"In fact, the irony is that the United States already scrupulously follows the rules in the convention," said James Kraska, an international law expert at the U.S. Part I - Introduction; Part II - Territorial sea and contiguous zone. Similarly, the awareness that the development of scientific research and of other marine activities fostered by technological progress and economic need required clear and generally accepted rules became widespread. Though this has been driven by internal concerns about losing sovereignty, an opportunity now presents itself for the US to enhance its maritime interests by joining the Convention. The Convention presupposes a highly institutionalized world. The agreement has been ratified by 150 parties (all of which are parties to the Convention), which includes 149 states (146 United Nations member states plus the UN Observer state Palestine, as well as the Cook Islands and Niue) and the European Union. In December 1988 President Reagan, through Proclamation No. 2167, p. 3. At the same time, the need to protect the marine environment, after the 1972 United Nations Stockholm Conference on the Human Environment, and the conclusion of significant specific conventions (the London Dumping Convention of 1972 and the MARPOL convention of 1973) became a broadly accepted objective. original of the Convention (Spanish authentic text)]. General Assembly resolution 2574 A (XXIV) of 15 December 1969 (Examination of the question of the reservation exclusively for peaceful purposes of the sea-bed and the ocean floor, and the subsoil thereof, underlying the high seas beyond the limits of present national jurisdiction, and the use of their resources in the interests of mankind) United Nations Convention on the Law of the Sea: A Commentary, edited by Alexander Proelss [C.H. No exploration for or exploitation of these resources may be conducted outside the “international regime”, including an “appropriate international machinery”, to be established “by an international treaty of a universal character, generally agreed upon”. Terms and Conditions of Use. The Convention has had a substantial impact on customary law. Subsequent to the adoption of the 1958 Conventions (see the 1958 Conventions on the Law of the Sea), the General Assembly requested that the Secretary-General convene a Second United Nations Conference on the Law of the Sea to consider the topics of the breadth of the territorial sea and fishery limits, which had not been agreed upon in the said Conventions (resolution 1307 (XIII) of 10 December 1958). It entered into force on 14 November 1994 and is presently binding for 154 States, as well as the European Community (as of 24 July 2008). 1-3, 27 August 1970) This Agreement has in fact opened the way to the high – and highly representative – number of States that have become parties to the Convention. During the second phase more precision was given to the results reached so far; additional points were raised for consideration and participants directed their attention to an examination of consolidated texts embodying these solutions and on the procedure by which they might be adopted (See Consultations of the Secretary-General on outstanding issues relating to the deep seabed mining provisions of the United Nations Convention on the Law of the Sea. 5030, claimed a 200-mile exclusive economic zone. It was necessary because of the need to reconcile divergent interests only partially represented by the traditional groups of States (Western industrialized States, Socialist States, Group of 77, etc. States with a dagger () are landlocked states. 72, General Assembly, Verbatim Records of plenary meeting No. Report of the Committee on the Peaceful Uses of the Sea-Bed and the Ocean Floor beyond the Limits of National Jurisdiction to the General Assembly at its twenty-eighth session (A/8721, 1972 and Corr. So it was that the last negotiating text, “The Draft Convention on the Law of the Sea” (1981), could be considered in most of its provisions a consensus text. The more than 400 articles of the text and of the nine annexes that are an integral part of it are the most extensive and detailed product of codification activity States have ever attempted and successfully concluded under the aegis of the United Nations. Parts II to XI concern the different maritime zones: territorial sea and contiguous zone, straits used for international navigation, archipelagic waters, the exclusive economic zone, the continental shelf, the high seas, the International Seabed Area, and special provisions on the regime of islands and of enclosed and semi-enclosed seas. 5928, extended U.S. territorial waters from three nautical miles to twelve nautical miles for national security purposes. This relationship between the Convention and customary law does not preclude new customary rules emerging; however, when they are in contrast with the Convention, extreme caution is necessary before concluding that they have in fact emerged. The consultations can be divided into two phases. [2] An additional 14 UN member states have signed, but not ratified the convention. ", https://en.wikipedia.org/w/index.php?title=List_of_parties_to_the_United_Nations_Convention_on_the_Law_of_the_Sea&oldid=966206359, Short description is different from Wikidata, Creative Commons Attribution-ShareAlike License, This page was last edited on 5 July 2020, at 18:28. By Leslie-Anne Duvic Paoli for RUSI.org The United Nations Convention on the Law of the Sea, also called the Law of the Sea Convention or the Law of the Sea treaty, is an international agreement that resulted from the third United Nations Conference on the Law of the Sea, which took place between 1973 and 1982. The United Nations Convention on the Law of the Sea (UNCLOS) It is also called the Law of the Sea Convention or the Law of the Sea treaty. 