The United Nations Convention on the Law of the Sea (UNCLOS) is a peace accord that lays out rules for organizations, the climate, and the administration of marine regular assets. In 1982, the United Nations Convention on the Law of the Sea was adopted and signed as an international treaty. It took the place of the four Geneva Conventions of April 1958, which dealt with the territorial sea and contiguous zone, the continental shelf, the high seas, fisheries, and the conservation of living resources on the high seas. This article discusses UNCLOS and its significance for the UPSC Exam.

What is UNCLOS?

• UNCLOS is otherwise called the Law of the Sea Convention or the Law of the Sea Treaty that characterizes the freedoms as well as expectations of countries towards the utilization of the world's seas.
• The United Nations Convention on the Law of the Sea sets out an exhaustive system of peace and lawfulness on the planet's seas and oceans laying out rules administering all purposes of the seas and their assets.
• It cherishes the thought that all issues of sea space are firmly interrelated and should be tended to in general.
• Three new international institutions have been established as a result of the Convention:
  • The International Tribunal for the Law of the Sea,
  • The International Seabed Authority
  • The Commission on the Limits of the Continental Shelf.

UNCLOS: A brief history

• UNCLOS was framed by supplanting the more seasoned idea of the 17th century known as 'opportunity of the oceans' the place where the public privileges were simply restricted to a predetermined belt of water that was drawn out, as a rule, up to 3 nautical miles (5.6 km) from a country's shores.
• In this manner, the belts of water that were past the public limits were viewed as worldwide waters.
• Afterwards, during the mid-twentieth century, a few countries tended to their requirements for broadening the public cases that included mineral assets, assurance of fish stocks and supply of assets to implement contamination controls.
• Subsequently, in the year 1945, President Harry S. Truman stretched out United States control to every one of the normal assets of its mainland rack.
• Before long, between 1946-1950, three additional countries in particular Chile, Peru, and Ecuador likewise stretched out their privileges to a distance of 370 km to cover their Humboldt Current fishing grounds while different countries stretched out their regional oceans to 22 km.
• The issues connected with the changing cases of the regional waters were brought up in the year 1967 in the UnitedCountries.
• During the Third UN Conference on the Law of the Sea (UNCLOS III) of 1973, the UN minister, Mr Arvid Pardo, mentioned a legitimate power that could achieve global administration over the maritime floor and Sea bed.
• Indeed, even as the name of the nautical regulation recommends a United Nations' inclusion, the UN plays no major utilitarian part in the working of UNCLOS.

UNCLOS: Features

A portion of the significant highlights of the United Nations Convention on the Law of the Sea is given below:

• Countries are given full cash privileges by UNCLOS for a 200-mile zone along the coastline.
• The ocean and maritime bed reaching out to this area are respected to be the Exclusive Economic Zone (EEZ) of a nation and that nation can involve these waters for their financial usage.
• One more significant association that assumes an essential part in UNCLOS activities is the International Maritime Organization (IMO).
• Other significant gatherings associated with Nautical Law and its working are the International Seabed Authority and the International Whaling Commission.

UNCLOS Significant Conventions

There have been three major UNCLOS conventions:

1. UNCLOS I: It resulted in the successful implementation of a number of conventions concerning territorial seas and adjacent zones, continental shelf, high seas, and fishing rights.
2. UNCLOS II: There was no agreement on the territorial seas' breadth.
3. UNCLOS III: added a number of new provisions. Setting limits, navigation, archipelagic status and transit regimes, exclusive economic zones (EEZs), continental shelf jurisdiction, deep seabed mining, the exploitation regime, marine environment protection, scientific research, and dispute resolution was among the most important topics discussed.

UNCLOS: Terminologies

The convention established the boundaries of several areas, which were measured against a properly specified baseline.

The following are the terminologies:

Baseline

• The convention established the boundaries of several areas, which were measured against a properly specified baseline.
• A sea baseline normally follows the low-water line, however straight baselines may be employed where the coastline is significantly indented, includes bordering islands, or is highly unstable.

Internal Waters

• On the landward side of the baseline, it includes all bodies of water and waterways.
• The coastal state has complete autonomy in terms of enacting laws, regulating resource use, and utilising resources. Within internal seas, foreign vessels have no right of passage.
• On the high seas, a vessel falls under the jurisdiction of its flag state's internal laws.

Territorial Waters

The coastal state is free to enact laws, control use, and utilise any resource out to 12 nautical miles (22 km, 14 miles) from the baseline.

