The 1982 United Nations Convention on the Law of the Sea

HISTORY
17th century
National rights were limited to a specified belt of water extending
from a nations coastlines (usually 3 nmi according to the cannon
shot rule by Cornelius van Bynkershoek)
Freedom of the seas concept: All waters beyond national
boundaries were considered international waters: free to all
nations, but belonging to none of them (mare liberum principle by
Grotius)
20th century
Some nations expressed their desire to extend national claims to
include mineral resources, protect fish stocks and enforce pollution
controls.
League of Nations called a 1930 conference but no agreements
resulted.
In 1945, Pres. Truman extended US control to all natural resources of
its continental shelf. Other nations followed suit.
1946-1950. Chile, Peru and Ecuador extended their rights to 200 nmi
Other nations extended their territorial seas to 12 nmi (22 km)
After WWII, the international community requested that the UN ILC
consider codifying the existing laws relating to the oceans. The
commission prepared four draft conventions, which were adopted at
the first UN Conference on the Law of the Sea.
UNCLOS I Feb 24 - Apr 29, 1958 Adopted the 1958 Geneva
Conventions: 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.
Although successful, it left open the vital issue of breadth of
territorial sea.
UNCLOS II Mar 17 Apr 26, 1960 Did not result in any international
agreements. Failed once again to fix a uniform breadth for the
territorial sea or establish consensus on sovereign fishing rights.
Developing nations participated only as allies, or dependents of the
US or the Soviet Union, with no significant voice of their own.
UNCLOS III 1973 - 1982 Took effect: Nov. 16, 1994 (1 year after
ratification by the 60th state) Features: Definition of maritime zones
Provisions for passage of ships, protection of marine environment,
freedom of scientific research, and exploitation of resources

Signatories Signed: 10 December 1982 Entry into force: 14

November 1994 (After Guyana became the 60th nation to sign)
States Parties: 166 (as of December 2013)
U.S. non-ratification of the UNCLOS Pro-ratification
Environment: UNCLOS sets a legally binding intl standard which
aims to protect marine env.
National security: In the absence of treaty law, the US relies on
customary law that can change as states practices change
International diplomacy: UNCLOS offers a peaceful way to resolve
disputes through the ITLOS
Helpful to allies: May help resolve South China Sea territorial
dispute Anti-ratification
National sovereignty: The treaty creates the Intl Seabed
Authority (ISA) with its own dispute tribunal
Environment: UNCLOS would provide new avenues for non-US
environmental orgs. to affect domestic US environ. Policies
Taxation: License fees and taxes levied by ISA would be taxation
w/o representation
Lack of need: US already honors almost all provisions of the
treaty
Introduction Use of terms and scope Area seabed and ocean floor
and subsoil thereof, beyond the limits of national jurisdiction
Authority International Seabed Authority (ISA) Activities in the Area
all activities of exploration for, and exploitation of, the resources of
the Area Pollution of the marine environment Introduction by man,
directly or indirectly, of substances or energy into the marine
environment, including estuaries, which results or is likely to result
in such deleterious effects as harm to living resources and marine
life, hazards to human health, hindrance to marine activities,
including fishing and other legitimate uses of the sea, impairment of
quality for use of sea water, reduction of amenities States Parties
States which have consented to be bound by this Convention and for
which this Convention is in force I
Territorial Sea and Contiguous Zone II
1. CS sovereignty extends to the air space over the territorial sea
as well as to its bed and subsoil (2)
2. The sovereignty over the territorial sea is exercised subject to
this Convention and to other rules of international law (2)
3. Every State has the right to establish the breadth of its territorial
sea up to a limit not exceeding 12 nmi, measured from baselines
determined in accordance with this Convention (3)

INTERNAL WATERS and TERRITORIAL SEA

Activity
Internal Waters
Territorial Sea
Navigation
Convention
N/A Applicable
with
except
where regard to innocent
establishment
of passage of merchant
baseline encloses new vessels (17-28) and
internal waters (8)
warships (17-26; 2932)
Overflight,
Convention N/A
Fishing,
Laying
submarine cable,
mining
scientific
Convention N/A
CS consent required
research
(245)
imposition
of Convention N/A
Only by CS(21; 192);
environmental
Must
not
hamper
legislation
innocent
passage
(211; 220); Warships
(236
BASELINE
Step 1
Normal baseline is
the low-water line
along the coast (5)
For an island or
atoll, the seaward
low-water line (6)
Outermost
permanent harbor
works forming an
integral part of the
harbor system are
regarded
as
forming part of the

coast (11) II

Step 2
Low-tide elevations
(LTE) 12 nm or less
from the mainland
(13)
Installations on LTE
permanently
above
sea-level
even when beyond

12 nm (7)
Mouths of rivers (9)
Low-water marks of
natural
entrance
points of bays (10)
Points
along
a
deeply
indented
coastline (7)

Step 3
LTE
without
permanent
installations
(7;
13) beyond the
breadth of the
territorial
sea
have no territorial
sea of their own
Islands have their
own territorial sea
(121)
Off-shore
installations
/
artificial islands do
not have island
status and do not
affect
baselines
(11; 60; 80; 147;

