Dr.

Ram Manohar Lohiya

National Law University, Lucknow

ACADEMIC SESSION:2016-17
PUBLIC INTERNATIONAL LAW
TOPIC: LAW OF THE SEA IN INTERNATIONAL

SUBMITTED TO: SUBMITTED

BY:
Mr. Manwendra Kumar Tiwari Divya Tripathi
ASST. PROFESSOR (LAW) B.A LL.B
(Hons.)
DR. RAM MANOHAR LOHIYA 4th SEMESTER
NATIONAL LAW UNIVERSITY ROLL NO:47
ACKNOWLEDEGMENT
I express my gratitude and deep regards to my teacher Mr. Manwendra Kumar Tiwari
for his exemplary guidance, monitoring and constant encouragement throughout the
course of this thesis.
I also take this opportunity to express a deep sense of gratitude to my seniors in the
college for their cordial support, valuable information and guidance, which helped me
in completing this task through various stages.
I am obliged to the staff members of the MadhuLimaye Library, for the timely and
valuable information provided by them in their respective fields. I am grateful for
their cooperation during the period of my assignment.
Lastly, I thank almighty, my family and friends for their constant encouragement
without which this assignment would not have been possible.
TABLE OF CONTENTS

BRIEF HISTORY .......................................................................................................... 4

GLOBAL TREATIES ................................................................................................... 5
PREPARATORY WORK ............................................................................................. 6
INTERNATIONAL ORGANIZATIONS ..................................................................... 7
CASE LAW/SETTLEMENT OF DISPUTES............................................................... 9
CONSERVATION AND MANAGEMENT OF THE LIVING RESOURCES OF
THE HIGH SEAS ........................................................................................................ 10
ZONES OF THE SEA ................................................................................................. 15
 BRIEF HISTORY

For centuries, the law of sea was based on the concept of freedom of the seas, with
nations' control of the oceans limited to narrow bands adjacent to their coasts. It was
primarily based on customary law; international agreements were likely to involve a
small number of states or cover a particular region. By the middle of the twentieth
century, as the nations increased their capability to engage in long range fishing and
commercial extraction, concerns arose about pollution and the exhaustibility of ocean
resources. In addition, the concept of freedom of the seas was eroding, as many
nations had asserted sovereignty over wider areas, claiming rights to the resources of
the continental shelf and the water above. It became necessary to develop a treaty-
based regime for ocean governance. A series of United Nations conferences on the
law of the sea, convened in 1958, 1960 and 1973-1982, produced a number of treaty
agreements and the Third Conference culminated in the adoption in 1982 of a
comprehensive treaty instrument, the United Nations Convention on the Law of Sea.

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) creates a
comprehensive regime governing the rights of nations with respect to the world's
oceans. The convention addresses a number of topics, including economic zones of
the sea, the continental shelf, rights to the deep seabed, navigational rights in
territorial and high seas, conservation and management of the living resources of the
sea, protection and preservation of the marine environment, and others. Procedures
for the resolution of disputes are included. The convention is comprised of 320
articles and nine annexes. In addition, two other agreements that supplement
UNCLOS have been adopted: The Agreement Relating to the Implementation of Part
XI of the United Nations Convention on the Law of the Sea of 10 December 1982 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.

In addition to the global agreements, ocean law is controlled by a number of regional

and specialized treaty instruments, covering topics such as the peaceful use of the sea,
maritime space, conservation and management of living resources, protection of the
marine environment, communications, illegal activities and the governance of
regional seas.

GLOBAL TREATIES

A. United Nations Convention on the Law of the Sea (UNCLOS)1

The Convention is comprised of eighteen parts (containing 320 articles) and nine
Annexes (containing 125 articles).Two additional Agreements, concluded in 1994 and
1995, have as their aim the implementation of certain provisions of UNCLOS and are
subject to the dispute settlement provisions of UNCLOS.

