United Nations Convention on the Law of the Sea (UNCLOS)

Introduction

The United Nations Convention on the Law of the Sea (UNCLOS) is the principal international treaty governing the use of the world’s oceans and seas.

It establishes a comprehensive legal framework covering:

• maritime zones;
• coastal-State sovereignty;
• navigation;
• passage of ships;
• exclusive economic zones;
• continental shelves;
• fisheries;
• marine scientific research;
• protection of the marine environment;
• piracy;
• deep seabed resources;
• maritime delimitation;
• dispute settlement.

UNCLOS is frequently described as the “constitution for the oceans” because it provides an integrated legal framework for almost all major uses of the seas.

Historical Background

Before UNCLOS, the law of the sea developed through:

• customary international law;
• State practice;
• bilateral agreements;
• judicial decisions;
• earlier multilateral conventions.

A major historical issue was the extent to which coastal States could exercise sovereignty over waters adjacent to their coast.

Freedom of the Seas

The traditional principle of freedom of the seas held that the oceans beyond areas subject to coastal-State sovereignty were generally open to all States.

Expansion of Coastal Claims

During the twentieth century, States increasingly asserted rights over:

• territorial waters;
• fisheries;
• continental shelves;
• offshore resources.

These developments created a need for comprehensive international regulation.

1958 Geneva Conventions

The first major modern codification took place through four Geneva Conventions of 1958:

• 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.

However, important issues remained unresolved, particularly concerning:

• breadth of the territorial sea;
• seabed resources;
• fisheries;
• maritime delimitation;
• deep seabed resources.

This contributed to the movement towards a comprehensive law-of-the-sea convention.

Third United Nations Conference on the Law of the Sea

The Third United Nations Conference on the Law of the Sea (UNCLOS III) began in 1973.

It attempted to create a comprehensive and widely acceptable legal regime for the oceans.

After extensive negotiations, the Convention was adopted at Montego Bay, Jamaica, on 10 December 1982.

Adoption and Entry into Force

UNCLOS adopted: 10 December 1982

Place: Montego Bay, Jamaica

Entered into force: 16 November 1994

UNCLOS contains:

320 Articles + 9 Annexes

It is one of the most comprehensive treaties in international law.

Structure of UNCLOS

UNCLOS is divided into 17 Parts.

The major Parts include:

Part	Subject
Part I	Introduction
Part II	Territorial Sea and Contiguous Zone
Part III	Straits Used for International Navigation
Part IV	Archipelagic States
Part V	Exclusive Economic Zone
Part VI	Continental Shelf
Part VII	High Seas
Part VIII	Regime of Islands
Part IX	Enclosed or Semi-Enclosed Seas
Part X	Right of Access of Land-Locked States
Part XI	The Area
Part XII	Protection and Preservation of the Marine Environment
Part XIII	Marine Scientific Research
Part XIV	Development and Transfer of Marine Technology
Part XV	Settlement of Disputes
Part XVI	General Provisions
Part XVII	Final Provisions

Basic Maritime-Zone System

The UNCLOS framework can be remembered as:

Baseline

↓

Internal Waters

↓

Territorial Sea – 12 nm

↓

Contiguous Zone – 24 nm

↓

EEZ – 200 nm

↓

Continental Shelf – 200 nm or beyond where permitted

↓

High Seas

↓

The Area – seabed beyond national jurisdiction

Baselines

The baseline is the starting point from which the breadth of most maritime zones is measured.

Normal Baseline

Under Article 5, the normal baseline is the low-water line along the coast as marked on officially recognised large-scale charts.

Straight Baselines

Under Article 7, straight baselines may be used in appropriate geographical circumstances, including where:

• the coastline is deeply indented;
• there is a fringe of islands along the coast in its immediate vicinity.

The straight-baseline system is subject to conditions contained in UNCLOS.

Internal Waters

Under Article 8, waters on the landward side of the baseline constitute internal waters, subject to specific UNCLOS rules.

The coastal State generally exercises sovereignty over internal waters.

Examples may include:

• ports;
• certain bays;
• waters enclosed by valid straight baselines.

Territorial Sea

Under Article 3, every State has the right to establish the breadth of its territorial sea up to a limit not exceeding:

12 nautical miles

measured from the baselines.

The coastal State exercises sovereignty over:

• the territorial sea;
• the airspace above it;
• the seabed;
• the subsoil.