259
*The coastal state is to deposit charts or lists showing the baseline
with the UN Sec.-Gen. (16)
Restrictions on the Sovereignty of the Coastal State (2)
1. CS may only adopt laws as given in Art. 21
2. CS may not regulate the design, construction, manning, or
equipment of foreign vessels (21) but may implement other
pollution measures (194)
3. CS is to make public all applicable laws (21) and any dangers to
navigation (24)
4. Regulations which hamper innocent passage may not be adopted
(24; 214)
5. CS is to abstain from discriminatory measures against any ship
(24)
6. CS may exercise jurisdiction in criminal cases only if (27):
Consequences extend to CS
Disturbs the peace of CS or good order of TS
Diplomatic agent or master of the ship of FS requests
assistance of local authorities
Necessary for the suppression of illicit traffic in narcotics II
7. CS may levy execution against or arrest ship only in respect of
obligations or liabilities assumed or incurred in the course of its
voyage through CS waters (28)
8. Charges may not be levied by reason only of passage (26)
9. Warships and other govt. non commercial vessels are immune
(32); CS required to allow these vessels passage if they comply
with CS laws (30)
Right of Innocent Passage (17)
1. Passage must be continuous & expeditious (18).
Exception: Delayed passage incidental to ordinary navigation
Force majeure or distress To render assistance to persons, ships
or aircraft in danger or distress
2. Nuclear ships and ships carrying dangerous materials must carry
documents and take precautions (23)
3. CS may adopt regulations in the areas enumerated in Art. 21
(211; 260)
4. CS may establish sea lanes (22)
5. CS may prevent passage which is not innocent and breach of
conditions (25)
6. Arrest and investigation can take place as specified in Art. 27 and
28 (e.g. 73; 220)
7. Charges may be levied for specific services rendered (26)

8. Submarines must navigate on surface and show flag (20) II

Passage is innocent so long as it is not prejudicial to CS peace,
good order or security.
9. CS may suspend the right of innocent passage as long as such
suspension (25):
does not discriminate among foreign ships, in form or in fact
is temporary
specifies the areas where innocent passage shall not be
allowed
is essential for its security
is duly published
10. Certain activities not having direct bearing on passage are not
regarded as innocent (19)
Threat or use of force against CS sovereignty, territorial
integrity or political independence
Exercise or practice with weapons
Any act aimed at collecting information to the prejudice of CS
defense or security Any act of propaganda affecting the
same
Launching, landing or taking on board of any aircraft or
military device
Loading or unloading of any commodity, currency or person
contrary to CFIS laws
Any act of willful & serious pollution
Any fishing activities
Research or survey activities
Any act aimed at interfering with communications systems or
any other CS facilities or installations
Any other activity not having a direct bearing on passage
CONTIGUOUS ZONE
Activity
Rights of Foreign Nationals in Contiguous Zone
Navigatio Full rights if compatible with Convention (58; 87n
115) Restricted by Art. 33 (Power of CS to prevent
and punish infringement of customs, fiscal,
immigration or sanitary laws) Boarding and search
by CS only to prevent and punish infringement of
specific coastal state laws Removal of historical
objects only with CS approval (303)
OverFull rights
flight
Fishing
No rights after establishment of EEZ. Exception: 62
par. 2
Scientific
CS consent is required when EEZ has been

Research
Laying of
Cable
Mining
Environ.
Legislatio
n

established (246)
Full rights (58, 79); CS consent for routing required
(79)
No rights (CS rights over cont. shelf need not be
claimed) (76)
Must observe CS sanitary laws (33) and pollution laws
(Part XII) II A zone adjacent to the TS that may not
extend beyond 24 nmi from the baselines

International Straits
Restrictions on the Sovereignty and Jurisdiction of the State
Bordering the Strait III
1. State may adopt laws and regulations only as enumerated in Art.
42
2. Laws may not discriminate nor undermine the right of transit
passage (42)
3. Transit passage may not be hampered or suspended (44)
4. Co-operation with other states with regard to navigational aid
and pollution prevention (43)
5. No restrictions on warships (38)
6. Provisions on prevention of pollution from vessels (Part XII) are
not applicable unless major damage or threat of major damage
(233)
N.B.: Any activity not an exercise of the right of transit passage is
subject to the regime of the territorial sea (38)
Restrictions on Transit Passage for Vessels III
1. Vessels must observe laws adopted, in accordance with Art. 42
2. Vessels must comply with duties enumerated in Art. 39 (e.g.
refrain from threats or use of force)
3. Passage must be continuous and expeditious(38) and comply
with international safety and pollution regulations (38; 42)
4. Vessels must refrain from research and surveys(40)
5. Vessels must observe sea lanes and traffic separation schemes
(41)
6. Flag states are liable for vessels entitled to immunity (42; 236)
Archipelagic States
Use of Terms (46)
Archipelagic State: a State constituted wholly by one or more
archipelagos and may include other islands
Archipelago: a group of islands, interconnecting waters and other
natural features so closely interrelated that they form an intrinsic

