientific research)
• 297 par. 3 (Certain matters of fisheries)
XV

82. GENERAL PROVISIONS
XVI
1. Good faith and abuse of rights (300) – Every party to an agreement has
to recognize and to fulfil the obligations of the contract in good faith.
2. Peaceful uses of the sea (301) – It is the obligation of the states parties to
refrain from any threat or use of force against the territorial integrity or
potential independence of any state
3. Disclosure of information (302) – No state party may be obliged, in the
fulfillment of its obligations under the Convention, to disclose any
information which is contrary to the essential interests of the state party.
4. Archeological and historical objects found at sea (303) – It is the duty of
all states to protect such objects and to co-operate for this purpose.
5. Responsibility and liability for damage at sea (304) – The provisions of the
Convention concerning responsibility and liability cannot be used to
subvert or hinder the application of existing rules or development of
further rules regarding responsibility and liability under international law.

83. FINAL PROVISIONS
XVII
Applicability of Convention Effect on States
Signature (305)
• Open until
12/9/1984
In principle NONE but the high
number of signatures (159) has
a significant effect on
customary law
A state which has signed
must refrain from acts which
are contrary to the
Convention (VCLT, Art. 8)
Ratification (306)
Accession (307)
• The UN Sec.-
Gen. is the
Depository
Until deposit of the 60th
instrument, same as above
Ratification can have an
immediate effect on nat’l law
Convention enters into force 12
months after deposit of the 60th
instrument (308) The Convention
becomes international
law and is applicable law
among all states parties
Reservations
(309)
Possible only when expressly
permitted by other articles of
the Convention
Declarations
(310)
Permitted as long as applica-bility
of Conv. is not affected

84. XVII
Applicability of Convention Effect on States
Other
Conventions
(311)
Principles of Convention, including
“common heritage of mankind”,
may not be suspended
Prevails over 1958
Conventions on Law of
the Sea
Denunciation
(317)
Possible at any time, goes into
effect at earliest 1 year after date
of notification
State must fulfil obligations
of the Conv. to which it
would be subject under
int’l law (317)
Amendments
(312-316)
• Upon request
of a State Party
• Entry into force 30 days after
ratif. by 2/3 of States Parties or
60, whichever is greater (non-
Area-related: 316 par. 1)
• Entry into force 1 year after ratif.
by 3/4 of States Parties (Area-related:
316 par. 5)
Amendments adopted
open for signature for 12
months (315)
Effect, see above
Authentic texts
(320)
The Arabic, Chinese, English, French, Russian, and Spanish texts
are equally authentic

85. • United Nations Convention on the Law of the Sea, Dec. 10, 1982, 1833
U.N.T.S. 397
• Bernaerts, Arnd. Bernaerts’ Guide to the 1982 United Nations
Convention on the Law of the Sea (1988)
Bibliography
Bibliography