Preview

United Nations Convention on the Law of the Sea

Good Essays
Open Document
Open Document
2117 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
United Nations Convention on the Law of the Sea
From Wikipedia, the free encyclopedia
Jump to: navigation, search
For maritime law in general, see Admiralty law.
United Nations Convention on the Law of the Sea

Signed
Location December 10, 1982
Montego Bay, Jamaica

Effective
Condition November 16, 1994[1]
60 ratifications
Parties 160[2]

The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place from 1973 through 1982. The Law of the Sea Convention defines the rights and responsibilities of nations in their use of the world 's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources. The Convention, concluded in 1982, replaced four 1958 treaties. UNCLOS came into force in 1994, a year after Guyana became the 60th state to sign the treaty.[1] To date, 158 countries and the European Community have joined in the Convention. However, it is uncertain as to what extent the Convention codifies customary international law.
While the Secretary General of the United Nations receives instruments of ratification and accession and the UN provides support for meetings of states party to the Convention, the UN has no direct operational role in the implementation of the Convention. There is, however, a role played by organizations such as the International Maritime Organization, the International Whaling Commission, and the International Seabed Authority (the latter being established by the UN Convention).
Contents
[hide]
• 1 Historical background
• 2 UNCLOS I
• 3 UNCLOS II
• 4 UNCLOS III
• 5 Part XI and the 1994 Agreement
• 6 Signature and ratification o 6.1 United States non-ratification
• 7 See also
• 8 References
• 9 External links

[edit] Historical background
International Ownership Treaties

Antarctic Treaty System



References: Opened for signature — December 10, 1982. Entered into force — November 16, 1994.[1] The convention is ratified by 160 countries, Niue, Cook Islands and the European Union.

You May Also Find These Documents Helpful

  • Good Essays

    Pol 103 Study Guide

    • 1300 Words
    • 6 Pages

    UN organs- the institution that takes care of violations of international law. 5 members have to come together and agree to punish a state (very rare)…

    • 1300 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Use your class text, readings, and slide shows. Do not cut and paste. I want an appropriate response to the entire question. Make sure that you answer each part of the question. Include the question with each of your responses.…

    • 428 Words
    • 2 Pages
    Good Essays
  • Best Essays

    Despite the universal implementation of the Law of the Sea principles in defining national sovereignty over coastal waters and the end of the…

    • 2291 Words
    • 10 Pages
    Best Essays
  • Good Essays

    The Antarctic treaty was signed on the 1st December 1959 in Washington. It was originally signed by 12 nations. These 12 nations are the nations that are consulted at all decisions. More nations were added to the treaty as time progressed and the treaty was put in action on 23rd June 1961.…

    • 448 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    The UN website describes this convention by stating “In short, the Convention is an unprecedented attempt by the international community to regulate all aspects of the resources of the sea and uses of the ocean, and thus bring a stable order to mankind 's very source of life.” (UN p2) Despite this lofty goal, when the control of a resource and economic benefit to a country is at stake, the nicely worded idealism gives way to the interpretation of law and ways to bend it to one’s favor. To recognize the desire by coastal countries to have some control over the waters touching their coast, the Law of the Sea defined the various degrees of control a country would have extending from its coast. The first band is the territorial limit, extended to 12 miles from the coast. For the island nations, that boundary extends from the outer islands and makes the open water between the islands part of the territorial waters. The concept of the “right of innocent passage” recognizes that there are geographic areas where a ship may pass through the territorial waters of another country because it is the shortest route between two destinations. Laws governing these passageways recognized the need for reasonableness in travel and making over 100 straits…

    • 5192 Words
    • 21 Pages
    Powerful Essays
  • Best Essays

    Somalia Piracy

    • 1790 Words
    • 8 Pages

    Porter, Keith. “Law of the Sea Treaty.” About.com. 4 Sept. 2007. Web. 4 Mar. 2010. .…

    • 1790 Words
    • 8 Pages
    Best Essays
  • Powerful Essays

    Recognizing that the United Nations Conference on the Law of the Sea, held at Geneva from 24 February to 27 April 1958, adopted the following provisions as generally declaratory of established principles of international law,…

    • 3536 Words
    • 15 Pages
    Powerful Essays
  • Best Essays

    The practice of exercising control over areas of the high seas contiguous to the territorial seas dates back to more than 200 years. This zone of sea found contiguous and seaward of the territorial sea is known as the contiguous zone. This zone is a buffer area where coastal states practiced limited enforcement powers over foreign vessels found ‘hovering’ on areas of waters outside of the territorial sea, on matters concerning economic, immigration and sanitary interests. This paper will examine the concept of the contiguous zone and determine the extent of the legislative and enforcement jurisdiction of the coastal state over foreign vessels found within the zone. This paper will illustrate earliest development of the concept and its practice by states but will dwell mainly on how it is interpreted in the light of the pertinent provisions of the 1958 Geneva High Seas Convention and the 1982 United Nations Convention on the Law of the Sea.…