Right to innocent passage

• The Right of Innocent Passage was granted to vessels in any territorial waters.
• The treaty defines "innocent passage" as travelling through waterways in a timely and continuous manner that is not "prejudicial to the peace, good order, or security" of the coastal state.
• Submarines and other undersea vessels must navigate on the surface and display their flag, while fishing, pollution, weapons practice, and espionage is not "harmless" activities.
• Countries can also impose temporary restrictions on an innocent passage in specified parts of their territorial seas if it is necessary to defend their security.

Archipelagic Water​

• The agreement established the definition of "Archipelagic States," as well as how the state's geographical limits can be drawn.
• All waters inside this boundary are referred to as "Archipelagic Waters."
• The state has sovereignty over these waters to the same extent that it does over internal waterways, but it is subject to existing rights, such as customary fishing rights of neighbouring states.
• Foreign vessels have the right of innocent passage through archipelagic waters, although archipelagic states have the option of restricting innocent passage to defined sea lanes.

Contiguous Zone

• The contiguous zone, which extends beyond the 12-nautical-mile (22-kilometre) border, is further 12 nautical miles (22 kilometres) from the territorial sea baseline limit.
• If the violation occurred or is expected to occur within the state's territory or territorial waters, the state can continue to enforce laws in four specified areas (customs, taxation, immigration, and pollution).
• As a result, the contiguous zone is a hot pursuit zone.

Economic zones with special status (EEZs)

• These are 200 nautical miles longer than the baseline.
• The coastal nation has sole exploitation rights to all natural resources within this area.
• In informal usage, the word can refer to both the territorial sea and the continental shelf.

Continental Shelf

The continental shelf is the natural extension of land territory to the continental margin's outer edge, or 200 nautical miles (370 kilometres) from the baseline of the coastal state, whichever is greater.

Initiatives under UNCLOS

The principal Conference on the Law of the Sea (UNCLOS I) was held in the year 1956 at Geneva, Switzerland by the United Nations. This gathering brought about the accompanying four deals:

• Convention on the Territorial Sea and Contiguous Zone
• Convention on Fishing and Conservation of Living Resources of the High Seas
• Convention on the Continental Shelf

A few drives were taken after the foundation of the United Nations Conference on the Law of the Sea (UNCLOS) which are referenced underneath:

International Tribunal for the Law of the Sea (ITLOS)

• Established by the UNCLOS, the International Tribunal for the Law of the Sea is an autonomous legal body that mediates debates emerging out of the show.
• ITLOS was endorsed on December 10, 1982, and went into force on November 16, 1994.

International Seabed Authority

• It was formed in 1994 for directing the investigation and abuse of marine non-living assets of seas in worldwide waters.
• To be aware of the elements of the International Seabed Authority, allude to the connected page.

Commission on the Limits of the Continental Shelf (CLCS)

Established under the United Nations Convention on the Law of the Sea, CLCS is answerable for working with the execution of UNCLOS as for the foundation of the external furthest reaches of the mainland rack past 200 nautical miles.

UNCLOS and India

India assumed a useful part in considerations prompting UNCLOS's reception in 1982 and hosting a gathering to the show starting around 1995.

• India imparts oceanic limits to the accompanying nations:
  • Bangladesh Indonesia
  • Myanmar Sri Lanka
  • Thailand Maldives
  • Pakistan
• The beachfront State has a selective locale to financially take advantage of the mainland rack for metallic metal, non-metallic metal and hydrocarbon extractions, fortunate and precise vital measures won't just shield India's oceanic limits yet can likewise receive rewards past assumption.
• India has focused intensely on profound worldwide waters for polymetallic knobs, cobalt covering and aqueous sulfides. Increasingly more hydrocarbon assets are being found worldwide in more profound pieces of the mainland rack.

Conclusion

UNCLOS has always been a peace treaty entity providing resolution mechanisms regarding different marine issues all over the world in which member states can appeal and seek dispute resolution. However, states like China have failed to follow the judgment of UNCLOS in the matter of the South China Sea which questions the credibility and role of this institution.

FAQs

MCQs

1. What is the main objective of the United Nations Convention on the Law of the Sea (UNCLOS)?

A) To regulate global trade and commerce
B) To ensure the protection of the global environment
C) To establish legal rules for the use and protection of the oceans and their resources
D) To establish an international body for dispute resolution

2. Which of the following is not covered under the UNCLOS framework?

A) Freedom of navigation in international waters
B) Regulation of fishing rights in exclusive economic zones (EEZ)
C) Rights of landlocked countries to access the sea
D) Nationalization of marine resources

3. What is the role of the Exclusive Economic Zone (EEZ) under UNCLOS?

A) To regulate international shipping lanes
B) To grant coastal states sovereignty over marine resources within 200 nautical miles
C) To restrict all foreign vessels from entering the waters
D) To regulate the fishing industry worldwide

4. Which body was established under UNCLOS to resolve maritime disputes?

A) International Court of Justice (ICJ)
B) International Tribunal for the Law of the Sea (ITLOS)
C) United Nations Security Council (UNSC)
D) World Trade Organization (WTO)

5. What is the significance of the Continental Shelf under UNCLOS?

A) It allows states to expand their territorial waters beyond 12 nautical miles
B) It grants rights over the seafloor and subsoil for resource exploration
C) It imposes restrictions on all marine activities
D) It limits the exploitation of marine resources to coastal communities

GS Mains Questions and Model Answers

Q1: Examine the significance of the United Nations Convention on the Law of the Sea (UNCLOS) in international relations and its impact on global maritime governance.