geographical, economic and political entity, or which historically

have been regarded as such
Right of Innocent Passage (52)
1. Ships of all States enjoy right of innocent passage through AW
2. AS may suspend right as long as suspension:
i.
does not discriminate among foreign ships, in form or in fact
ii.
is temporary
iii.
specifies the areas where innocent passage shall not be
allowed
iv.
is essential for its security
v.
is duly published
Archipelagic Sea Lanes
Archipelagic sea lanes passage: The exercise of the rights of
navigation and overflight for continuous, expeditious and
unobstructed transit between one part of the high seas or EEZ and
another part thereof (53)
1. Sea lanes (SL) shall be defined by a series of continuous axis lines
from every entry point of passage routes to exit point
2. AS may establish sea lanes which traverse the AW and the
adjacent TS
3. SLs include all normal passage routes and navigational channels
within such routes
4. Vessels must not deviate more than 25 nmi to either side of the
axis line during passage, BUT they must not navigate closer to
the coast than 10% of distance between nearest points on islands
bordering SL
5. AS may prescribe traffic separation schemes for SLs to ensure
safe passage of vessels through narrow channels
ARCHIPELAGIC WATERS
Activity
Rights of Foreign Nationals in Archipelagic
Waters
Navigatio
Innocent passage but may be suspended for security
n
(52; 54); Right of archipelagic sea lane passage (53
par. 2); SLs and traffic sep. schemes are to be
respected (53 par. 11); Sea lane passage may not be
hampered/suspended (54; 44);
Overflight Right of overflight but must follow designated
corridors (53); Observe Rules of the Air; monitor
assigned radio freq. (54; 39)
Fishing
By agreement; AS must recognize traditional fishing
rights (51)

Scientific
Research
Laying of
Cable
Mining
Environ.
Legislatio
n

AS consent is required (54; 40)

Foreign states have rights only on existing cables (51)
No rights
AS may adopt laws to give effect to intl regulations
(54; 42

Exclusive Economic Zone

Exclusive Economic Zone (EEZ) Rights of the Coastal State
Activity
Regulations
Impact on Rights
ManageOf
the
natural Coastal state must act with
ment
resources (56)
due regard for rights and
duties of other states (56 par.
2)
Living
Fishing (56; 61-67) Participation of land-locked
Resources
sedentary
species and
geographically
(77 par. 3)
disadvantaged
states
and
others (62 par. 2-3)
Non-living
Production of energy None
Resources
from water, current,
wind,
etc.
(56);
Mining (56; 76-85)
Artificial
(56 par. 2; 60)
Due
regard
to
shipping,
Islands
including safety zones (60 par.
3-5; 260-262)
Marine
56 par. 2; 246-262)
International
cooperation
scientific
(242); Peaceful purposes only
research
(246); Non-interference with
shipping
(260-262)
by
artificial islands
Law
Fishing, inspection, Release vessel upon security
enforcearrest, proceedings (73); No imprisonment in
ment
(73)
fishing cases (73 par. 3)
Other uses Sovereign rights in Coastal state has to accept
of sea bed drilling
(81); cables and pipelines (79)
Tunneling (85)
Exclusive Economic Zone (EEZ) Duties of the Coastal State
Activity
Regulations
Impact on Duties
ConservaNatural resources Contribution and exchange of

tion
Utilization

Environ.
Protection
Conflict
Resolution
Zone
Delimit

(56), in particular,
fish (61)
Of living resources
(62)
(56; 192-237)
(59; 297-298)
(74, 75)

data (61 par. 5)

Coastal state must regulate
fishing by other states (62 par.
4)
Coastal state is responsible and
liable (232; 235; 304)
Limitation of applicability (297);
Release of fishing vessels (292)
Dispute
procedure
with
opposite/ adjacent states if not
otherwise settled (74 par. 2;
298)

FISHERIES Conservation and Utilization

Conservation (61)
Determination of allowable catch on the basis of:
-Best scientific evidence available
-Duty to maintain/restore stocks
-Avoidance of threat to species
-Cooperation with intl orgs.
Available scientific info is to be contributed and exchanged
For stocks not only in one economic zone, co-operative efforts
required (63-67; 116)
Utilization (62)
Coastal State is to
- promote optimum utilization
- determine capacity of its fish industries
- allow, if surplus, geographically disadvantaged states to
participate (62; 69; 70; 72)
- determine conditions for fishing by other states (62 par. 4)
- Release arrested vessels upon payment of security;
imprisonment or corporal punishment not permitted (73)
FISHERIES Measures with Regard to Stocks and Species
Type
General
Third States
International
org
Stocks & Asso
CS to cooperate Involvement of
Species (63)
with
states sub-regional/
concerned
regional org
Hi. Migratory Species
in Cooperation
1. With existing

Species (64)

Annex I

Marine
Mammals (65)

Stricter
measures
than in Part V
may
be
taken
State where
species
spends most
of life cycle
responsible

Anadromous
stocks
(66);
Catadromous
species (67)

Sedentary
spec. (68; 77)

Treated
as
natural
seabed
resources

directly
w/
states
concerned
States are to
cooperate

1.
Fishing
primarily
for
responsible
state 2. Cooperate
with
states
concerned
None

orgs. 2. Else,
establish org.
Work
through
approp.
organizations,
esp.
for
cetaceans
Involvement
where
appropriate;
None
for
catadromous
species
None

