Encyclopedia > Convention on the Territorial Sea and Contiguous Zone
The term United Nations Convention on Law of the Sea (UNCLOS, also called simply the Law of the Sea or LOS) refers to several United Nations events and one treaty. The events the term refers to are the (First) United Nations Convention on Law of the Sea, the Second United Nations Convention on Law of the Sea, and the Third United Nations Convention on Law of the Sea. The treaty resulting from the Third United Nations Convention on Law of the Sea also bears the name United Nations Convention on Law of the Sea and is the most recent major development in international law governing the oceans. The treaty provided new universal legal controls for the management of marine natural resources and the control of pollution. Its Secretariat resides within the United Nations Division for Ocean Affairs and the Law of the Sea. From http://www. ...
John Hancocks signature on the United States Declaration of Independence A signature is a usually stylized version of someones name written on documents as a proof of identity and will, like a seal, but handwritten. ...
Coming into force refers to the date on which a legislation, or part of legislation, becomes a law. ...
Jump to: navigation, search November 16 is the 320th day of the year (321st in leap years) in the Gregorian Calendar, with 45 days remaining. ...
1994 was a common year starting on Saturday of the Gregorian calendar, and was designated the International year of the Family. ...
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. ...
The United Nations, or UN, is an international organization established in 1945. ...
A treaty is a binding agreement under international law concluded by subjects of international law, namely states and international organizations. ...
International law, deals with the relationships between states, or between persons or entities in different states. ...
Ocean (from Okeanos, a Greek god of sea and water; Greek ÏκεανÏÏ) covers almost three quarters (71%) of the surface of the Earth, and nearly half of the worlds marine waters are over 3000 m deep. ...
Pollution is the release of harmful environmental contaminants, or the substances so released. ...
Historical background
The LOS was needed due to the weakness of the older 'freedom of the seas' concept, dating from the 17th century: national rights were limited to a specified belt of water extending from a nation's coastlines, usually three nautical miles (6 km), from the 'cannon shot' rule. All water beyond national boundaries was considered international waters- free to all nations but belonging to none of them. (16th century - 17th century - 18th century - more centuries) As a means of recording the passage of time, the 17th century was that century which lasted from 1601-1700. ...
A nautical mile is a unit of length. ...
A small cast-iron cannon on a carriage A cannon is any large tubular firearm designed to fire a heavy projectile over a considerable distance. ...
The terms international waters or transboundary waters apply where any of the following types of bodies of water (or their drainage basins) transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries, rivers, lakes, groundwater systems (aquifers), and wetlands [1]. Oceans and seas, waters outside...
Into the 20th century many nations expressed a need to extend national claims: to include mineral resources, to protect fish stocks and to have the means to enforce pollution controls. This was recognized by the League of Nations and a conference was held in 1930 at The Hague, but did not result in any agreements. The first nation to undermine the 'freedom of the seas' was the United States, when in 1945 President Truman unilaterally extended his nation's control to cover all the natural resources of their continental shelf. Other nations were quick to emulate the USA. Between 1946 and 1950, Argentina, Chile, Peru and Ecuador all extended their sovereign rights to a 200 nautical mile (370 km) distance - so as to cover their Humboldt Current fishing grounds. Other nations extended their territorial seas to 12 nautical miles (22 km). By 1967 only 25 nations still used the old 3 nautical mile (6 km) limit, 66 nations had set a 12 nautical mile (22 km) territorial limit, and eight had set a 200 nautical mile (370 km) limit. (19th century - 20th century - 21st century - more centuries) Decades: 1900s 1910s 1920s 1930s 1940s 1950s 1960s 1970s 1980s 1990s As a means of recording the passage of time, the 20th century was that century which lasted from 1901–2000 in the sense of the Gregorian calendar (1900–1999 in the...
This article is about minerals in the geologic sense; for nutrient minerals see dietary mineral; for the band see Mineral (band). ...
1945 was a common year starting on Monday (link will take you to calendar). ...
Harry S. Truman (May 8, 1884 â December 26, 1972) was the thirty-fourth Vice President (1945) and the thirty-third President of the United States (1945â53), succeeding to the office upon the death of Franklin D. Roosevelt. ...
The continental shelf is the extended perimeter of each continent, which is covered during interglacial periods such as the current epoch by relatively shallow seas (known as shelf seas) and gulfs. ...
1946 was a common year starting on Tuesday. ...
1950 was a common year starting on Sunday (link will take you to calendar). ...
The Humboldt Current (or Peru Current) is a cold ocean current that flows northward off the west coast of South America. ...