However, this sovereignty is subject to UNCLOS and, particularly, the right of innocent passage.

Innocent Passage

Under Article 17, ships of all States enjoy the right of innocent passage through the territorial sea.

Passage

Article 18 defines passage as navigation through the territorial sea for the purpose of:

• traversing the sea without entering internal waters; or
• proceeding to or from internal waters or a port facility.

Passage must be:

• continuous;
• expeditious.

When Passage Is Not Innocent

Under Article 19, passage is not innocent when it is prejudicial to the peace, good order or security of the coastal State.

Examples include:

• threat or use of force;
• weapons exercises;
• intelligence collection prejudicial to security;
• propaganda;
• launching or taking on board aircraft;
• loading or unloading contrary to applicable laws;
• wilful pollution;
• fishing;
• research or survey activities.

Submarines

Under Article 20, submarines and other underwater vehicles must navigate on the surface and show their flag while exercising innocent passage through the territorial sea.

Contiguous Zone

Under Article 33, a coastal State may establish a contiguous zone extending up to:

24 nautical miles from the baseline

The coastal State does not possess full sovereignty over the contiguous zone.

Instead, it may exercise necessary control to:

• prevent infringement of customs, fiscal, immigration or sanitary laws within its territory or territorial sea;
• punish infringement of those laws committed within its territory or territorial sea.

Exclusive Economic Zone

The Exclusive Economic Zone (EEZ) is one of UNCLOS’s most significant developments.

Under Article 57, the EEZ may extend up to:

200 nautical miles from the baselines.

The EEZ is not territorial sea.

The coastal State possesses sovereign rights and specified jurisdiction rather than complete territorial sovereignty.

Article 56 – Coastal-State Rights in EEZ

Under Article 56, the coastal State has sovereign rights for:

• exploring;
• exploiting;
• conserving;
• managing natural resources.

These include:

Living Resources

• fish;
• other marine organisms.

Non-Living Resources

• oil;
• gas;
• minerals.

The coastal State also has jurisdiction concerning:

• artificial islands;
• installations and structures;
• marine scientific research;
• protection and preservation of the marine environment.

Rights of Other States in the EEZ

Other States retain important freedoms in the EEZ, including:

• navigation;
• overflight;
• laying submarine cables and pipelines.

Therefore:

EEZ ≠ Territorial Sea

The EEZ creates a special functional economic regime rather than extending coastal-State territorial sovereignty to 200 nautical miles.

Continental Shelf

The continental shelf is governed primarily by Part VI and Article 76.

It concerns the:

• seabed;
• subsoil;

of submarine areas extending beyond the territorial sea.

The continental shelf extends:

• to the outer edge of the continental margin where applicable; or
• to 200 nautical miles where the continental margin does not extend that far.

Rights Over Continental Shelf

Under Article 77, the coastal State exercises sovereign rights over the continental shelf for the purpose of:

• exploring;
• exploiting its natural resources.

These rights are exclusive.

The rights exist ipso facto and ab initio and do not depend upon occupation or express proclamation.

Continental Shelf Resources

Resources include:

• mineral resources;
• other non-living resources;
• sedentary living organisms.

Extended Continental Shelf

A State may have a continental shelf extending beyond 200 nautical miles where the conditions of Article 76 are satisfied.

UNCLOS establishes complex technical rules for determining the outer limit.

Commission on the Limits of the Continental Shelf

The Commission on the Limits of the Continental Shelf (CLCS) is established under Annex II.

Its principal function is to make recommendations concerning submissions by coastal States regarding the outer limits of their continental shelves beyond 200 nautical miles.

The CLCS does not itself delimit maritime boundaries between States.

Continental Shelf vs EEZ

Continental Shelf	EEZ
Seabed and subsoil	Includes economic rights relating to water column and seabed
Article 76	Article 57
Resource rights over seabed/subsoil	Broader economic rights and jurisdiction
Can extend beyond 200 nm	Maximum 200 nm
Exists automatically as a matter of legal entitlement	Established under the UNCLOS EEZ regime

High Seas

The high seas are governed by Part VII.

They include all parts of the sea that are not included in:

• EEZ;
• territorial sea;
• internal waters;
• archipelagic waters.

Freedom of the High Seas

Under Article 87, the high seas are open to all States.