Continental Shelf
Rights of Foreign Nationals in the EEZ, Continental Shelf, and on the
High Seas
Activity
EEZ
Continental
High Seas
Shelf
Navigation Free,
if Equal
rights Equal rights for all
compatible
for all (87)
(87; 90)
with
Convention
(FICC)
(58;
87-115)
Overflight
FICC
(e.g. Equal
rights Equal rights for all
222, Pollution) for all (87)
(87)
Fishing
Agreements
Equal
rights ) Equal rights for all
(62);
Geog. (87;
116- (87; 116-120)
disadvan.
120), except
states (69-70) seden-tary
species (77)
Scientific
Consent
Water column: Equal rights (87)
research
necessary
Equal
rights Except, on outer
(246)
(87); Sea-bed: shelf (246), and

Cables

Mining

Marine
Environme
nt

Consent (246)

Area (requires cooperation) (143)

Free, consent
for
routing
required (56
par. 3; 58; 79;
112-115)
No rights

Free, consent
for
routing
required (79)

Equal rights
112- 115)

No rights

Jurisdiction as
provided
by
Convention
(56; Part XII)

Rights
of
coastal states
(192,
208)
with regard to
sea-bed
activities

Equal rights (141)

management
by
Sea- Bed Authority
(137)
Equal responsibility
(192); activities in
Area (209; 215),
flag state (211;
217), port state
jurisdiction (218)

(87;

THE HIGH SEAS

General Principles
1. Justice and equal rights for all (Preamble) to be exercised in good
faith and with no abuse of rights of others (300)
2. Freedom of all types of activities (87 par. 1) with due regard for
the interests of other states
3. Reserved for peaceful purposes (88)
4. State sovereignty over any part of the high seas is excluded (89)
THE HIGH SEAS Particular Freedoms
Freedoms (87)
Regulations governing the high seas
Navigation
Basics
1. Nationality of Vessels (91)
2. Vessels in service of international orgs. (93;
Annex IX)
3. Warships, etc. (95-96)
Jurisdiction
1. Exclusive jurisdiction; flag stage (92)
2. Administrative, technical, social; flag state
(94 par. 1-5)

3. Collisions. Inquiry (94 par. 7); cooperation

with flag state; Penal jurisdiction: disciplinary,
arrest, detention; flag state (97)
4. Pollution; flag state (192; 194; 211; 217; 228)
5. Pollution, port state (218; 232)
6. International offenses; other states (99-110)
7. Other items: Search and rescue service by
coastal states (98); Render assistance (98);
Hot pursuit (111); Civil pollution claims (229)
Overflight
Pollution; state of registry (212; 222)
Submarine
1. Subject to Part VI (Continental Shelf) (87) #
cables
and 2. General right (112)
3. Liability for damage (113-114); Indemnity for
pipelines
loss incurred avoiding damage (115)
Construction of 1. In accordance with international law (87)
Artificial Islands 2. Subject to Part VI (Continental Shelf) (87)
3. Scientific research in general (258-262); In
the Area (143; 256)
Fishing
(116-120)
Scientific
1. Subject to Part VI (Continental Shelf) (87)
2. Subject to Part XIII (Marine Scientific
research
Research) (87)
3. Scientific research in the Area (143)
4. Development and transfer of marine
technology (Part XIV)
VESSELS Flag State Obligations Merchant Vessels
Issue
Flag State Obligations Merchant Vessels
Jurisdiction
General
Vessels are subject to exclusive jurisdiction of flag
state on the high seas (92); For pollution measures
in general (194; 211; 217)
Particular
Flag state required to assume jurisdiction under its
internal law with respect to administrative,
technical, and social matters
Collision incidents on the high seas (97)
- In respect to penal jurisdiction: arrest/detention
flag state
- Penal
and
disciplinary
matters
exclusive
jurisdiction of flag state except: withdrawal of

certificates issued by other states

- Inquiry (Administrative jurisdiction) (94 par. 7)
Administratio Registration
n
- Fix conditions for grant of nationality (91)
- Maintain a register of ships (94 par. 2(a))
- Inspect before registration (94 par. 4(a))
- flag documents (91 par. 2)
Other measures
- Require master to help persons in danger or
distress (98) and assist in collision cases
- Investigate allegations of improper control (94 par.
6)
Technical
Required to ensure
matters
- Construction, equipment, seaworthiness, manning,
training, use of signals, communication, collision
prevention (94 par. 3)
- Inspection
at
intervals,
charts,
nautical
publications, navigational equipment on board
(94 par. 4(a))
Special Jurisdiction on the High Seas
Activity
General
Slave Trade Flag state shall take
(99)
measures to prevent
Piracy (100- Piracy: Illegal act of
107)
crew/passenger or support
of such for private ends
by/on
commercial
or
official vessels against
another vessel (101-103)

Seizure
by
official
vessels (107) Retention
or loss of nationality (104)
Juris. of state seizing
vessel (105) Liability for
unjustified seizure (106)
All states co-operate in
repression of piracy (100)
Vessel w/o Nationality (e.g. 92 par. 2)
Arrest of person and
Unauthoriz
vessel broadcasting and

Right to Visit (110)

Warship has right to
board Must be based
on reasonable grounds
Ff. actions may be
taken: 1. Verify right
ship to fly flag 2.
Document check 3. If
suspicion
remains,
inspection of ship
Compensation for loss
or
damage
if
unjustified Applicable
for official aircraft and
vessels (110 par. 4-5)

Boarding only by state

affected
by

ed
broadcastin
g (109)
Refusal to
show
flag
(110)

seizure of apparatus;
Prosecution by state with
jurisdiction for boarding

Illicit traffic
in narcotic
drugs (108)

All states must cooperate in repression;

Flag state may request cooperation
from
other
states in suspicious cases

undertaking (109 par.

