UN Convention on the Law of the Sea: An International Law Analysis

This report provides an analysis of the United Nations Convention on the Law of the Sea (UNCLOS), adopted in 1982. It examines the comprehensive framework established by UNCLOS for governing the world's oceans, including the setting of rules for the use of ocean resources. The report highlights the convention's role in addressing traditional rules and introducing new legal concepts. It also covers the functions of the Division for Ocean Affairs and the Law of the Sea, as well as the treaty's impact on territorial sea limits, navigational rights, economic jurisdictions, protection of the marine environment, marine research, and dispute resolution. The report also provides a brief overview of the historical context, including Sri Lanka's involvement and the treaty's ratification. The report also mentions the role of NOAA in depicting maritime zones.

July 24, 2019
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United Nations of the law of a convention contribute to better clarity with regard
to the duties of the nation / state regarding the sea Analyze
The United Nations Convention on the Law of the Sea was adopted in 1982. It lays down a
comprehensive regime of law and order in the world's oceans and seas establishing rules
governing all uses of the oceans and their resources. It embodies in one instrument traditional
rules for the uses of the oceans and at the same time introduces new legal concepts and
regimes and addresses new concerns. The Convention also provides the framework for further
development of specific areas of the law of the sea.
The Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs of the United
Nations serves as the secretariat of the Convention on the Law of the Sea and provides
information, advice and assistance to States with a view to providing a better understanding of
the Convention and the related Agreements, their wider acceptance, uniform and consistent
application and effective implementation. The Division monitors all developments relating to
the Convention, the law of the sea and ocean affairs and reports annually to the General
Assembly of the United Nations on those developments. It also assists the United Nations
Open-ended Informal Consultative Process on Oceans and the Law of the Sea in reviewing such
developments.
The Law of the Sea is a comprehensive treaty covering territorial sea limits, navigational rights,
and the legal status of the ocean's resources, economic jurisdictions, and protection of the
marine environment, marine research, and other facets of ocean management. It attempted to
address the existing conflicts over the oceans. After its adoption, some called it "possibly the
most significant legal instrument of this century."
The treaty established legal principles governing ocean space, its uses and resources. The Law
of the Sea treaty also set up a binding procedure for settling disputes between nations and
established the International Tribunal for the Law of the Sea. Nations could now take other
nations to court over perceived violations of international convention. The treaty also
recognized the right to conduct marine scientific research. It addresses the main sources of
ocean pollution: land and coastal activities, continental shelf drilling, seabed mining, ocean
dumping, and vessel-source pollution. The Law of the Sea also established the International
Seabed Authority, which regulates activities in the deep seabed beyond national jurisdictions.
Sri Lanka joined the United Nations in 1952, in time to study the work of the International Law
Commission on the Law of the Sea. The work was completed in 1956, and Sri Lanka participated
in the first United Nations Conference on the Law of the Sea, which convened in Geneva in
1958. The Convention, concluded in 1982, replaced four 1958 treaties. UNCLOS came into force
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in 1994, a year after Guyana became the 60th nation to ratify the treaty. As of June 2016, 167
countries and the European Union have joined in the Convention.
National Oceanic and Atmospheric Administration is responsible for depicting on its nautical
charts the limits of the 12 nautical mile Territorial Sea, 24 nautical mile Contiguous Zone, and
200 nautical mile Exclusive Economic Zone. Each of these maritime zones is projected from
what is called a “normal baseline,” which is derived from National Oceanic and Atmospheric
Administration nautical charts. A “normal baseline” is defined under the Law of the Sea as the
low-water line along the coast as marked on officially recognized, large-scale charts or the
lowest charted datum, which is mean lower low water in the United States. The method of
arriving at this baseline is described in the 1958 Convention and in the 1982 Convention. The
U.S. normal baselines are ambulatory and subject to changes such as accretion (addition of
land) and erosion. Unless the seaward boundary or zone is fixed, it will be subject to
corresponding change.
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