Freedom of the high seas includes:

• freedom of navigation;
• freedom of overflight;
• freedom to lay submarine cables and pipelines;
• freedom to construct permitted artificial islands and installations;
• freedom of fishing;
• freedom of scientific research.

These freedoms must be exercised with due regard for the interests of other States.

No Sovereignty Over High Seas

Under Article 89, no State may validly subject any part of the high seas to its sovereignty.

Therefore:

High Seas → Freedom

No Territorial Sovereignty

Flag-State Jurisdiction

Under Article 92, ships generally sail under the flag of one State and, subject to relevant exceptions, are subject to its exclusive jurisdiction on the high seas.

This is known as the principle of flag-State jurisdiction.

Warship Immunity

Under Article 95, warships on the high seas enjoy complete immunity from the jurisdiction of any State other than the flag State.

Right of Visit

Under Article 110, a warship may exercise a right of visit in specified circumstances.

These include reasonable grounds for suspecting that the foreign ship is engaged in:

• piracy;
• slave trade;
• unauthorised broadcasting;
• absence of nationality;
• certain situations involving ships of the same nationality.

Piracy

UNCLOS establishes a detailed legal regime concerning piracy.

Article 100

States have a duty to cooperate to the fullest possible extent in the repression of piracy.

Article 101

Article 101 defines piracy for purposes of UNCLOS.

It generally involves illegal acts of:

• violence;
• detention;
• depredation;

committed for private ends by the crew or passengers of a private ship or aircraft against another ship or aircraft on the high seas or in a place outside the jurisdiction of any State.

Universal Jurisdiction Over Piracy

Piracy is a traditional basis for universal jurisdiction.

This allows States, subject to the applicable international-law framework, to take action against pirates without relying upon an ordinary territorial or nationality connection.

Hot Pursuit

Article 111 recognises the right of hot pursuit.

A coastal State may pursue a foreign ship beyond its territorial sea when the necessary conditions are satisfied.

The pursuit must:

• begin while the foreign ship or one of its boats is within relevant waters;
• be based on reasonable grounds for believing that a violation has occurred;
• be continuous.

Hot pursuit ends when the pursued ship enters the territorial sea of:

• its own State; or
• a third State.

Straits Used for International Navigation

Part III establishes a special regime for international straits.

Transit Passage

Under Articles 37–44, ships and aircraft enjoy the right of transit passage through certain straits used for international navigation.

Transit passage applies to:

• ships;
• aircraft.

This distinguishes it from ordinary innocent passage.

Innocent Passage vs Transit Passage

Innocent Passage	Transit Passage
Territorial sea	Certain international straits
Ships	Ships + aircraft
Must be innocent	Continuous and expeditious
Articles 17–19	Articles 37–44
No general right of overflight	Aircraft enjoy transit passage

Archipelagic States

Part IV recognises a special legal regime for archipelagic States.

An archipelagic State may draw archipelagic baselines joining appropriate points of the outermost islands, subject to UNCLOS conditions.

Archipelagic Waters

Waters enclosed by valid archipelagic baselines are archipelagic waters.

The archipelagic State exercises sovereignty over them, subject to UNCLOS.

Ships enjoy:

• innocent passage;
• archipelagic sea lanes passage where applicable.

Islands

Article 121 provides the principal legal regime concerning islands.

An island must be:

• naturally formed;
• surrounded by water;
• above water at high tide.

An island generally generates:

• territorial sea;
• contiguous zone;
• EEZ;
• continental shelf.

Rocks

Under Article 121(3):

Rocks which cannot sustain human habitation or economic life of their own have:

No EEZ

and

No Continental Shelf

They may nevertheless generate a territorial sea and contiguous zone where applicable.

Artificial Islands

Artificial islands do not possess the same legal status as natural islands.

They do not generate:

• their own territorial sea;
• EEZ;
• continental shelf.

The Area

The Area is defined in Article 1 as the seabed and ocean floor and subsoil thereof beyond the limits of national jurisdiction.

Part XI establishes its legal regime.

Common Heritage of Mankind

Under Article 136:

The Area and its resources are the common heritage of mankind.

No State may claim sovereignty or sovereign rights over the Area or its resources.

International Seabed Authority

The International Seabed Authority (ISA) was established under UNCLOS to organise and control activities in the Area.

Its functions include:

• regulating activities in the Area;
• administering mineral resources;
• promoting orderly development;
• protecting the marine environment;
• implementing the common-heritage regime.

