United Nations Convention on the Law of the Sea

2021 AUG 10

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Why in news?

  • The UNSC adopted a ‘Presidential Statement’ which reaffirmed that the United Nations Convention on the Law of the Sea (UNCLOS) establishes the legal framework for maritime activities.

More about the news:

  • With India holding the presidency of the Security Council, the recognition of UNCLOS is considered a huge diplomatic achievement for India.
  • This is the first time that the 'legislative framework' for UNCLOS has been recognised by UNSC.
  • China, which is traditionally opposed to the idea of UNCLOS, was also onboard.

About UNCLOS

  • UNCLOS defines the rights and responsibilities of nations towards the use of the world’s oceans.
  • 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.
  • Also known as Law of the Sea, it divides marine areas into five main zones namely
    • Internal Waters
    • Territorial Sea
    • Contiguous Zone
    • Exclusive Economic Zone (EEZ)
    • High Seas.
  • UNCLOS is the only international convention which stipulates a framework for state jurisdiction in maritime spaces. It provides a different legal status to different maritime zones.

 The Convention has created three new institutions

  • International Tribunal for the Law of the Sea:
    • It is an independent judicial body that adjudicates disputes arising out of the convention
  • International Seabed Authority:
    • It was formed in 1994 for regulating the exploration and exploitation of marine non-living resources of oceans in international waters
  • Commission on the Limits of the Continental Shelf:
    • It is responsible for facilitating the implementation of UNCLOS with respect to the establishment of the outer limits of the continental shelf beyond 200 nautical miles.

Members:

  • The convention has been ratified by 168 parties, which includes 167 states and the European Union.
  • United States of America has not ratified the convention.
  • India played a constructive role in deliberations leading to UNCLOS’s adoption in 1982 and has been a party to the convention since 1995.

 

PRACTICE QUESTION

Which of the following institutions are established under United Nations Convention on the Law of the Sea?

1. International Tribunal for the Law of the Sea

2. International Seabed Authority

3. Commission on the Limits of the Continental Shelf

Select the correct answer using the code given below:

(a) 1 and 2 only

(b) 3 only

(c) 1 and 3 only

(d) 1,2 and 3

Answer