United Nations Convention on the Law of the Sea
The Law of the Sea United Nations UNCLOS (English " United Nations Convention on the Law of the Sea ," UNCLOS) is an international agreement for the regulation of international maritime law. It was on 10 December 1982 in Montego Bay (Jamaica ) is closed and became effective on November 16, 1994, one year after the deposit of the 60th instrument of ratification, in force. The agreement is also known as ' UNCLOS III'. Convention does not only agreement, but also meeting. The Council, meeting in 1982 in Montego Bay conference was the third of its kind; conferences previously also referred to as ' UNCLOS I' and ' II UNCLOS '.
The Convention incorporates the previously existing, codified in the Geneva Law of the Sea seas conventions together, defines the previously controversial breadth of the territorial sea and its contiguous zone and continues to develop the rules on the continental shelf. It introduces a new exclusive economic zone with special rights of coastal States, an international regime of the seabed and its subsoil beyond the limits of the continental shelf and the archipelagic waters. In addition, the protection and preservation of the marine environment, marine scientific research and the development and transfer of marine technology to be regulated. Here, the Convention is based beside the older principle of freedom of the seas on the newly introduced principle of the common heritage of mankind.
The Convention, several international institutions have been established:
- International Tribunal for the Law, headquartered in Hamburg
- International Seabed Authority based in Kingston
- Commission on the Limits of the Continental Shelf, convening in general in New York
Party to the Convention so far two supplementary agreements have been agreed:
- Convention of 28 July 1994 on the Implementation of Part XI of the United Nations Convention of 10 December 1982
- Convention of 4 December 1995 on the implementation of the provisions of the United Nations Convention of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks
History
A contractual provision of international maritime law was necessary because some states the old common law rule from the 17th century, which limits the national coastal waters to a width of three nautical miles ( 6 km ), no longer recognized. The seaward areas beyond the coastal waters were then referred to as " international waters ".
Some states claimed an extended zone to protect fish stocks or exploit resources in the area. At the first conference in the Netherlands The Hague in the 1930s to 47 countries discussed, but could not agree on a proposal. The United States under President Truman extended their zone of 1945 to the continental shelf. Between 1946 and 1950, Argentina, Chile, Peru and Ecuador extended their coastal waters to 200 miles. Other nations extended their strip of sea to twelve nautical miles. By 1967 only three countries retained the old three-mile limit, 66 claimed a twelve- mile wide strip of sea and eight states a 200 mile -wide strip.
UNCLOS I, the first of three conferences to clarify outstanding law of the sea issues, was held with negotiators from 86 countries in Geneva, Switzerland in 1956. The conference led in 1958 to four contracts, referred to as the Geneva seas conventions. UNCLOS II in 1960, on which the previously open question of the breadth of the territorial sea should be clarified, in particular, remained without result. UNCLOS III was opened in New York in 1973 and found only upon signature of UNCLOS on 10 December 1982 its conclusion; total, more than 160 States participated in the negotiations.
Parties
- Ratified
- Signed but not yet ratified
- Unsigned
Among the States that are not parties to the Convention, include the United States or Turkey; apply to them as before the Geneva seas conventions of 1958 and other customary international law rules of maritime law.
Participation of international organizations
UNCLOS includes not only the participation of States expressly for the possibility of the participation of international organizations. This possibility has been tailored to the European Community, which has also made use thereof. Since the provisions of the Convention extend to matters which have partially transferred the Member States of EC to this, both the EC and the Member States have acted respectively without treaty-making powers; UNCLOS is to that extent also referred to as "mixed agreement".