High Seas vs The Area

This distinction is frequently tested.

High Seas

Water column

→ Beyond national maritime zones

→ Freedom of the high seas

The Area

Seabed + ocean floor + subsoil

→ Beyond national jurisdiction

→ Common heritage of mankind

Marine Scientific Research

Part XIII regulates marine scientific research.

States and international organisations have rights to conduct marine scientific research subject to UNCLOS.

However, coastal-State consent is particularly important for research in:

• territorial sea;
• EEZ;
• continental shelf.

Marine Scientific Research in EEZ

Under the UNCLOS framework, coastal States have jurisdiction over marine scientific research in their EEZ and on their continental shelf.

Foreign research generally requires the coastal State’s consent.

Marine Environmental Protection

Part XII is dedicated to the:

Protection and Preservation of the Marine Environment.

This is one of the most important modern aspects of UNCLOS.

Article 192

Article 192 provides:

States have the obligation to protect and preserve the marine environment.

Article 194

States must take measures consistent with UNCLOS necessary to:

• prevent;
• reduce;
• control

pollution of the marine environment.

Pollution sources include:

• land-based sources;
• seabed activities;
• dumping;
• vessels;
• atmospheric sources.

Fisheries

UNCLOS establishes rules concerning marine living resources.

Within the EEZ, the coastal State has sovereign rights over living resources.

However, it must also:

• conserve resources;
• prevent over-exploitation;
• consider scientific evidence;
• cooperate concerning shared stocks.

Article 61

Article 61 concerns the conservation of living resources in the EEZ.

The coastal State must ensure that living resources are not endangered by over-exploitation.

Article 62

Article 62 concerns the utilisation of living resources.

The coastal State is required to promote optimum utilisation, subject to the conditions of the Convention.

Straddling and Highly Migratory Fish Stocks

UNCLOS provides the general framework for cooperation concerning fish stocks occurring across maritime boundaries.

The 1995 UN Fish Stocks Agreement develops these rules further.

It addresses:

• straddling fish stocks;
• highly migratory fish stocks;
• precautionary approaches;
• regional fisheries organisations.

Landlocked States

Part X recognises certain rights of landlocked States.

These include rights concerning:

• access to and from the sea;
• freedom of transit through transit States.

The exercise of these rights is subject to agreements and applicable UNCLOS provisions.

Maritime Delimitation

Where maritime zones of neighbouring States overlap, boundaries may have to be established.

UNCLOS contains different rules for different maritime zones.

Territorial Sea Delimitation

Under Article 15, where States have opposite or adjacent coasts, the territorial sea boundary is generally based on the median line unless:

• otherwise agreed;
• historic title exists;
• special circumstances justify a different boundary.

EEZ Delimitation

Under Article 74, delimitation of the EEZ between States with opposite or adjacent coasts must be effected by agreement on the basis of international law in order to achieve an:

Equitable Solution

Continental Shelf Delimitation

Article 83 applies a similar equitable-solution approach to continental shelf delimitation.

Maritime Delimitation Methodology

Modern international jurisprudence has frequently used an approach involving:

Provisional Equidistance Line

↓

Relevant Circumstances

↓

Adjustment if Necessary

↓

Disproportionality Check

The exact methodology depends upon the circumstances of the case.

Important Maritime Cases

North Sea Continental Shelf Cases

The ICJ examined continental shelf delimitation and the relationship between treaty rules and customary international law.

The case is important for:

• equitable principles;
• maritime delimitation;
• customary international law.

Libya/Malta

Important for continental shelf delimitation and equitable results.

Qatar v Bahrain

Important for:

• maritime delimitation;
• islands;
• territorial sovereignty.

Romania v Ukraine

The ICJ applied a structured methodology to maritime delimitation in the Black Sea.

Bangladesh/Myanmar

ITLOS addressed maritime boundary delimitation in the Bay of Bengal.

Philippines v China

The South China Sea Arbitration addressed important questions concerning:

• maritime entitlements;
• historic rights;
• status of maritime features;
• environmental obligations.

Dispute Settlement Under UNCLOS

One of the major features of UNCLOS is its detailed dispute-settlement regime.

Part XV establishes procedures for disputes concerning the interpretation or application of the Convention.

Article 279

States Parties must settle disputes concerning UNCLOS through peaceful means consistent with the UN Charter.