B. Agreement Relating to the Implementation of Part XI of the United Nations

Convention on the Law of the Sea of 10 December 1982

C. 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 (the “1995 Fish Stocks Agreement”)

1United Nations Convention on the Law of the Sea(March 15, 2017, 10:33 PM),
<http://www.un.org/Depts/los/convention_agreements/texts/unclos/unclos_e.
pdf>.
 PREPARATORY WORK

A. International Law Commission2

The International Law Commission (ILC), created in 1948, was charged with
advancing the codification of international law. The Commission selected the
regimes of the high seas and the territorial sea as topics for high priority.

B. Law of the Sea Conferences

United Nations Diplomatic Conferences.

1958 United Nations Conference on the Law of the Sea (First Conference). The First
United Nations Conference on the Law of the Sea, convened in Geneva in 1958,
focused on developing rules that addressed states’ rights and duties with respect to
zones of the seas – territorial seas, continental shelf and high seas.

The Conference produced four treaty agreements, with continuing relevance today:

 The Convention on the Territorial Sea and the Contiguous Zone (entered into
force on 10 September 1964).
 The Convention on the High Seas (entered into force on 30 September 1962).
 The Convention on Fishing and Conservation of the Living Resources of the
High Seas (entered into force on 20 March 1966).
 The Convention on the Continental Shelf (entered into force on 10 June 1964).
 In addition, an Optional Protocol of Signature Concerning the Compulsory
Settlement of Disputes was adopted, which entered into force on 30
September 1962.

19603United Nations Conference on the Law of the Sea (Second Conference).The

Second United Nations Conference on the Law of the Sea convened to consider the

2InternationalLaw Comission (March 15, 2017, 10:45 PM),

<http://legal.un.org/ilc/>
3Second United Nations Conference on the Law of Sea.(March 15, 2017, 10:55 PM),

<http://legal.un.org/diplomaticconferences/lawofthesea-1960/lawofthesea-
1960.html>
topics of the breadth of the territorial sea and fishery limits, which had not been
agreed upon in the 1958 Conventions. No new agreements were concluded at the
Conference.

United Nations Conference on the Law of the Sea, 1973-1982 (Third Conference).
Meeting in eleven sessions held during the period 1973 – 1982, the Third United
Nations Conference on the Law of the Sea, on 10 December 1982, adopted the United
Nations Convention on the Law of the Sea. The United Nations Convention on the
Law of the Sea entered into force twelve months after the deposit of the sixtieth
instrument of ratification, on 16 November 1994. 4

INTERNATIONAL ORGANIZATIONS

United Nations Division for Ocean Affairs and the Law of the Sea (UNCLOS).

The Division serves as the secretariat of the United Nations Convention on the Law of
the Sea.

UN Oceans.

The Oceans and Coastal Areas Network (subsequently named "UN-Oceans") was
created to enhance cooperation and coordination among secretariats of the
international organizations concerned with ocean related activities. It is composed of
the relevant programs, entities and specialized agencies of the UN system and the
secretariats of the relevant international conventions, including the International
Seabed Authority and the Convention on Biological Diversity.

International Maritime Organization (IMO)

IMO is a specialized agency of the United Nations responsible for improving

maritime safety and preventing pollution from ships. It serves as the repository for

4Third United Nations Conference on the Law of Sea. (March 15, 2017, 11:30 PM),
<http://legal.un.org/diplomaticconferences/lawofthesea-1982/lawofthesea-
1982.html>.
treaties related to maritime safety, marine pollution, liability and compensation and
other conventions dealing with shipping Summaries.

World Meteorological Organization (WMO)5

WMO is the specialized agency of the United Nations for meteorology (weather,
climate and water), operational hydrology and related geophysical sciences. The
WMO is charged with providing leadership in international cooperation in weather,
climate, hydrology, water resources and related environmental issues. Its policy-
making body, the World Meteorological Congress, meets every four years. The
WMO's Secretariat includes publication and distribution of WMO publications among
its duties. The WMO website includes WMO statements, long-term plans, and
announcements.

