Unclos-law Of The Sea

UNCLOS-Law  of The Sea

What Is UNCLOS? 

The United Nations Convention for the Law of the Sea is referred to as UNCLOS. The agreement is also known as the Law of the Sea Treaty or the Law of the Sea Convention.
 
On November 16, 1982, UNCLOS, an international law of the sea, went into effect and established marine zones. The treaty has numerous rules that regulate and control how nations operate and assert rights over the oceans and seas of the world.
 
The marine industry and maritime operations depend on its legal system and regulations. However, it wasn't until 1973 that a proposal of this nature was first presented to the UN. Over the course of nine years, UNCLOS was created with the participation of over 160 nations.
 
The following information provides a detailed explanation of UNCLOS's history:
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Background

•    Prior to the implementation of UNCLOS, the freedom-of-the-seas school of thinking predominated. The 17th century saw the introduction of this theory.
 
•    According to this law, there were no restrictions or limitations placed on the element of sea commerce.
 
•    As technology advanced and global population demands increased throughout the years and centuries, a dilemma surfaced. 
 
•    Around the middle of the 20th century, over-exploitation of marine resources became a major concern, and many countries began to realize the importance of protecting their marine resources. 
 
•    Numerous nations throughout the world took control of the natural riches available on their oceans' continental shelf after the United States did so in 1945.
 
•    The 12-nautical-mile region starting from the low-water mark along the shore is how the UNCLOS defines the territorial sea. The territorial sea, seabed, and subsoil are all under the control of the coastal nations. 
 
•    A nation's exclusive economic zone (EEZ), which is defined by UNCLOS as extending 200 nautical miles from its coastline, must meet certain criteria. The article gives sovereign rights for the exploration, conservation, exploitation, and management of natural resources, both living and non-living. 
 
•    The definition of a country's continental shelf in Article 76, which includes the seabed and subsoil of its submarine regions that extend outside of its territorial sea along with the natural extension of the land topography to the outer limits of the continental shelf or 200 nautical miles, is significant. But in semi-enclosed areas, these parameters have led to disagreements.
 
•    Additionally, it describes the obligations and liabilities of Flag States. Argentina, Canada, Indonesia, Chile, Peru, Norway, Ecuador, as well as nations like Saudi Arabia, Egypt, Ethiopia, and Venezuela were a few of the nations that used this power. A separate rule had to be put in place to guarantee effective protection and control over the marine reserves because utilization of the reserves increased significantly in the 1960s and missile launch pads began to be situated in the ocean floor. 
 
•    The Third UN Conference on the Law of the Sea took place in 1967. Arvid Pardo, the UN ambassador from Malta, asked for a legal authority that might establish global jurisdiction over the ocean's floor and bed at this summit.
 
•    A legal authority like this would also guarantee that there would be no disputes between various nations over the ocean's bottom and bed space.
 
•    This UNCLOS III significantly established the ground for the current maritime law. 
 

Following Is An Explanation Of The Characteristics And Salient Points Of The Same:

1.    The maritime law that is currently in effect, UNCLOS, is eventually enforceable.
 
2.    Even though the nautical law's name implies a role for the UN, the UN plays no significant functional role in how UNCLOS operates.
 
3.    The UNCLOS is divided into 17 parts, 320 articles, and 9 annexes.
 
4.    The sea law grants nations full money rights for a 200-mile zone around their coastline. Any country may use these waters for its economic purposes because the sea and oceanic bed that extend this region are considered to be an Exclusive Economic Zone (EEZ). 
 
UNCLOS-Law of The Sea
5.    The UNCLOS is operated in large part thanks to the International Maritime Organization (IMO). Organizations like the International Whaling Commission and the International Seabed Authority, in addition to the IMO, are crucial players in the practical spheres of nautical law. 
 
6.    The US is one nation that has not yet sanctioned (ratified) the nautical law despite having 160 member parties. The US's disagreement with Part XI of UNCLOS is the key factor keeping it from endorsing the marine law.
 
7.    This section covers the topic of minerals found in the EEZ's seafloor. This section of the nautical law served as the foundation for the creation of the International Seabed Authority, which called for an equitable distribution of the proceeds from such sea beds. 
 
8.    Despite being one of the most significant members of the UN, the US has not ratified UNCLOS because it disagrees with this theory.
 
9.    Additionally, it includes precise guidelines for the preservation of the marine environment and for the prevention of deep sea mining and other activities like overfishing from polluting the oceans and high seas.
 
10.    It also refers to the high seas' freedom, particularly the freedom of scientific exploration and the simple navigation of commercial ships.
 
11.    It may be claimed that marine resources can be secured and safeguarded with the aid of a maritime legislation like UNCLOS, particularly in modern times where the requirement for marine resources' protection has expanded even more during the 1960s and 1970s. 
 

Questions And Answers: 

1. How many nations are a part of UNCLOS?

168 parties, including 167 nations and the European Union, ratified the convention. The convention has been signed by 14 more UN members, but they have not yet ratified it.
 

2. Are the UNCLOS judgments enforceable against states?

Yes, its members must abide by its decisions. However, China disobeys the 2016 ruling over the South China Sea, and numerous nations object to Chinese warships entering their territorial waters. China should be forced to abide by the convention's decision and should therefore do so. 
 

3. When did UNCLOS become a law?

1982 saw the adoption of the United Nations Convention on the Law of the Sea. It establishes regulations for the international waters and their resources, highlighting a comprehensive regime of law and order throughout the world's oceans and seas.
 

4. How significant is this convention?

It serves as the foundation for carrying out maritime commerce, ensuring that the rights of other flag states are not jeopardized and that the resources of the seas and oceans are equitably allocated. The regulations governing freedom of navigation are codified, which is crucial for national security.
 

5. Why hasn't the US ratified the agreement?

The US has been unable to accept and ratify the conference because of resistance from Senate Republicans. Part XI of UNCLOS, which specifies the equitable distribution of minerals found on the seabed, is not in agreement with the Republicans.

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