1933 held on 17 December 1970 (A/25/PV.1933) The convention has been ratified by 168 parties, which includes 167 states (164 United Nations member states plus the UN Observer state Palestine, as well as the Cook Islands and Niue) and the European Union. A claim for exclusive or sovereign rights over an area of the sea well beyond the territorial sea, previously put forward only by South American States, gained wide acceptance. On 4 August 1995 the Conference adopted the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, which was opened for signature until 4 December 1996. 101, Final Act of the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, The Status of Multilateral Treaties Deposited with the Secretary-General. General Assembly, Verbatim Records of plenary meeting No. It is the international agreement that resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982. In force: 1994-11-16. The following sessions were held by the Conference: On 10 December 1982, the Conference adopted the United Nations Convention on the Law of the Sea, containing 320 articles and nine annexes. In practice, some flexibility has been ensured by the Meeting of States Parties adopting by consensus changes to time limits established by the Convention, and by the possibility of adopting “implementing agreements”, on the model of the 1995 United Nations Fish Stocks Agreement, which, although not requiring that States parties coincide with those of the Convention, develop insufficiently detailed provisions of it, or areas not covered by it, while stating that they shall be interpreted and applied in the context of and in a manner consistent with the Convention. First session held at United Nations Headquarters in New York, 3 to 15 December 1973; Second session held at Parque Central, Caracas, 20 June to 29 August 1974; Third session held at the Office of the United Nations in Geneva, 17 March to 9 May 1975 (General Assembly resolution 3334 (XXIX) of 17 December 1974); Fourth session held at United Nations Headquarters in New York, 15 March to 7 May 1976 (General Assembly resolution 3483 (XXX) of 12 December 1975); Fifth session held at United Nations Headquarters in New York, 2 August to 17 September 1976 (Decision taken at the 69th meeting of the plenary Conference on 7 May 1976. However a legal opinion from the Justice Department questioned the President's constitutional authority to extend sovereignty as Congress has the power to make laws concerning the territory belonging to the United States under the U.S. Constitution. Already at the final session held in Montego Bay in December 1982, some of the abstaining States signed the Convention, and more did so before the final date for signature, 10 December 1984. For most of these new States the priorities in the uses of the seas were different than those of the maritime powers that had dominated the scene in Geneva. The United Nations Convention on the Law of the Sea was opened for signature at Montego Bay, Jamaica, on 10 December 1982. Related Materials The presentation also contains excerpts from the Audiovisual Library's Lecture Series, which may be viewed through the links below: Additional lectures on the Law of the Sea may also be viewed through the following links: Please see the Law of the Sea on the Lecture Series for forthcoming lectures. The United Nations Convention on the Law of the Sea was adopted in 1982. All Rights Reserved. At the first session, the Conference set up a General Committee, three Main Committees, a Drafting Committee and a Credentials Committee. The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea treaty, is an international agreement that resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982. This device had the advantage of providing the Conference with a basic draft that would become the exclusive object of amendment proposals. Having considered the report, the General Assembly requested the Secretary-General to invite States to the Conference, and decided that the mandate of the Conference was the adoption of a Convention dealing with all matters relating to the Law of the Sea (resolution 3067 (XXVIII) of 16 November 1973). The historic circumstances that brought about the decision to engage in this codification endeavour are complex. Rec. Irreconcilable divergences remained (especially in light of the changed position of the United States, due to the accession to the Presidency of Ronald Reagan) only regarding Part XI, on the International Seabed Area. UNCLOS. United Nations Convention on the Law of the Sea CONTENTS Page PREAMBLE ..... 21 PART I. For further information and documentation on the United Nations Convention on the Law of the Sea and the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, see the official website of the Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, United Nations: http://www.un.org/Depts/los/. In accordance with its mandate under Agenda 21, agreed upon at the United Nations Conference on Environment and Development in 1992, the General Assembly decided in resolution 47/192 of 22 December 1992 to convene the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks. The Conference allocated to the First Committee the topic of the international regime of the seabed and ocean floor beyond national jurisdiction, and to the Second Committee the topics of the territorial sea, the contiguous zone, the continental shelf, the exclusive economic zone, the high seas, land-locked countries, shelf-locked States and States with narrow shelves or short coastlines and the transmission from the high seas, while the topic of the preservation of the marine environment was allocated to the Third Committee. Please subscribe to the RSS feed UNCLOS, Off thereupon, and use. 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