Intergovernmental Oceanographic Commission of UNESCO

The Intergovernmental Oceanographic Commission (IOC) of UNESCO focuses on

marine science and provides member states of the United Nations with a mechanism
for global cooperation in the study of the ocean, through the sharing of knowledge,
information and technology and through the coordination of national programs.

United Nations Environment Programme (UNEP)

UNEP is the designated authority of the United Nations system in environmental

issues at the global and regional level. Its mandate is to act as a catalyst, advocate,
educator and facilitator to promote the wise use and sustainable development of the
global environment. To accomplish this, UNEP works with a wide range of partners,
including United Nations entities, international organizations, national governments,
non-governmental organizations, the private sector and civil society.

UNEP activities in marine and coastal areas include the Global Programme of Action
for the Protection of the Marine Environment from Land Based Activities,the Global

5International
Maritime Organisation. (March 15, 2017, 11:55 PM),
<http://www.imo.org/en/Pages/Default.aspx>
International Waters Assessment,the Small Island Developing States Network ,the
International Coral Reef Action Network,the World Conservation Monitoring
Center,Earthwatch and the Regional Seas Programme.

CASE LAW/SETTLEMENT OF DISPUTES

The mechanism established by UNCLOS provides for four alternative means for the
settlement of disputes: the International Tribunal for the Law of the Sea, the
International Court of Justice, an arbitral tribunal constituted in accordance with
Annex VII to the Convention, and a special arbitral tribunal constituted in accordance
with Annex VIII to the Convention.

A State Party is free to choose one or more of these means by a written declaration to
be made under article 287 of the Convention and deposited with the Secretary-
General of the United Nations.

If the parties to a dispute have not accepted the same settlement procedure, the dispute
may be submitted only to arbitration in accordance with Annex VII, unless the parties
otherwise agree.

International Court of Justice (ICJ)

The ICJ, also known as the World Court, is located in The Hague, Netherlands.
Established in 1945 to replace the Permanent Court of International Justice, it is the
principal judicial body of the United Nations. The Court is composed of 15 judges
and its role is to settle contentious cases (disputes between states) and give advisory
opinions (at the request of selected UN bodies). All ICJ judgments delivered since the
Court’s inception are listed, along with information on the background of the Court,
its current docket, procedures, jurisdiction, and rules.

International Tribunal for the Law of the Sea (ITLOS)

Located in Hamburg, Germany, the Tribunal is an independent judicial body

established in 1994 by UNCLOS to adjudicate disputes arising out of the
interpretation and application of the Convention. The Tribunal is composed of 21
independent members and is open to States Parties to the Convention and, in certain
cases, to entities other than States Parties (such as international organizations and
natural or legal persons). All ITLOS judgments are listed, along with information on
the background of the Tribunal, its current docket, procedures, jurisdiction, and rules.
Special chambers of the Tribunal are the Seabed Disputes Chamber (having
jurisdiction in disputes with respect to activities in the International Seabed Area), the
Chamber for Fisheries Disputes (available to deal with disputes concerning the
conservation and management of marine living resources), and the Chamber for
Marine Environment Disputes (available to deal with disputes relating to the
protection and preservation of the marine environment which parties may agree to
submit to it). The Statute of the International Tribunal for the Law of the Sea.

CONSERVATION AND MANAGEMENT OF THE LIVING RESOURCES OF

THE HIGH SEAS

A. International Agreements

The conservation and management of the living resources of the high seas are
addressed in Section 2 of Part VII of UNCLOS. Article 116 confirms the right to fish
on the high seas; Articles 117 through 119 address the duties of states to adopt
conservation measures and cooperate in the conservation and management of the
living resources of the high seas, and Article 120 addresses marine mammals.