    • 5993 Words
    • 24 Pages
    Best Essays
  • Powerful Essays

    Land-locked States shall have the right to participate, on an equitable basis, in the exploitation of an appropriate part of the surplus of the living resources of the exclusive economic zones of coastal States of the same subregion or region, taking into account the relevant economic and geographical circumstances of all the States concerned and in conformity with the provisions of this article and of articles 61 and 62-Discuss.…

    • 4234 Words
    • 17 Pages
    Powerful Essays
  • Good Essays

    Convention It is designed to unify law by establishing legal binding obligations. It requires ratification and ensure a high degree of harmonization of law in the participating States. UNCITRAL generally do not permit reservations or declarations or allow them to a very limited extent. States are free to join or not to join any convention.…

    • 979 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The International Whaling Committee(ICW) is an IGO that was created in 1946 by the International Convention for the Regulation of Whaling. The IWC was created to ensure conservation of whale stocks and development of the whaling industry. The IWC presently has 40 members, with membership open to any state willing to sign on to the ICRW. The IWC meets annually; it has a small Secretariat and is lead by the Secretary-General. It is further divided into three committees: the Scientific, Technical, and Finance and Administration. Each state has one, equal vote. Decisions are made with a simple majority except for cases such as protected and unprotected species, open and closed waters and seasons, size limits for species, factors of whaling(time, methods, intensity), and types/specifications of gear to be used. Overall, the IWC is responsible for protecting endangered species, designating whale sanctuaries, setting whale kill quotas, specifying hunting seasons, maintaining whale stocks, conducting scientific research and regulating the capture of female whales with suckling calves. The IWC is an example of an organization created to avoid the tragedy of the commons. Despite efforts to conserve the whale stock, whale populations continue to decline. In 1982, the IWC issued a 15 year moratorium on all commercial whaling. States such as the former Soviet Union, Japan, Iceland and Norway opposed this, which went into effect in 1986. Because Norway formally objected the moratorium, and Japan was given an exemption to kill whales for science, these two states are not bound by the moratorium. This is because the ICRW allows objections from member states, IWC rules are not binding to those who object them. The IWC discussed two major issues at the 2001 meeting, the revised management scheme and additional whale sanctuaries. The new management scheme would lift the whaling ban and allow Japan and Norway whale-kill quotas. Whale sanctuaries are designated areas in which most…

    • 1091 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Maritime Law

    • 886 Words
    • 4 Pages

    "1- The name of the insured, or of some person who effects the insurance on his…

    • 886 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In admiralty, jurisdiction can be understood to be the power or competence of a court to hear and determine matters, statutorily or customarily prescribed, as “maritime claims”.1 Admiralty jurisdiction may be exercised over a dispute between two peregrines concerning a cause of action which arose outside the court’s area of jurisdiction. In the case of Kandagasabapathy v MV Melina Tsiris2 it was said that, “this court, sitting as a Court of Admiralty, has jurisdiction even though the claim is between foreigners and in terms of a contract concluded outside its jurisdiction; in short, even though neither parties nor the subject matter of the claim have any connection with this country”. Furthermore, admiralty jurisdiction is also discretionary, and an admiralty court may, in appropriate circumstances, decline to exercise its jurisdiction, leaving it to the plaintiff to enforce his right in some other competent forum.3 It is important that when maritime cases are brought before court, the court should exercise jurisdiction. In addition, the court must not only have jurisdiction but also be able to enforce a maritime claim that has been decided by a court of another jurisdiction. These paper discuses the historical background of admiralty jurisdiction in Namibia and the applicable law.…

    • 1299 Words
    • 5 Pages
    Good Essays
  • Good Essays

    (UN, 37) The implementation of the standards of the declaration is the responsibility of the States. Similarly, the UN Permanent Forum on Indigenous Issues also ensures the implementation of the provisions contained in the declaration. In addition, NGOs and associations representing indigenous peoples continue to play an important role of political pressure. (UN Portal)…

    • 892 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Most conventions establish mechanisms to oversee their implementation. In some cases these mechanisms have relatively little power, and are often ignored by member states; in other cases these mechanisms have great political and legal authority, and their decisions are almost always implemented. Examples of the first case include the UN treaty committees, while the best exemplar of the second case is the European Court of Human Rights.…

    • 1551 Words
    • 7 Pages
    Good Essays

Related Topics