3)
Boarding
only
by
warship
which
in
reality
has
same
nationality as boarded
ship
No boarding

HOT PURSUIT
General Principles (111)
1. By vessels or aircraft in government service
2. Clear visual or auditory signal to stop must be given. (The ship
giving the order need not be in the same zone as the foreign
ship)
3. Pursuit must not be interrupted
4. Right of hot pursuit ceases by reason of: Interruption; Vessel
reaching territorial sea of flag state or other state
5. It must begin in zone where vessel violated applicable CS law
Internal waters/Territorial sea at the latest in the territorial
sea
Violation of customs, fiscal, immigration and sanitary law (33)
applicable for continuous zone at the latest in contiguous
zone (also for EEZ & CS)
FISHERIES ON THE HIGH SEAS
Co-operation
Article 117 -As necessary for the conservation of living resources
Article 118 - In conservation and mgmt; Negotiations between
states where nationals exploit identical or diff. living resources in the
same area; Establish sub-regional or regional organizations
Article 119 par. 2 - Exchange data with states concerned
Articles 120; 65 - States together with international organizations
Article 64; Annex I - Between flag state and coastal state with
respect to highly migratory species
Conservation
Article 119 In establishing con-servation measures, states are to:

 Use the best scientific evidence

Consider relevant factors in maintaining and restoring populations of
stocks
Take due regard for developing countries
Take into account intl standard
Avoid serious threat to species
Exchange data and info
Avoid discrimination of fishermen
Articles 120; 65 - May restrict the exploitation of marine mammals
more strictly than provided by Convention
Article 63 par. 2 - States concerned are to seek, either directly or
through orgs., to agree upon measures necessary for conservation
of these stocks in the adjacent area (here: high seas)
Regime of Islands
Description
Island

Rock

Artificial
island,
installations
and
equipment

It may have
a
Naturally formed area of -Territorial Sea
land
(3)
Surrounded by water
-Contiguous
above high-tide mark
Zone (33)
Human
habitation
and -EEZ (56; 57)
-Continental
economic life is possible
Shelf (76)
Naturally formed area of
Territorial
Sea (3)
land
Surrounded by water
Contiguous
Above high-tide mark
Zone (33)
Cannot
maintain
human
habitation or economic life
on its own
Do not possess the status of
islands or rocks (11; 60 par.
8; 147 par. 2(e); 259)

Enclosed/Semi-Enc. Seas
Definition (122) A gulf, basin, or sea
Surrounded by two or more states
Connected to another sea or ocean by a narrow outlet OR
Consisting of zones of jurisdiction of two or more coastal states
Areas of Co-operation (123)
Management, conservation, exploration and exploitation of the
living resources (61 par. 2; 63-67)

Protection and preservation of the marine environment (193; 197201; 204-206)

Scientific research programs and joint scientific research (242-244;
246 par. 3)
Freedom of Transit: Right of Access of Land-Locked States
1. Land-locked State: a State with no sea-coast (124(a))
2. Transit State: a State, with or without a sea-coast, situated
between a land-locked State and the sea, through whose territory
traffic in transit passes (124(b))
3. Traffic in transit: transit of persons, baggage, goods and means of
transport across the territory of one or more transit States, when
the passage across such territory, with or without trans-shipment,
warehousing, breaking bulk or change in the mode of transport, is
only a portion of a complete journey which begins or terminates
within the territory of the land-locked State (124(c))
Right of Transit States
Can exercise full sovereignty over their territory (125 par. 3)
Rights of land-locked states are not to infringe in any way on the
legitimate interests of the transit states (supra)The terms and
modalities for exercising freedom of transit are to be agreed
between the states concerned through bilateral, subregional, and
regional agreements (125 par. 2)
Further regulations (124; 126-132)
Right of Land-locked States
Have the right of access to and from the sea for the purpose of
exercising their rights under the Convention (125 par. 1)
Enjoy freedom of transit (supra)
AREA General Principles and Provisions
1. Area means the sea-bed and ocean floor and subsoil thereof,
beyond the limits of national jurisdiction (1)
2. It starts where the jurisdiction of CS over the continental shelf
ends (76)
3. The Area and its resources are common heritage of mankind
(136)
4. All rights to its resources are vested in mankind as a whole (137)
5. The Area is to be open exclusively for peaceful purposes (141)
6. Activities are to be carried out for the benefit of mankind (140)
7. Developing countries are to be supported (140; 143; 144; 148)
8. Due regard is to be given to coastal state rights (142)
9. Historical finds can be preserved for the benefit of mankind (149)
AREA Specific Provisions
Intl Orgs and States

 No state is to claim sovereignty over Area and its resources (137)

