UNCLOS Presentation

UNCLOS
The
United Nations Convention on the Law of the S
ea
(UNCLOS) is an international treaty which
was adopted and signed in 1982. It replaced the
four Geneva Conventions of April, 1958, which
respectively concerned the territorial sea and
the contiguous zone, the continental shelf, the
high seas, fishing and conservation of living
resources on the high seas.
The United Nations Convention on the Law of
the Sea (UNCLOS) was adopted in 1982 in
Montego Bay, Jamaica and entered into force
on 16 November 1994. UNCLOS provides a
comprehensive legal framework governing all
activities and uses of the world's seas and
oceans. The Convention establishes general
obligations for safeguarding the marine
environment and protecting freedom of
scientific research on the high seas.
It defines the limits of territorial seas of countries
from which they can explore and exploit marine
resources. These are called Exclusive Economic
Zones (EEZ) and they are known as an innovation
introduced by UNCLOS. The EEZ is an area beyond
and adjacent to the territorial sea: it can extend to a
maximum 200 nautical miles from the baselines.
Within the EEZ, a coastal State enjoys sovereign
rights over its natural resources. It can exercise its
jurisdiction over certain activities for the purpose,
among others, of protecting the environment, but it is
also obliged to respect the rights of other States
(UNCLOS as cited by the IUCN). The Philippines is
the 11th country that ratified UNCLOS.
The Convention has created three new
institutions on the international scene:
International Tribunal for the Law of the

Sea (ITLOS)
This was established on 10 December

1982 as a judicial body that adjudicates
disputes related to the Convention.
International Seabed Authority (ISA)
This was established on 16 November 1994 as

an autonomous organization under UNCLOS
that regulates mineral resources exploration
and exploitation in deep seabed areas beyond
national jurisdiction called the "Area." The
resources are administered under the principle
that these are part of the common heritage of
mankind.
Commission on the Limits of the
Continental Shelf (CLCS)
This was established in 1997 is an

institution that defines and sets the
limits of the different maritime zones
and provides scientific and technical
advice to Coastal States submitting
their claims.
Objectives of the UNCLOS
1.To promote the peaceful use of the seas and oceans;
2.To facilitate International Communications;
3.To enable equitable and efficient utilisation of ocean

resources;
4.To protect and preserve the marine environment;
5.To promote Maritime safety.

Baseline
As otherwise provided in the UNCLOS

convention, the normal baseline for
measuring the breadth of the territorial
sea is the low-water line along the coast
as marked on large-scale charts officially
recognized by the coastal State.
The Territorial Sea
 The outer limit of the territorial sea is the line every
point of which is at a distance from the baseline equal
to the breadth of the territorial sea.
 Where the coasts of two States are opposite or
adjacent to each other, neither of the two States is

entitled, failing agreement between them to the
contrary, to extend its territorial sea beyond the
median line every point of which is equidistant from
the nearest points on the baselines from which the
breadth of the territorial seas of each of the two States
is measured.
Features of Territorial Sea
 The foreign flag would have a right to innocent passage through
the territorial waters.
 An innocent passage can be suspended temporarily in specified
areas for the coastal States security or to conduct a weapon
exercise.
 Criminal jurisdiction can be exercised by the coastal state on
foreign flag vessels in a territorial sea.
 Civil jurisdiction can only be exercised if the vessel is passing
through the territorial sea after leaving the internal waters.
 Transit passage is allowed for Ship through the state.
 States may enact legislation concerning the safety of navigation,
pollution prevention, uncontrolled fishing activities, customs,
immigration, health and sanitary arrangements.
Contiguous zone
 Contiguous zone generally extends 12 nautical

miles beyond the territorial sea limit. It
consists of a combination of Revenue and
Public health or Quarantine jurisdiction.
 The coastal state can prejudice a foreign flag
vessel beyond the territorial see if there are

reasonable grounds for assuming they are
about to violate Customs or Public Health
Regulations
Exclusive economic zone (EEZ)
The exclusive economic zone shall