Article 286

Where no settlement has been reached through applicable peaceful means, disputes concerning interpretation or application may, subject to the relevant provisions and limitations, be submitted to compulsory procedures entailing binding decisions.

Article 287

States may choose among specified dispute-settlement procedures:

• International Tribunal for the Law of the Sea (ITLOS);
• International Court of Justice (ICJ);
• Annex VII arbitration;
• Annex VIII special arbitration.

International Tribunal for the Law of the Sea

ITLOS is a specialised international tribunal established by UNCLOS.

Its seat is in:

Hamburg, Germany.

It deals with disputes concerning the interpretation and application of UNCLOS in accordance with its jurisdiction.

Annex VII Arbitration

Annex VII provides for arbitration by an arbitral tribunal.

It is an especially important mechanism in UNCLOS dispute settlement.

The South China Sea Arbitration was conducted under Annex VII.

Annex VIII Special Arbitration

Annex VIII provides specialised arbitration concerning:

• fisheries;
• protection and preservation of the marine environment;
• marine scientific research;
• navigation.

Seabed Disputes Chamber

The Seabed Disputes Chamber of ITLOS has specialised jurisdiction concerning disputes relating to activities in the Area.

This is particularly important for the common-heritage regime.

Provisional Measures

UNCLOS provides mechanisms for urgent provisional measures.

ITLOS may prescribe provisional measures in appropriate circumstances to:

• preserve rights;
• prevent serious harm;
• protect the marine environment.

Environmental Jurisdiction

UNCLOS dispute settlement can also involve environmental issues.

This has become increasingly important because disputes concerning the sea often involve:

• pollution;
• fisheries;
• biodiversity;
• offshore activities;
• climate-related impacts.

Exceptions and Limitations

UNCLOS does not make every maritime dispute automatically subject to unlimited compulsory jurisdiction.

States may make:

• declarations;
• reservations where permitted;
• exceptions under the Convention.

Certain categories of disputes are subject to special limitations.

Therefore:

UNCLOS Dispute Settlement

≠

Unlimited Jurisdiction in Every Maritime Dispute

UNCLOS and International Organisations

Several international bodies operate within the broader UNCLOS system.

ITLOS

Judicial settlement of maritime disputes.

ISA

Administration of activities in the Area.

CLCS

Recommendations concerning outer continental shelf limits.

IMO

Specialised regulation concerning shipping and maritime safety.

UNCLOS and IMO

The International Maritime Organization (IMO) is a specialised UN agency concerned with international shipping.

It develops treaties and standards relating to:

• maritime safety;
• shipping security;
• pollution from ships;
• vessel standards.

UNCLOS provides the broad framework within which these specialised rules operate.

UNCLOS and Marine Environment

UNCLOS is not solely a maritime-zonation treaty.

It contains extensive environmental obligations.

The modern law of the sea therefore connects:

Resource Exploitation

with

Environmental Protection

UNCLOS and Climate Change

Climate change increasingly affects:

• sea levels;
• marine ecosystems;
• fisheries;
• coastal areas;
• maritime boundaries.

UNCLOS provides the foundational legal framework, while other treaties and developing international jurisprudence address specific climate-related questions.

BBNJ Agreement

A major recent development is the 2023 Agreement under UNCLOS on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction, commonly known as the BBNJ Agreement.

It addresses:

• marine genetic resources;
• area-based management tools;
• environmental impact assessments;
• capacity-building;
• transfer of marine technology.

It supplements the UNCLOS framework for areas beyond national jurisdiction.

Importance of UNCLOS

UNCLOS is important because it balances several competing interests:

Coastal State Interests

• territorial sovereignty;
• natural resources;
• fisheries;
• environmental protection.

Maritime State Interests

• navigation;
• overflight;
• communication cables;
• shipping.

International Community Interests

• high seas freedoms;
• deep seabed resources;
• marine environmental protection;
• scientific research.

