UNCLOS


UNCLOS  stands for united nations convention on the law of the sea. India is a state party to the UNCLOS.

India also supported freedom of navigation and overflight , and unimpeded commerce , based on the principles of international law, reflected notably in the UNCLOS 1982.

Key points

  • The United Nations Convention on the Law of the Sea 1982 is an international agreement that establishes the legal frame work for marine and maritime activities.
  • It is also known as Law of sea . It  divides marine areas into five main zones namely - International Waters , Territorial Sea , Contiguous Zone , Exclusive Economic Zone and the High Seas.
  • It is only international convention which stipulates  a frame work for state jurisdiction in maritime spaces .It provides a different legal status to different maritime zones.
  • It provides the backbone for offshore governance by coastal  states and those navigating the oceans.
  • It not only zones coastal states' offshore areas but also provides specific guidance for states' rights and responsibilities in the five concentric zones.
  • While UNCLOS has been signed and ratified by nearly all the coastal countries in the south china sea , its interpretation is still hotly disputed.
  • There is a maritime dispute in the east china sea.

Maritime Zones

  • Base line; It is the low-water line along the coast as officially recognized by the coastal line.
  • Internal Waters;  Internal Waters are waters on the landward side of the baseline from which breadth of the territorial sea is measured. Each costal state has full sovereignty over it's internal waters as like it's land territory examples of internal waters include bays, ports, inlets, rivers, and even lakes that are connected to the sea. There is no right of innocent passage through internal waters. Innocent passage refers to the passing through the waters which are not prejudicial to peace and security . However the nations have the right to suspend the same.
  • Territorial Sea; The territorial sea extends seaward up to 12 nautical miles (nm) from it's base lines .A nautical mile is based on the circumference of the earth and is equal to one minute of latitude . It is slightly more than a land  measured mile (1 nautical mile =1.1508 land miles or 1.85 km). The coastal states have sovereignty and jurisdiction over the territorial sea . These rights extend not only on the surface but also to the seabed, subsoil and even airspace. But the coastal states are limited by the innocent passage through the territorial sea.
  • Contiguous Zone; The contiguous zone extends seaward up to 24 nm from it's baselines. It is an intermediary between the territorial sea and the high seas. The costal state has the right to both prevent and punish infringement of fiscal , immigration , sanitary, and customs laws with in its territory and territorial sea. Unlike the territorial sea, the contiguous zone only gives jurisdiction to a state on the ocean's surface and floor. It does not provide air and space rights.
  • Exclusive Economic Zone; Each coastal state may claim an EEZ beyond and adjacent to it's territorial sea that extends seaward up to 200 nm from it's baselines. With in EEZ , a costal state has;
  1. Sovereign rights for the purpose of exploring, exploiting, conserving and managing natural resources , whether living or nonliving , of the seabed and subsoil.
  2. Rights to carry out activities like the production of energy from the water currents and wind.
Unlike the territorial sea and contiguous zone , the EEZ only allows the above mentioned resource rights. It does not give a costal state the right to prohibit or limit freedom of navigation or overflight, subject to very limited exceptions.
  • High Seas ; The ocean surface and the water column beyond EEZ are referred to as high seas. It is considered as" the common heritage of all mankind" and is beyond any national jurisdiction. States can conduct activities in these areas as long as they are for peaceful purposes , such as transit , marine science , and undersea exploration.
 

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