In addition to UNCLOS, the 1958 Convention on Fishing and Conservation of the

Living Resources of the High Seas, and the 1995 Fish Stocks Agreement ,important
global multilateral agreements governing the management of living marine resources
include:

● International Convention for the Regulation of Whaling ● Agreement to

Promote Compliance with International Conservation and Management Measures
by Fishing Vessels on the High Seas
B. International Organizations

Food and Agriculture Organization – Fisheries and Aquaculture Department

The Department promotes policies and strategies aimed at sustainable and responsible
development of fisheries and aquaculture in inland and marine waters. For this
purpose, the Department provides discussion fora, information, legal and policy
frameworks, codes and guidelines, options for strategies, scientific advice and training
materials.

FISHLEX

The website provides access to a series of tables that summarize the provisions of
national legislation and of bilateral and multilateral agreements governing foreign
fishing in waters under national jurisdiction. Coastal State Requirements for Foreign
Fishing, previously available in print, are now available electronically. The database
can be searched by maritime delimitations (territorial sea, fishing zone, exclusive
economic zone) or by country (for maritime delimitations, international agreements,
conditions of access, framework of fishing activities and penalties, as well as national
legislation governing fishing activities).

FAOLEX

FAOLEX is a database containing a collection of national laws and regulations on

food, agriculture, fisheries and renewable natural resources.

C. Regional Fishery Management Organizations

The 1995 Fish Stocks Agreement requires that regional cooperation efforts be
undertaken by the States Parties to the Agreement. A number of regional fishery
organizations have been established by treaty, with the goal of regulating the amount
of fish to be harvested on the high seas in the region and allocating the catch among
the nations in the region. The Fisheries and Aquaculture Department of the FAO
promotes the work of the Regional Fishery Bodies .
Some of the organizations have management powers; others serve in an advisory
capacity. Organizations with management powers are:

Commission for the Conservation of Antarctic Living Marine Resources

● The Convention on the Conservation of Antarctic Marine Living Resources came

into force in 1982, as part of the Antarctic Treaty System, in pursuance of the
provisions of Article IX of that Treaty.

Commission for the Conservation of Southern Bluefin Tuna

● On 20 May 1994, a voluntary management arrangement among Australia, Japan

and New Zealand was formalized when the Convention for the Conservation of
Southern Bluefin Tuna, which had been signed by the three countries in May 1993,
came into force.

Western and Central Pacific Fisheries Commission

● Convention on the Conservation and Management of High Migratory Fish Stocks in

the Western and Pacific Ocean,entered into force in 2004.

General Fisheries Commission for the Mediterranean

● Agreement for the Establishment of the General Fisheries Commission for the
Mediterranean entered into force September 1949.

Inter-American Tropical Tuna Commission

● Convention for the Strengthening of the Inter-American Tropical Tuna Commission

Established by the 1949 Convention between the United States of America and the
Republic of Costa Rica (the Antigua Convention) entered into force August 2010.

International Baltic Sea Fishery Commission (ceased to function on January 1,

2006).

● Convention on Fishing and Conservation of the Living Resources in the Baltic Sea
and the Belts signed on 13 September 1973.
International Commission for the Conservation of Atlantic Tunas

● International Convention for the Conservation of Atlantic Tunas,entered into force

on 21 March 1969.

Indian Ocean Tuna Commission

● Agreement for the Establishment of the Indian Ocean Tuna Commission

International Pacific Halibut Commission

● The International Pacific Halibut Commission (IPHC), originally called the

International Fisheries Commission, was established in 1923 by the Convention for
the Preservation of the Halibut Fishery of the Northern Pacific Ocean between the
governments of Canada and the United States. The Convention was amended in 1930
and 1937.A new Convention entered into force in 1953.When the two countries
extended their fishery jurisdictions, a Protocol Amending the Convention entered into
force in 1980.The conventions may be located in commercial databases.

International Whaling Commission.

● International Convention for the Regulation of Whaling , entered into force on 10

November 1948.