The (First) United Nations Conference on Law of the Sea (UNCLOS I) In 1956, the United Nations held its first Conference on the Law of the Sea (“UNCLOS I”) at Geneva, Switzerland. UNCLOS I resulted in four treaties concluded in 1958: - Convention on the Territorial Sea and Contiguous Zone [3], entry into force: 10 September 1964
- Convention on the Continental Shelf [4], entry into force: 10 June 1964
- Convention on the High Seas [5], entry into force: 30 September 1962
- Convention on Fishing and Conservation of Living Resources of the High Seas [6], entry into force: 20 March 1966
Although UNCLOS I was considered a success, it left open the important issue of breadth of territorial waters.
The Second United Nations Conference on Law of the Sea (UNCLOS II) The United Nations followed this in 1960 with its second Convention on the Law of the Sea (“UNCLOS II”). UNCLOS II did not result in any international agreements.
The Third United Nations Conference on Law of the Sea (UNCLOS III) The issue of varying claims of territorial waters was raised in the UN in 1967 by Arvid Pardo and in 1973 the Third United Nations Conference on the Law of the Sea was convened in New York to write a new treaty covering the oceans. The convention lasted until 1982 and over 160 nations participated. The convention was conducted under a process of consensus rather than majority vote in an attempt to reduce the possibility of groups of nation-states dominating the negotiations. The convention came into force on November 14, 1994, one year after the sixtieth state, Guyana, signed it. 1967 was a common year starting on Sunday of the Gregorian calendar. ...
1973 was a common year starting on Monday. ...
State nickname: Empire State Other U.S. States Capital Albany Largest city New York City Governor George Pataki (R) Senators Charles Schumer (D) Hillary Rodham Clinton (D) Official languages None (English is de facto) Area 141,205 km² (27th) - Land 122,409 km² - Water 18,795 km² (13. ...
1982 is a common year starting on Friday of the Gregorian calendar. ...
November 14 is the 318th day of the year (319th in leap years) in the Gregorian Calendar, with 47 days remaining. ...
1994 was a common year starting on Saturday of the Gregorian calendar, and was designated the International year of the Family. ...
The convention introduced a number of provisions. The most significant issues covered were setting limits, navigation, archipelagic status and transit regimes, exclusive economic zones (EEZ), continental shelf jurisdiction, deep seabed mining, the exploitation regime, protection of the marine environment, scientific research, and settlement of disputes. In international maritime law, an exclusive economic zone (EEZ) is a seazone extending from a states coast over which the state has special rights over the exploration and use of marine resources. ...
The convention set the limit of territorial waters to 12 nautical miles (22 km), in which area the coastal state is free to set laws, regulate any use, and use any resource. Vessels were given the right of "innocent passage" through any territorial waters, with strategic straits allowing the passage of military craft as "transit passage", in that naval vessels are allowed to maintain postures that would be illegal in territorial waters. Beyond the 12 nautical mile (22 km) limit there was a further 12 nautical mile (22 km) or 24 nautical miles (44 km) from the territorial sea baselines limit, the "contiguous zone", in which area a state could continue to enforce laws regarding activities such as smuggling or illegal immigration. These lollipops, above, were found to contain heroin when inspected by the DEA. Smuggling is illegal transport, in particular across a border. ...
The exclusive economic zones (EEZ) extended the exploitation rights of coastal nations to 200 nautical miles (370 km) from shore, covering all natural resources. The EEZ were introduced to halt the increasingly heated clashes over fishing rights, although oil was also becoming important. The success of an offshore oil platform in the Gulf of Mexico in 1947 was soon repeated elsewhere in the world, by 1970 it was technically feasible to operate in waters 4000 metres deep. Fishing is the activity of hunting for fish. ...
Oil is a generic term for organic liquids that are not miscible with water. ...
An oil platform is a large structure used to house workers and machinery needed to drill and then produce oil and natural gas in the ocean. ...
Gulf of Mexico. ...
1970 was a common year starting on Thursday. ...
The convention set the definition of Archipelagic States in Part IV, which also define how the state can draw its teritorial borders. A baseline is drawn between the outermost points of the outermost islands. All waters inside this baseline is described as Archipelagic Waters and are included as part of the state's territory. This baseline is also used to chart its territorial waters 12 nautical miles (22 km) from the baseline and EEZ 200 nautical miles (370 km) from the baseline. Aside from its provisions defining ocean boundaries, the convention establishes general obligations for safeguarding the marine environment and protecting freedom of scientific research on the high seas, and also creates an innovative legal regime for controlling mineral resource exploitation in deep seabed areas beyond national jurisdiction, through an International Seabed Authority. The International Seabed Authority is an intergovernmental body established to organize and control all mineral-related activities in the international seabed area beyond the limits of national jurisdiction, an area underlying most of the world’s oceans. ...