not extend beyond 200 nautical miles
from the baselines from which the
breadth of the territorial sea is
measured.
Sovereign rights for the purpose of
exploring and exploiting, conserving and
managing the natural resources, whether
living or non-living, of the waters
superjacent to the seabed and of the
seabed and its subsoil, and with regard to
other activities for the economic
exploitation and exploration of the zone,
such as the production of energy from the
water, currents and winds;
 Jurisdiction
as provided for in the relevant
provisions of this Convention with regard to:
◦ the establishment and use of artificial islands,
installations and structures;
◦ marine scientific research;
◦ the protection and preservation of the marine
environment;
 The coastal state may extend their jurisdiction
if necessary to ensure compliance with laws
and regulations adopted by it.
In an Exclusive Economic Zone, the
coastal state has the following rights:
 Sovereign rights for the purpose of exploring
and exploiting, conserving and managing the
natural resources, whether living or non-living,
of the waters superjacent to the seabed and of the
seabed and its subsoil, and with regard to other
activities for the economic exploitation and
exploration of the zone, such as the production
of energy from the water, currents and winds.
 Can enact regulations on pollution and
environmental protection.
Has exclusive right to construct
artificial islands and security
zones.
Has exclusive right to fishing and
development of fish farms.

Can conduct scientific research
and marine exploration.

The obligation of vessels in an
exclusive economic zone:
 Freedom of navigation as in high seas.
 Lay submarine cable/pipeline that is passing
through EEZ.
 Observe Pollution regulations as per the
coastal state regulations.

 Fishing gear if carried must be stored/secured
condition. No fishing allowed.

 Respect and comply with the security zones of
the offshore installations, artificial islands of

the coastal state.
Continental Shelf
In the Continental Shelf, the coastal State can:

 Exercises over the continental shelf sovereign rights for the
purpose of exploring it and exploiting its natural resources.

 If the coastal State does not explore the continental shelf or
exploit its natural resources, no one may undertake these

activities without the express consent of the coastal State.
 The rights of the coastal State over the continental shelf do
not depend on occupation, effective or notional, or on any

express proclamation.
 All states are entitled to lay Submarine Cables and pipelines
on the continental shelf. Coastal states may not impede the

laying or maintenance of such cables or pipelines.
Piracy as per UNCLOS
PIRACY- defined as any illegal acts of violence

or detention, or any act of depredation
committed for private ends by the crew or the
passengers of a private ship or a private
aircraft and directed:
 On the high seas, against another ship or
aircraft, or against persons or property on

board such ship or aircraft;
 Against a ship, aircraft, persons or property in
a place outside the jurisdiction of any State;

Right of Hot Pursuit
The hot pursuit of a foreign ship

may be undertaken when the
competent authorities of the coastal
State have good reason to believe
that the ship has violated the laws
and regulations of that State.
 Such pursuit must be commenced when the
foreign ship or one of its boats is within the
internal waters, the archipelagic waters, the
territorial sea or the contiguous zone of the
pursuing State, and may only be continued
outside the territorial sea or the contiguous
zone if the pursuit has not been interrupted. It
is not necessary that, at the time when the
foreign ship within the territorial sea or the
contiguous zone receives the order to stop, the
ship giving the order should likewise be within
the territorial sea or the contiguous zone.
If the foreign ship is within a
contiguous zone, the pursuit may
only be undertaken if there has been
a violation of the rights for the
protection of which the zone was
established.
 The right of hot pursuit shall apply
mutatis mutandis to violations in the exclusive
economic zone or on the continental shelf,
including safety zones around continental
shelf installations, of the laws and regulations
of the coastal State applicable in accordance
with this Convention to the exclusive
economic zone or the continental shelf,
including such safety zones.
 The right of hot pursuit ceases as soon as the
ship pursued enters the territorial sea of its

own State or of a third State.

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UNCLOS

International Tribunal for the Law of the

This was established on 10 December

This was established on 16 November 1994 as

This was established in 1997 is an

2.To facilitate International Communications;

3.To enable equitable and efficient utilisation of ocean

4.To protect and preserve the marine environment;

5.To promote Maritime safety.

As otherwise provided in the UNCLOS

adjacent to each other, neither of the two States is

 Contiguous zone generally extends 12 nautical

vessel beyond the territorial see if there are

The exclusive economic zone shall

development of fish farms.

and marine exploration.

coastal state regulations.

condition. No fishing allowed.

the offshore installations, artificial islands of

In the Continental Shelf, the coastal State can:

purpose of exploring it and exploiting its natural resources.

exploit its natural resources, no one may undertake these

not depend on occupation, effective or notional, or on any

on the continental shelf. Coastal states may not impede the

PIRACY- defined as any illegal acts of violence

aircraft, or against persons or property on

a place outside the jurisdiction of any State;

The hot pursuit of a foreign ship

ship pursued enters the territorial sea of its

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