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

The United Nations Convention on the Law of the Sea (UNCLOS) is a comprehensive treaty that governs the use and conservation of the world’s oceans and their resources. Adopted on December 10, 1982, and entered into force on November 16, 1994, UNCLOS establishes the legal framework for maritime affairs, promoting peaceful cooperation among nations and ensuring the protection and sustainable use of the marine environment.

Key Principles of UNCLOS

1. Territorial Sea and Contiguous Zone: UNCLOS grants coastal states sovereignty over the territorial sea extending up to 12 nautical miles from their baselines. Beyond the territorial sea, the contiguous zone extends up to 24 nautical miles, allowing states to exercise limited control to prevent and punish specific offenses.
2. Exclusive Economic Zone (EEZ): Coastal states have the right to exploit and manage natural resources in their EEZ, extending up to 200 nautical miles from their baselines. UNCLOS recognizes the coastal state’s jurisdiction over living and non-living resources within this zone.
3. Continental Shelf: UNCLOS defines the continental shelf as the seabed and subsoil beyond the territorial sea, extending up to 200 nautical miles from the baselines. Coastal states have sovereign rights to explore and exploit natural resources in this area.
4. High Seas: UNCLOS declares the high seas, areas beyond national jurisdiction, as the common heritage of humankind. All states have the freedom of navigation, overflight, and fishing on the high seas, subject to international law.
5. Protection of the Marine Environment: UNCLOS emphasizes the protection and preservation of the marine environment. States are required to prevent, reduce, and control pollution from various sources, cooperate on marine research, and take measures to protect endangered marine species.

UNCLOS and Marine Pollution

UNCLOS addresses marine pollution from various sources:

1. Pollution from Land-Based Sources: Article 207 of UNCLOS calls on states to take all necessary measures to prevent, reduce, and control pollution from land-based sources that may cause significant harm to the marine environment.
2. Pollution from Ships: UNCLOS, in conjunction with other conventions like MARPOL, regulates pollution from ships, including oil spills, sewage discharges, and garbage disposal at sea. It sets guidelines for the prevention and response to marine pollution incidents.
3. Environmental Impact Assessments: UNCLOS requires states to conduct environmental impact assessments for activities likely to cause significant harm to the marine environment, such as offshore drilling and seabed mining.
4. Marine Scientific Research: UNCLOS encourages international cooperation in marine scientific research to enhance the understanding of marine ecosystems and potential impacts on the marine environment.

UNCLOS and Sustainable Use of Marine Resources

UNCLOS promotes the sustainable use of marine resources:

1. Fisheries Management: UNCLOS emphasizes the conservation and management of living resources in the EEZ and on the high seas. States are encouraged to cooperate on fisheries management to ensure the long-term sustainability of fish stocks.
2. Protection of Marine Biodiversity: UNCLOS acknowledges the importance of marine biodiversity and the need to protect vulnerable marine ecosystems. It encourages the establishment of marine protected areas (MPAs) to conserve biodiversity and ecosystem integrity.

The United Nations Convention on the Law of the Sea (UNCLOS) serves as the primary legal framework governing the world’s oceans. By establishing clear rules and principles, UNCLOS promotes peaceful cooperation among nations, protects marine environments, and ensures the sustainable use of marine resources. As the challenges of maritime affairs and environmental protection continue to evolve, UNCLOS remains an essential instrument for maintaining the delicate balance between human activities and the health of our oceans for the benefit of present and future generations.

UNCLOS and problem of Arctic

As per the current international law, no country owns the North Pole or the region of the Arctic Ocean surrounding it.

• There are five countries that surround the Arctic viz. Russia, United States (Via Alaska), Canada, Norway & Denmark (Via Green Land).
• However they are limited to an Exclusive Economic Zone (EEZ) which refers to an area of 200 Nautical Miles (370 kilometers) adjacent to their coasts.

The dispute in Arctic Seas is between these 5 countries viz. Russia, United States, Canada, Norway & Denmark. The UNCLOS had given every country a ten year period to make claims to an extended continental shelf which, if approved, gives it exclusive rights to resources on or below the seabed in the vast circumpolar territories. In this context, on October 15, 2010, the Russian scientists have opened a floating polar research station in the Chuckchi Sea at the margin of the Arctic Ocean. The name of the station is Severny Polyus-38 and will be home to 15 researchers for a year. They will conduct polar studies and gather scientific evidence ‘to reinforce Russia’s claims to the Arctic’.