Landlocked states are given a right of access to and from the sea, without taxation of traffic through transit states. A landlocked country is one that has no coastline. ...
Criticism Libertarians criticize the treaty for creating a tragedy of the commons by designating oceanic resources as the "common heritage of mankind" – essentially public property – instead of privatizing the seabed. According to economic theories promoted by the Property and Environment Research Center and other free market environmentalists, privatization would create incentives for preservation by giving owners an economic interest in protecting the long-term value of their property. If long-term tuna fishing rights were auctioned off, for instance, the owner would have an incentive not to overfish, since depleting the population would lessen returns in future years. This article deals with the libertarianism as defined in America and several other nations. ...
The tragedy of the commons is a metaphor used to illustrate the conflict for resources between individual interests and the common good. ...
The Property and Environment Research Center, or PERC, is a Montana-based free market environmentalist think tank. ...
Free market environmentalism is an ideology that argues the free market is the best tool to preserve the health and sustainability of the environment. ...
Species Thunnus alalunga Thunnus albacares Thunnus atlanticus Thunnus maccoyii Thunnus obesus Thunnus orientalis Thunnus thynnus Thunnus tonggol Tuna are several species of ocean-dwelling fish in the family Scombridae, mostly in the genus Thunnus. ...
Among some conservatives in the United States the treaty is considered antithetical to U.S. national interests. A small group of Republican senators, led by Jim Inhofe of land-locked Oklahoma, has blocked American ratification of the treaty, claiming that it would impinge upon U.S. sovereignty. The Bush administration and the Pentagon favor ratification. This article has been constructed by moving sections of the Conservatism article related to the United States and Canada. ...
James Mountain Inhofe, usually known as Jim Inhofe (born November 17, 1934) is an American politician from Oklahoma. ...
Oklahoma is a South Central state of the United States (with strong Southern, Western, and Midwestern influences) and its U.S. postal abbreviation is OK; others abbreviate the states name Okla. ...
Jump to: navigation, search The Bush administration is a group of people that includes President George W. Bush, Vice President Dick Cheney, Bushs Cabinet, and other select officials and advisors. ...
The United States Department of Defense, abbreviated as DoD or DOD and sometimes called the Defense Department is a civilian Cabinet organization of the United States government. ...
Signature and ratification Opened for signature - December 10, 1982 December 10 is the 344th day (345th in leap years) of the year in the Gregorian calendar. ...
1982 is a common year starting on Friday of the Gregorian calendar. ...
Entered into force - November 16, 1994 Jump to: navigation, search November 16 is the 320th day of the year (321st in leap years) in the Gregorian Calendar, with 45 days remaining. ...
1994 was a common year starting on Saturday of the Gregorian calendar, and was designated the International year of the Family. ...
Parties - (149) Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, The Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei, Bulgaria, Burkina Faso, Burma, Cameroon, Canada, Cape Verde, Chile, People's Republic of China, Comoros, Democratic Republic of the Congo, Cook Islands, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Djibouti, Dominica, Egypt, Equatorial Guinea, Estonia, European Union, Fiji, Finland, France, Gabon, The Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kiribati, South Korea, Kuwait, Laos, Latvia, Lebanon, Lithuania, Luxembourg, Macedonia, Madagascar, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Federated States of Micronesia, Monaco, Mongolia, Mozambique, Namibia, Nauru, Nepal, Netherlands, New Zealand, Nicaragua, Nigeria, Norway, Oman, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Philippines, Poland, Portugal, Qatar, Romania, Russia, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, São Tomé and Príncipe, Saudi Arabia, Senegal, Serbia and Montenegro, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Tanzania, Togo, Tonga, Trinidad and Tobago, Tunisia, Tuvalu, Uganda, Ukraine, United Kingdom, Uruguay, Vanuatu, Vietnam, Yemen, Zambia, Zimbabwe Countries that have signed, but not yet ratified - (28) Afghanistan, Belarus, Bhutan, Burundi, Cambodia, Central African Republic, Chad, Colombia, Republic of the Congo, Dominican Republic, El Salvador, Ethiopia, Iran, North Korea, Lesotho, Liberia, Libya, Liechtenstein, Malawi, Morocco, Niger, Niue, Rwanda, Swaziland, Switzerland, Thailand, United Arab Emirates
External Links - Text of the treaty
- List of countries that have ratified Law of the Sea conventions
- United Nations Division for Ocean Affairs and the Law of the Sea
- UNEP Shelf Programme, UN organisation set up to assist States in delineating their continental shelf beyond 200 nautical miles (370 km)
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