States are to use the Area exclusively for peaceful purposes (141;
143; 147)
Conduct of states is to be in accordance with Convention and UN
Charter principles (138)
States are to ensure compliance with Convention (139)
Seabed Authority
The Authority is to
act for mankind as a whole
provide for an equitable sharing of financial and other benefits
require transfer of technology and knowledge to developing states
and assist them implement regulations for installations, protection
of human life and of marine environment
carry out marine scientific research XI
RESOURCES
Activity policy (150-151)
In General: Healthy devt of world economy Balances growth of
intl trade International co-operation
In Particular: Devt of resources and orderly, safe and rational
management Participation of all states in all opportunities
Support of developing countries Devt of common heritage
Production policy (151)
Principles of policy: Growth, efficiency, stability of mineral market;
Prices remunerative for producer; Prices fair for consumer
External policy of authority: Act through fora which include
producers and consumers; Participate in commodity conferences XI
Exploration/Exploitation (153)
The Authority is to: organize, carry out, and control activities; issue
rules, regulations, and procedures to this effect (Art. 17, Annex III)
Activities are to be carried out in accordance with a formal written
plan of work approved by the Council (162 par. 2(j)) and a
production authorization (151 par. 2; 165 par. 2(n)) by the Enterprise
(170; Annexes III & IV)
Periodic Review (154-155)
Periodic review every five years by Assembly to improve the
manner of practice of the regime of the Area
Review Conference fifteen years after beginning of commercial
production. The Conference is to develop the system and adopt
amendments by means of consensus (314) XI
INTERNATIONAL SEABED AUTHORITY

SEAT: Jamaica (156 par. 4)

OTHER LOCATIONS: Yes, for regional centers and offices (156 par.
5)
MEMBERS: All States Parties and those bodies which are entitled to
ratify or accede to the Convention (305-307
FUNDAMENTAL PRINCIPLES (157)
The Authority is the organ through which states parties administer
the resources of the Area. It has powers and functions expressed in
the Convention and any incidental powers consistent with the
Convention necessary for conduct of activities in the Area. It is
based on the sovereign equality of all members. All members are to
act in good faith XI
SEABED DISPUTES CHAMBER
Obligatory Jurisdiction
Non-Contractual Matters
Disputes between States Parties concerning Part XI, including
Annexes, 187(a), which can be submitted instead to: Special
chamber of the Tribunal (188 par. 1(a)); or Ad hoc chamber
(188 par 1(b))
Disputes between a State Party and Authority (187(b))
concerning alleged violation by State Party or Authority. Limit: No
jurisdiction with regard to Authority's discretionary power (189)
Contractual Matters
Disputes between States Parties, the Authority or the Enterprise,
state enterprise, and natural and judicial persons in cases of
omission, refusal, or liability affecting contractual relations
(187(c)(ii), (d), (e)) but not in disputes related to: Interpretation
or application of the contract or plan of work Financial terms of
contracts Transfer of technology
Such disputes shall be referred to binding commercial arbitration.
Other tasks
On submission of a commercial arbitral tribunal, decide any
question of interpretation of Part XI and Annexes (188 par. 2(b))
Advisory opinions at the request of the Assembly on conformity
of proposals before the Assembly with the Convention (159 par.
10)
Decisions on suspension of membership (185)
Advisory opinions at the request of the Assembly and Council on
legal questions (191)
MARINE ENVIRONMENT
General obligation States have the obligation to protect and
preserve the marine environment (192) and must incorporate

international law to various degrees. (See Legislation column in next

slide)
Particular obligations States are responsible and liable with
regard to their international obligations (235) States are to
cooperate on global and regional basis (197-201) States are to
monitor and report (204-206) States must not transfer hazard
(195-196) States must render assistance to developing states
(202) XII
VESSEL JURISDICTION
Coastal State is sovereign in the territorial sea (2) has
jurisdiction in marine environment matters (56 par. 1(b)(iii); 192)
deals with emergencies and safety of operation of vessels (194 par.
3(b)), but not for construction, etc. (21 par. 2)
Flag State in general, has jurisdiction and control in
administrative, technical, and social matters (94 par. 1) takes
pollution measures for emergencies, design, etc. (194 par. 3(b))
must adopt pollution regulations which have at least the same effect
as that of international rules (211 par. 2)
High
Seas
EEZ

Territorial
sea

Archipel.
waters
Straits

Coastal State
Port State Enforcement (218)
May adopt laws, giving effect
to
generally
accepted
international
rules
and
standards (211(5)) May adopt
mandatory
measures
for
clearly defined areas (211(6);
234)
May in the exercise of its
sovereignty adopt laws which
do
not
hamper
innocent
passage (211(4); 21(1)(f))
Not with respect to design,
construction, etc. (21(2))
Sea lane passage (53-54;
42(1)(b))
are to give effect to
international
pollution
regulations regarding discharge

Flag State
Exclusive Jurisdiction
(92(1))
Exclusive jurisdiction
(58;
8794)
if
compatible
with
other provisions of
the
Convention
(228)
Can
physically
enforce its general
jurisdiction through
CS
only
(with
respect to Innocent
passage (27 par.
1(c))

Archipel.
Sea
Lanes

Inland
waters,
ports

(42 par. 1(b)) further pollution

regulations
by
special
agreements (43 par. (b)) as Art.
207- 232 not applicable (233)
are to give effect to
international
pollution
regulations regarding discharge
(42 par. 1(b); 54
These waters are not subject to
the Convention