Therefore:

UNCLOS

=

Sovereignty

Resource Rights

Navigation

Environmental Protection

International Cooperation

Important UNCLOS Articles

Maritime Zones

Article 3 → Territorial Sea: 12 nautical miles

Article 5 → Normal Baseline

Article 7 → Straight Baselines

Article 8 → Internal Waters

Article 17 → Innocent Passage

Article 18 → Meaning of Passage

Article 19 → Meaning of Innocent Passage

Article 20 → Submarines

Article 33 → Contiguous Zone: 24 nautical miles

Article 56 → EEZ Rights

Article 57 → EEZ: 200 nautical miles

Article 61 → Conservation of Living Resources

Article 62 → Utilisation of Living Resources

Article 74 → EEZ Delimitation

Article 76 → Continental Shelf

Article 77 → Continental Shelf Rights

Article 83 → Continental Shelf Delimitation

High Seas

Article 87 → Freedom of the High Seas

Article 89 → No Sovereignty Over High Seas

Article 92 → Flag-State Jurisdiction

Article 95 → Warship Immunity

Article 100 → Cooperation Against Piracy

Article 101 → Definition of Piracy

Article 110 → Right of Visit

Article 111 → Hot Pursuit

Islands and the Area

Article 121 → Regime of Islands

Article 136 → Common Heritage of Mankind

Environment

Article 192 → Protection and Preservation of Marine Environment

Article 194 → Prevention, Reduction and Control of Pollution

Dispute Settlement

Article 279 → Peaceful Settlement

Article 286 → Compulsory Procedures Entailing Binding Decisions

Article 287 → Choice of Procedure

Article 288 → Jurisdiction

Important UNCLOS Parts

Remember:

Part II → Territorial Sea + Contiguous Zone

Part III → International Straits

Part IV → Archipelagic States

Part V → EEZ

Part VI → Continental Shelf

Part VII → High Seas

Part VIII → Islands

Part X → Landlocked States

Part XI → The Area

Part XII → Marine Environment

Part XIII → Marine Scientific Research

Part XIV → Marine Technology

Part XV → Dispute Settlement

Maritime Zones Quick Table

Maritime Zone	Extent	Nature of Coastal-State Rights
Internal Waters	Landward of baseline	Sovereignty
Territorial Sea	12 nm	Sovereignty subject to innocent passage
Contiguous Zone	24 nm	Limited enforcement jurisdiction
EEZ	200 nm	Sovereign rights + specified jurisdiction
Continental Shelf	At least 200 nm where applicable; potentially beyond	Sovereign rights over seabed/subsoil resources
High Seas	Beyond national maritime zones	No sovereignty; freedoms
The Area	Seabed beyond national jurisdiction	Common heritage of mankind

UNCLOS Dispute Settlement Flowchart

Maritime Dispute

↓

Negotiation / Peaceful Settlement

↓

Part XV

↓

Article 287 Choice

↓

ITLOS / ICJ / Annex VII Arbitration / Annex VIII Arbitration

↓

Binding Decision

UNCLOS Institutional Flowchart

UNCLOS

↓

ITLOS

→ Maritime Dispute Settlement

ISA

→ The Area

CLCS

→ Continental Shelf Outer Limits

IMO

→ Shipping-related International Regulation

Most Important Distinctions

Territorial Sea vs EEZ

Territorial Sea → Sovereignty

EEZ → Sovereign Rights

EEZ vs Continental Shelf

EEZ → Economic rights concerning resources + specified jurisdiction

Continental Shelf → Seabed and subsoil

High Seas vs The Area

High Seas → Water column

The Area → Seabed and subsoil

Innocent Passage vs Transit Passage

Innocent Passage → Territorial Sea

Transit Passage → Certain International Straits

Island vs Rock

Island → Can generate EEZ + Continental Shelf

Article 121(3) Rock → No EEZ + No Continental Shelf

Natural Island vs Artificial Island

Natural Island → Article 121 regime

Artificial Island → Does not generate its own maritime zones

Important Cases

S.S. Lotus (1927)

PCIJ case concerning jurisdiction over a collision on the high seas and the relationship between flag-State jurisdiction and international law.

North Sea Continental Shelf (1969)

Important for continental shelf delimitation, equitable principles and customary international law.

Fisheries Jurisdiction

Important for fisheries rights and coastal-State jurisdiction.

Qatar v Bahrain

Important for maritime delimitation and territorial/maritime sovereignty.

Romania v Ukraine

Important for maritime delimitation methodology.

Bangladesh/Myanmar

Important for maritime delimitation under UNCLOS and ITLOS jurisdiction.

Philippines v China

Important for:

• maritime entitlements;
• historic rights;
• status of features;
• environmental obligations.