North Atlantic Salmon Conservation Organization

● The Convention for the Conservation of Salmon in the North Atlantic

Ocean,entered into force on 1 October 1983.

Northwest Atlantic Fisheries Organization

● Convention on Future Multilateral Cooperation in the Northwest Atlantic

Fisheries,entered into force on 1 January 1979.
North East Atlantic Fisheries Commission

● “New” Convention on Future Multilateral Co-operation in the North East Atlantic

Fisheries

North Pacific Anadromous Fish Commission

● Convention for the Conservation of Anadromous Stock in the North Pacific

Ocean,entered into force on 16 February 1993.

Pacific Salmon Commission

● Pacific Salmon Treaty,entered into force in 1985.

Southeast Atlantic Fisheries Organization

● Convention on the Conservation and management of Fishery Resources in the

South East Atlantic Ocean, entered into force in April 1993.

Southwest Indian Ocean Fisheries Commission

● Resolution and Statute of the Southwest Indian Ocean Fisheries Commission.

South Pacific Regional Fisheries Management Organization.

● Convention on the Conservation and Management of High Seas Fishery Resources

in the South Pacific Ocean,entered into force on 24 August 2012 .

Western and Central Pacific Fisheries Commission

● Convention on the Conservation and Management of High Migratory Fish Stocks in

the Western and Central Pacific Ocean, entered into force on 19 June 2004.
 ZONES OF THE SEA6

Several sections of UNCLOS are concerned with delineating the regions of the oceans
over which states may exercise varying degrees of sovereignty. These sections
provide a balance of national control with freedom of use by all nations. The 1994
Agreement relating to the Implementation of Part XI of the United Nations
Convention on the Law of the Sea supplements UNCLOS.

Specialized Bodies Established by UNCLOS

International Seabed Authority.

The International Seabed Authority is an autonomous international organization

established under the 1982 United Nations Convention on the Law of the Sea and the
1994 Agreement relating to the Implementation of Part XI of the United Nations
Convention on the Law of the Sea.

Commission on the Limits of the Continental Shelf.

The Commission on the Limits of the Continental Shelf was established to facilitate
the implementation of UNCLOS in respect of the establishment of the outer limits of
the continental shelf beyond 200 nautical miles from the baselines from which the
breadth of the territorial sea is measured. The responsibilities of the Commission are
set forth in Annex II of UNCLOS.

6Agreement relating to the implementation of Part XI of the United Nations

Convention on the Law of the Sea of 10 December 1982. (March 15, 2017, 10:45
PM),
<http://www.un.org/depts/los/convention_agreements/convention_overview_part_xi.h
tml>
 BIBLIOGRAPHY

Nordquist, United Nations Convention on the Law of the Sea 1982: A Commentary
(http://www.worldcat.org/title/united-nations-convention-on-the-law-of-the-sea-1982-
a- commentary/oclc/11971392&referer=brief_results)

Koers & Oxman, The 1982 Convention on the Law of the Sea: Proceedings, Law of
the Sea Institute Seventeenth Annual Conference (http://www.worldcat.org/title/1982-
convention-on-the- law-of-the-sea-proceedings-law-of-the-sea-institute-seventeenth-
annual- conference/oclc/10777782&referer=brief_results)

International Ocean Institute, Ocean Yearbook (http://www.worldcat.org/title/ocean-

yearbook/oclc/4659410&referer=brief_results)

Colson & Smith, International Maritime Boundaries

(http://www.worldcat.org/title/international- maritime-
boundaries/oclc/676607508&referer=brief_results)

Rothwell, Eleferink, Oude, Scott & Stephens, The Oxford Handbook of the Law of
the Sea (https://www.worldcat.org/title/oxford-handbook-of-the-law-of-the-
sea/oclc/889183957&referer=brief_results)

https://www.asil.org/sites/default/files/ERG_LOS.pdf