ENFORCEMENT
General Concept
Coastal State
General
Promptly notify flag state
of any measures taken and
submit reports (231)
Minimum
standards
of
proceedings
(223)

Enforcement by officials
only (224) Safety of
navigation must not be
endangered (225) May
not discriminate foreign
vessel (227) Liability for
unlawful measures (232;
304) Release of detained
vessels
on
appropriate
security (220(7), 226(l)(b))
Info
Vessels navigating in TS or
EEZ which have possibly
committed violation in EEZ
must provide information
(220(3))
Physical
inspectio
n

(Examination of certificates
only. For more extensive
inspection, see 226(l)(a))
Vessels navigating in TS

Flag State
Ensure compliance of
vessels with intl law
(217) Must be informed
(in cases of proceedings
from matters in territorial
sea) and given official
reports (218-220; 231)
Must
exercise
penal
jurisdiction and institute
investigations (217(4-8))

Must ensure that vessels

give required information
(220(4))

Investig.
by port
state
Proceedings

Detentio
n

Penalties

Maritime
casualtie

(220(2))

Vessels
navigating in TS or EEZ and
substantial discharge in
EEZ and refusal to give
information
or
case
justifies inspection (220(5))
Vessel voluntarily in port
and discharge on high seas
(elsewhere, on request)
(218(3))
For possible violation by
vessels voluntarily in port
violation in TS and EEZ of
law in accordance with
Conv. (220(1)) discharge
on high seas and evidence
to warrant proceedings
(218(1)) or on request
(218(2))

Vessel
navigating in TS/EEZ and
major damage/threat of
such in EEZ (220(6))

Vessel navigating in TS
and evidence so warrants
Navigating in TS or EEZ
and major damage/threat
of such in EEZ (220(6))
Violation
affecting
the
seaworthiness of vessel
(219; 226(1)(c))
Only monetary penalties
can be imposed (230)
except in cases of wilful
and serious act of pollution
in TS (230(2))
Take measures (221)

Records
(218(4))

on

request

Suspension (228) If
violation
beyond
TS,
proceedings
to
be
suspended if FS institutes
proceedings unless e.g.
major damage in EEZ
Vessel navigating in TS
and evidence to warrant
proceedings (220(2))
Port state proceedings
(218) to be suspended on
request of affected CS
(218(4); subj. to 228)
Right
of
attendance
(223)
Release of its vessels
subj. to bonding/other
security
(226(1)(b-c);
220(7);
292)

Be
promptly notified upon
conditional or refusal
(226(1)(c); 231)
Suspension in case of
violation beyond TS (see:
Proceedings) (228)

PORT STATE ENFORCEMENT

1st Condition: Vessel must be voluntarily in port
2nd Condition: There must be a violation of applicable intl rules and
standards established through the competent intl org. or diplomatic
conference
Location
of Location
of Basis
for Suspensi
Violation
Damage
or Institution
of on
Threat of the Action
Same
Any place
Any place
Request of flag (228)
state
High Seas

Rights of port
state
Internal waters, Affecting
the Rights of port
TS or EEZ of internal waters, state
foreign state
TS or EEZ of PS
Internal waters, In
internal Request
of (218(4);
TS, or EEZ of waters, TS, or affected
or 228)
any state
EEZ of another threatened state
state
Internal waters,
Request of state
TS or EEZ of a
where violation
state
occurred
COASTAL STATE ENFORCEMENT
Locatio
Violat
Applicable
n of
ed in
Law
Vessel
Voluntaril TS/EEZ CS laws and
y in port
regulations in
(220(1))
accordance
TS
TS
with
the
(220(2))
Convention
(21(2)(f);
211(4-7); 234)
or
applicable
international
rules/standard
s

Type of
charge or
facts
Any
violation

Measures

Proceedings

Clear
Physical
grounds for
inspection
belief, but
(226(l)(a))
Proceeding
w/o
prejudice to Detention
right
of
innocent
passage
AND where

TS/EEZ
(220(3))

EEZ

TS/EEZ
(220(5))

EEZ

TS/EEZ
(220(6))

TS/EEZ
(220(8))

Intl
rules/standard
s (or national
law conforming
with or giving
effect to)
Intl rules and
standards (As
above)

EEZ

EEZ
(clearly
defined

National
law
giving effect to
generally

evidence so
warrants
Clear
grounds for
belief

Clear
grounds for
belief
and
substantial
discharge
causing or
threatening
significant
pollution
and vessel
has refused
to give info
or supplied
obviously
incorrect
Clear
objective
evidence
and
discharge is
causing or
threatening
major
damage to
coastline or
resources of
TS/EEZ AND
evidence so
warrants
Applicable
in cases of
220(3-6)

area)
Give info as
listed
in
220(3)

Physical
inspection
(Further
physical
inspection
(226(l)
(a))info

Proceedings
Detention
(Release:
220(7))

