United Nations Convention on the Law of the Sea (UNCLOS)

        

    The United Nations Convention on the Law of the Sea (UNCLOS) of 1982, commonly referred to as the 'Law of the Sea,' is a pivotal international treaty signed in 1982 and formally adopted in 1994. This landmark agreement establishes the essential legal framework governing marine and maritime operations worldwide. Serving as the sole international accord addressing state authority in maritime regions, UNCLOS designates specific maritime zones, each with distinct legal status. Acting as the bedrock of maritime navigation, it governs the rights and responsibilities of both sea travellers and coastal states in offshore territories.

• India is the state party to UNCLOS.

Maritime zones Under UNCLOS :

Maritime Zones under UNCLOS

1. Baseline/Internal Waters:

• The base line is first drawn by joining the seaward limits.
• All the waters within the baseline and coasts are referred as internal waters.
• Internal waters is as good as land of the coastal state. All laws which can be enforced on the land can  be enforced on internal waters too.
• Nobody other than coastal state can claim unrestricted rights in this zone.

2. Territorial Sea :

• The territorial waters extend seaward upto 12 nautical miles from the baseline.
• The coastal state have unrestricted rights and jurisdiction over the Territorial sea and its resources. These rights extend to sea bed, subsoil and airspace including the surface.
• The coastal nation has to allow for unhindered navigation for all ships including merchants and military vessels, through its territorial waters by innocent passage. 
• "innocent passage" refers to the right of foreign ships to navigate through a coastal state's territorial sea in a manner that is not prejudicial to the peace, good order, or security of that coastal state.

3. Contiguous Zone:

• The contiguous zone refers to the area extending 12 nautical miles from the seaward edge of a nation's territorial waters, extending further seaward.
• It is and intermediary zone between the territorial sea and the High seas.
• In the Contiguous Zone, the coastal state possesses the authority to pursue, chase, and arrest individuals or vessels suspected of engaging in illegal activities such as smuggling, piracy, terrorism, tax evasion or involved in pollution. Additionally, the coastal state can prosecute these alleged offenders under its own jurisdiction and laws.
• The contiguous zone, however, falls outside the scope of the innocent passage principle.

4. Exclusive Economic Zone (EEZ) :

• Exclusive Economic zone extend upto a distance of 200 nautical miles from the baseline.
• The concerned coastal state has the right of the survey, exploitation, conservation and management of the mineral resources of the ocean deposits, ocean floor, marine water energy, marine organisms within this EEZ.
• No other country can venture in any economic activities (e.g. fishing, mining etc.) in this zone without the permission of the concerned coastal state.
• EEZ is open for laying down submarine cables, navigation of ships, flying of aeroplane for other states.

5. High Seas :

• The High seas referred to the ocean surface and water column beyond the Exclusive economic zone i.e. Waters beyond 200 nautical miles from the baseline.
• The high seas are beyond the scope of any national jurisdiction and are considered "the common heritage of humanity"
• States are permitted to conduct activities in these areas, provided they are for peaceful purposes, such as transportation, marine scientific research, and underwater exploration.

6, Continental Shelf:

• UNCLOS defines the continental shelf as the seabed and subsoil that extend beyond beyond the territorial sea, sloping towards the deep ocean.
• Coastal states have sovereign rights to explore and exploit the natural resources of the Continental shelf even it is beyond 200 nautical miles from the baseline.

Concept of Archipelagic Waters:

• Archipelagic Baselines: To form the archipelagic baselines, straight lines are drawn, connecting the outermost points of an archipelago's islands and islets. These baselines serve as reference points for determining the rest of the maritime zones as defined by UNCLOS, including territorial waters, contiguous zone, exclusive economic zone (EEZ), and the continental shelf.
• The concept of archipelagic waters is based on the "archipelagic principle," which recognises that archipelagos should be treated as a single entity, regardless of the size or number of islands.
• The waters enclosed within the archipelagic baselines are considered the internal waters of the archipelagic state, subject to its complete sovereignty.
• Unlike the principle of innocent passage in territorial waters, foreign ships have no right of innocent passage through archipelagic waters. They must follow the archipelagic state's laws and regulations, including seeking prior permission for transit.
• Archipelagic states may designate certain routes through their archipelagic waters for innocent passage, which foreign ships must follow to transit without prior notification.

Institutions Created by UNCLOS:

        The UNCLOS has led to the creation of following Institutions that play vital role in implementing and upholding the principles and provisions of the Convention.

1. International Seabed Authority (ISA) :

• UNCLOS established the International Seabed Authority (ISA) as an autonomous international organisation.
• ISA's primary responsibility is managing the seabed and its resources beyond national jurisdiction.
• The authority issues licenses for deep-sea mining activities, ensuring responsible and sustainable exploitation.
• It plays a crucial role in safeguarding the marine environment during mining operations.
• Equitable distribution of benefits from mining activities is a key objective of ISA, ensuring fair sharing among all nations.

2. The International Tribunal for the law of the Sea (ITLOS) :

• ITLOS is an independent judicial body established by UNCLOS to adjudicate disputes concerning the interpretation and application of the convention.
• It provides a forum for peaceful resolution of disputes related to the law of the sea.
• It act as a dispute resolution Mechanism of the UNCLOS

3. The Commission on the Limits of the Continental Shelf (CLCS):

• CLCS is a scientific and technical body formed under UNCLOS.
• Its primary role is to review data and information submitted by coastal states to determine the outer limits of their continental shelf beyond 200 nautical miles.
• CLCS plays a crucial role in clarifying and determining the outer boundaries of the continental shelf, helping to avoid potential conflicts over maritime territories.

   The United Nations Convention on the Law of the Sea (UNCLOS) stands as an indispensable and far-reaching framework, shaping the governance of our global oceans and seas. Its influence extends across international maritime policies and regulations, making it a vital subject of understanding for aspirants preparing for questions related to international relations, maritime disputes, and India's marine policies. As the world continues to navigate the complexities of our oceans, a comprehensive grasp of UNCLOS becomes an essential tool for aspiring UPSC candidates, enabling them to contribute meaningfully to the preservation and sustainable management of our precious marine resources.