Quick Revision

• UNCLOS = United Nations Convention on the Law of the Sea.
• Adopted → 10 December 1982.
• Place → Montego Bay, Jamaica.
• Entered into force → 16 November 1994.
• Contains 320 Articles + 9 Annexes.
• Often called the constitution for the oceans.
• UNCLOS has 17 Parts.
• Article 3 → Territorial Sea: 12 nm.
• Article 33 → Contiguous Zone: 24 nm.
• Article 57 → EEZ: 200 nm.
• Article 76 → Continental Shelf.
• Article 77 → Continental Shelf Rights.
• Article 87 → Freedom of High Seas.
• Article 92 → Flag-State Jurisdiction.
• Article 101 → Piracy.
• Article 111 → Hot Pursuit.
• Article 121 → Islands.
• Article 136 → Common Heritage of Mankind.
• Article 192 → Marine Environment.
• Article 194 → Marine Pollution.
• Article 287 → Dispute-Settlement Procedures.
• Territorial sea → sovereignty.
• Contiguous zone → limited enforcement jurisdiction.
• EEZ → sovereign rights and specified jurisdiction.
• Continental shelf → sovereign rights over seabed and subsoil resources.
• High seas → freedom and no State sovereignty.
• The Area → common heritage of mankind.
• Innocent passage → territorial sea.
• Transit passage → certain international straits.
• Piracy → traditional basis for universal jurisdiction.
• Hot pursuit → Article 111.
• ITLOS → Maritime judicial body.
• ISA → The Area.
• CLCS → Continental shelf outer-limit recommendations.
• IMO → Shipping-related regulation.
• Maritime delimitation under Articles 74 and 83 seeks an equitable solution.
• Article 121(3) rocks → no EEZ or continental shelf.
• Artificial islands do not generate their own maritime zones.
• Part XII → Marine environment.
• Part XIII → Marine scientific research.
• Part XV → Dispute settlement.
• Important cases:
  • S.S. Lotus;
  • North Sea Continental Shelf;
  • Qatar v Bahrain;
  • Romania v Ukraine;
  • Bangladesh/Myanmar;
  • Philippines v China.

One-Line Memory Trick

Maritime Limits

“12 – 24 – 200”

12 nm → Territorial Sea

24 nm → Contiguous Zone

200 nm → EEZ

Legal Character

Territorial Sea → Sovereignty

EEZ → Sovereign Rights

Continental Shelf → Seabed/Subsoil Rights

High Seas → Freedom

Area → Common Heritage

UNCLOS Parts

“T-S-A-E-C-H-A”

T → Territorial Sea

S → Straits

A → Archipelagic States

E → EEZ

C → Continental Shelf

H → High Seas

A → Area

Dispute Settlement

“I-I-A-A”

I → ITLOS

I → ICJ

A → Annex VII Arbitration

A → Annex VIII Arbitration

Conclusion

The United Nations Convention on the Law of the Sea (UNCLOS) is the central legal framework governing the oceans. Adopted at Montego Bay on 10 December 1982 and entering into force on 16 November 1994, it comprehensively regulates maritime zones, navigation, natural resources, fisheries, marine scientific research, environmental protection and dispute settlement.

Its most important contribution is the creation of a carefully structured system of maritime zones. The territorial sea extends up to 12 nautical miles, the contiguous zone up to 24 nautical miles, and the EEZ up to 200 nautical miles. Beyond these zones, the continental shelf may extend further where Article 76 permits, while the high seas remain open to all States.

UNCLOS also establishes important legal regimes for innocent passage, transit passage, archipelagic waters, piracy, hot pursuit, fisheries and maritime delimitation. At the same time, it imposes significant obligations concerning the protection and preservation of the marine environment.

The regime governing the Area is particularly significant. Under Article 136, the Area and its resources are the common heritage of mankind, and activities in the Area are administered through the International Seabed Authority.

UNCLOS also provides an extensive system for peaceful dispute settlement through ITLOS, the ICJ, Annex VII arbitration and Annex VIII special arbitration. Cases such as North Sea Continental Shelf, Qatar v Bahrain, Bangladesh/Myanmar and Philippines v China have played an important role in interpreting and developing the Convention.

For examination purposes, the essential formula is:

12 nm → Territorial Sea

24 nm → Contiguous Zone

200 nm → EEZ

Article 76 → Continental Shelf

Article 87 → High Seas

Article 101 → Piracy

Article 121 → Islands

Article 136 → Common Heritage

Article 192 → Marine Environment

Article 287 → Dispute Settlement

UNCLOS → Constitution for the Oceans