Measures
accordingly
(220(3-6))

accepted rules
(211(5))

accordingly

MARINE SCIENTIFIC RESEARCH

General Provisions
All states and competent intl orgs may conduct research (238)
Research may be conducted for peaceful purposes only (240(a))
Flow of knowledge must be promoted (244(2))
Installations or equipment in the marine environment (258-262)
Responsibility, liability (263; 304)
Specific Provisions
High Seas open to all (238; 87)
Area and water column beyond EEZ open to all (256; 143; 87)
EEZ and continental shelf (246- 255) CS has right to regulate,
authorize and conduct research, limited by 246(6-7) and 257
Territorial sea: CS has exclusive right to regulate, authorize and
conduct research (245)
Rights/ Duties of CS
- Right to regulate, authorize, and conduct research (246(1))
- Obligated to adopt reasonable rules to facilitate research (255)
- Do not have to accept compulsory dispute settlement in matters
of Art. 246 and 253 (297 par. 2)
- Suspension of specific project conciliation (297 par. 2(b); 265)
- Resp. for installation (60; 80; 258-262)
Application and Conditions
- Provide information (248)
- Comply with conditions (249)
- Implied consent of CS if no objections within 4 months (252)
- Suspension (253)
- CS is to make arrangement for participation by neighboring landlocked or geographically disadvantaged state upon request (254
par. 3)
DISPUTE SETTLEMENT
Fora for Disputes not related to judgments involving
interpretation of the Convention
1. Special Arbitration, Annex VIII, Art. 5, Fact-Finding
2. Conciliation Procedure, Annex V, Sec. 1 pursuant to Part XI, Sec.
1, Settlement of Disputes (General Provisions)
3. Binding Commercial Arbitration
- Interpretation of contracts and plan of work. Art. 188 par. 2(a)
- Financial terms. Annex III, Art. 13, Para. 15

Financial terms of technology transfer. Annex III Art. 5, Para. 4

XV

Choice between one or more fora in cases of Compulsory

Proceedings
States Parties are free to choose among the fora for the settlement
of disputes concerning the interpretation or applicability of the
Convention (for limited tribunal jurisdiction on matters (a) sovereign
rights of coastal states; (b) military; (c) boundaries; (d) Security
Council, see 297-298)
1. International Court of Justice
2. Arbitration (Annex VII)
3. International Tribunal for the Law of the Sea (Annex VI)
4. Special Arbitration (Annex VII) regarding Fisheries, Environment,
Scientific Research, Navigation XV
Compulsory Fora
Sea-Bed Disputes Chamber (Annex VI, Art. 3)
- Compulsory (287 par. 2); Jurisdiction (288 par. 3); Activities in
the Area (187)
Ad Hoc Chamber of the Sea-Bed Disputes Chamber (Annex VI, Art.
36)
- May be formed at the request of States Parties (188) with
respect to seabed activities (187)
Conciliation Procedures (Annex V, Sec. 2, Art. 11-14)
- Compulsory (Annex V, Section 2); On matters stated in Part
XV, Sec. 3
- 297 par. 2 (Certain matters of marine scientific research)
- 297 par. 3 (Certain matters of fisheries) XV
GENERAL PROVISIONS
1. Good faith and abuse of rights (300) Every party to an
agreement has to recognize and to fulfil the obligations of the
contract in good faith.
2. Peaceful uses of the sea (301) It is the obligation of the states
parties to refrain from any threat or use of force against the
territorial integrity or potential independence of any state
3. Disclosure of information (302) No state party may be obliged,
in the fulfillment of its obligations under the Convention, to
disclose any information which is contrary to the essential
interests of the state party.
4. Archeological and historical objects found at sea (303) It is the
duty of all states to protect such objects and to co-operate for
this purpose.

5. Responsibility and liability for damage at sea (304) The

provisions of the Convention concerning responsibility and
liability cannot be used to subvert or hinder the application of
existing rules or development of further rules regarding
responsibility and liability under international law.
FINAL PROVISIONS
Applicability of Convention
Signature
In principle NONE but the high
(305) Open number of signatures (159)
until
has a significant effect on
12/9/1984
customary law

Ratification
(306)
Accession
(307)
The UN
Sec.- Gen. is
the
Depository
Reservations
(309)
Declarations
(310)
Other
Conventions
(311)
Denunciation
(317)

Amendments
(312-316)

Until deposit of the 60th

instrument, same as above

Convention enters into force

12 months after deposit of
the 60th instrument (308)
Possible only when expressly
permitted by other articles of
the Convention
Permitted as long as applicability of Conv. is not affected
Principles
of
Convention,
including common heritage
of mankind, may not be
suspended
Possible at any time, goes
into effect at earliest 1 year
after date of notification

Upon request of a State

Party Entry into force 30
days after ratif. by 2/3 of

Effect on States
A state which has
signed
must
refrain from acts
which
are
contrary to the
Convention (VCLT,
Art. 8)
Ratification
can
have
an
immediate effect
on natl law
The
Convention
becomes
international law
and is applicable
law
among
all
states parties

Prevails over 1958

Conventions
on
Law of the Sea
State must fulfil
obligations of the
Conv. to which it
would be subject
under intl law
(317)
Amendments
adopted open for
signature for 12

States
Parties
or
60,
whichever is greater (nonArea-related: 316 par. 1)
Entry into force 1 year after

months
(315)
Effect, see above
Authentic
texts (320)

ratif. by 3/4 of States Parties

(Area-related: 316 par. 5)
The Arabic, Chinese, English, French, Russian, and
Spanish texts are equally authentic