Answer: The United Nations Convention on the Law of the Sea (UNCLOS) is of immense significance in international relations as it establishes a universally recognized legal framework governing the oceans and their resources. UNCLOS promotes peaceful cooperation among states in the use of marine resources, the protection of the marine environment, and the resolution of maritime disputes. By establishing clear rules for territorial waters, exclusive economic zones (EEZs), and the rights of landlocked countries, UNCLOS has facilitated the peaceful resolution of potential conflicts over maritime boundaries. The convention has also contributed to the regulation of international shipping, marine environmental protection, and the sustainable management of marine resources. Its impact on global maritime governance is profound, as it serves as the foundation for managing the world’s oceans in a way that balances the interests of coastal states, shipping nations, and environmental stakeholders.

Q2: Analyze the role of UNCLOS in resolving disputes over maritime boundaries between states. How effective has the dispute settlement mechanism been in ensuring compliance?

Answer: UNCLOS provides a robust dispute settlement mechanism that aims to resolve maritime boundary disputes through peaceful means. It offers several methods of dispute resolution, including negotiation, arbitration, and adjudication by the International Tribunal for the Law of the Sea (ITLOS). The tribunal has played a critical role in addressing disputes over issues such as territorial waters, exclusive economic zones (EEZs), and continental shelf boundaries. The effectiveness of the dispute settlement mechanism has been demonstrated in several high-profile cases, such as the resolution of the Bangladesh-Myanmar maritime boundary dispute and the Philippines v. China case regarding the South China Sea. While the mechanisms are generally effective, challenges remain in ensuring compliance, especially when powerful states are involved. Non-compliance with tribunal rulings, as seen in some South China Sea disputes, highlights the complexities of enforcing international law in a geopolitically sensitive environment.

Q3: Discuss the impact of UNCLOS on the protection of the marine environment. What are the challenges in implementing these provisions?

Answer: UNCLOS has made significant contributions to the protection of the marine environment by establishing provisions for the prevention and reduction of marine pollution. Under the convention, states are required to adopt measures to prevent pollution from ships, land-based activities, and dumping at sea. It also promotes the conservation of marine biodiversity and the sustainable use of marine resources. However, the implementation of these provisions faces several challenges, including the lack of enforcement mechanisms, insufficient international cooperation, and the rising threat of climate change. Many countries have not fully implemented the environmental protection provisions due to economic and political constraints, and some issues, such as illegal, unreported, and unregulated (IUU) fishing, continue to undermine global marine conservation efforts. Despite these challenges, UNCLOS remains a key framework for addressing environmental degradation in the world’s oceans.

Previous Year Questions on UNCLOS

1. UPSC CSE Prelims 2021:

Question: What is the primary objective of the United Nations Convention on the Law of the Sea (UNCLOS)?

A) Regulation of international maritime trade
B) Establishment of a global maritime dispute settlement system
C) Provision of rights to coastal states over marine resources
D) Prevention of climate change through oceanic regulation

Answer: (C)

Explanation: The primary objective of UNCLOS is to provide a legal framework that grants coastal states rights over marine resources within their exclusive economic zones (EEZs) while promoting the sustainable management and protection of the marine environment.

2. UPSC CSE Mains 2020 (GS Paper 2):

Question: "Analyze the role of UNCLOS in the context of global maritime governance and its impact on the resolution of maritime disputes."

Answer: UNCLOS plays a pivotal role in global maritime governance by providing a legal structure for the resolution of maritime disputes, the protection of the marine environment, and the regulation of the use of marine resources. Through its dispute settlement mechanisms, including the International Tribunal for the Law of the Sea (ITLOS), UNCLOS has facilitated the peaceful resolution of maritime boundary disputes. Its provisions on exclusive economic zones (EEZs) and territorial waters ensure that coastal states have clear rights over marine resources, while the convention also sets guidelines for international shipping and environmental protection. However, the effectiveness of these provisions depends on the political will of states to comply with international rulings, as challenges remain in enforcing UNCLOS, particularly in contested regions like the South China Sea.