UNCLOS III

Assignment for Chief Mate (Unlimited) Orals

Shanmugalingam Chathuranga
Table of Contents
1 Introduction ............................................................................................................................. 1
1.1 UNCLOS .......................................................................................................................... 1
1.1.1 UNCLOS I & II ........................................................................................................ 1
1.1.2 UNCLOS III.............................................................................................................. 1
2 The Outcomes of the UNCLOS III.......................................................................................... 1
2.1 Introduction of baselines .................................................................................................. 1
2.1.1 Normal baseline ........................................................................................................ 1
2.1.2 Reefs ......................................................................................................................... 2
2.1.3 Straight baselines ...................................................................................................... 2
2.1.4 Juridical bays ............................................................................................................ 2
2.1.5 Low-tide elevations ................................................................................................... 3
2.1.6 Baseline of archipelagic State ................................................................................... 3
2.1.7 Disputes of maritime boundaries .............................................................................. 4
2.2 The jurisdictional zones as per UNCLOS III ................................................................... 4
2.2.1 Internal waters ........................................................................................................... 4
2.2.2 Territorial sea ............................................................................................................ 5
2.2.3 Contiguous zone........................................................................................................ 5
2.2.4 Exclusive Economic Zone (EEZ) ............................................................................. 5
2.2.5 Continental Shelf (CS) .............................................................................................. 6
2.2.6 High seas ................................................................................................................... 7
3 Codification of the UNCLOS .................................................................................................. 8
3.1 EEZ as EFZ & EPZ .......................................................................................................... 8
3.2 The right of hot pursuit..................................................................................................... 8
3.3 Removal of wrecks ........................................................................................................... 9
4 UNCLOS’s role in prevention marine pollution in high seas ................................................. 9
5 Conclusion ............................................................................................................................. 11
6 References ............................................................................................................................. 12

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Table of Figures
Figure 1 : Straight baseline ............................................................................................................. 2
Figure 2 : Distance test ................................................................................................................... 2
Figure 3 : Semi-circle test ............................................................................................................... 2
Figure 4 : Low-tide elevations ........................................................................................................ 3
Figure 5 : Archipelagic State .......................................................................................................... 3
Figure 6 : Maritime zones under UNCLOS III ............................................................................... 4
Figure 7 : Maritime zones of Sri Lanka .......................................................................................... 6
Figure 8 : Continental shelf............................................................................................................. 7
Figure 9 : High seas ...................................................................................................................... 10
Figure 10 : 200 nm EEZ drawn with a geospatial tool ................................................................. 11

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1 Introduction
Around 71 % of the Earth’s surface is covered with water, with more than 96 % held in oceans. 80
% of the volume of international trade in goods is carried by sea, and at any one time there are
more than 30 million people at sea. Early days the oceans were largely governed by the 17th
century concept of the ‘freedom of the seas’ which is not suitable for the present demands.

1.1 UNCLOS
The United Nations Convention on the Law of the Sea (UNCLOS) sets out an international legal
framework governing the oceans, including shipping. It defines the rights and responsibilities of
nations in their use of the world’s oceans, establishing guidelines for businesses, the
environment, and the management of marine natural resources.
1.1.1 UNCLOS I & II
UNCLOS I (1956) and the UNCLOS II (1960) were considered success, those left open the
important issue of breadth of territorial waters. Developing nations and third world countries
participated only as clients, allies, or dependents of powerful nations.
1.1.2 UNCLOS III
The issue of varying claims of territorial waters was raised in the UN and the third United Nations
Conference on the Law of the Sea convened in 1973, the conference lasted until 1982. The
resulting convention came into force in 1994.

2 The Outcomes of the UNCLOS III

The convention introduced a number of provisions. The most significant issues covered were
setting limits, navigation, archipelagic status and transit regimes, exclusive economic
zones (EEZs), continental shelf jurisdiction, deep seabed mining, the exploitation regime,
protection of the marine environment, scientific research, and settlement of disputes.
The convention set the limit of various areas, measured from a carefully defined baseline.
Aside from its provisions defining ocean boundaries, the convention establishes general
obligations for safeguarding the marine environment and protecting freedom of scientific research
on the high seas, and also creates an innovative legal regime for controlling mineral resource
exploitation in deep seabed areas beyond national jurisdiction.

2.1 Introduction of baselines

A baseline, as defined by the UNCLOS III, is the line along the coast from which the seaward
limits of a State's territorial sea and certain other maritime zones of jurisdiction are measured, such
as a State's exclusive economic zone. Normally, a sea baseline follows the low-water line of a
coastal State.
2.1.1 Normal baseline
Except where otherwise provided in this Convention, the normal baseline for measuring the
breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts
officially recognized by the coastal State.

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2.1.2 Reefs
In the case of islands situated on atolls or of islands having fringing reefs, the baseline for
measuring the breadth of the territorial sea is the seaward low-water line of the reef, as shown by
the appropriate symbol on charts officially recognized by the coastal State.
2.1.3 Straight baselines
In localities where the coastline is deeply indented and cut into, or if there is a fringe of islands
along the coast in its immediate vicinity, the method of straight baselines joining appropriate points
may be employed in drawing the baseline from which the breadth of the territorial sea is measured.

Figure 1 : Straight baseline

2.1.4 Juridical bays
The length of the bay closing line does not exceed 24 nm or the enclosed area is at least large as
or larger than the that of a semi-circle which’s diameter is equal to the closing line. The bay area
with pecked closing lines in below figures are not considered as juridical bays.

Figure 2 : Distance test Figure 3 : Semi-circle test

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2.1.5 Low-tide elevations
Low-tide elevation is a naturally formed area of land which is surrounded by and above water at
low tide but submerged at high tide. Where a low-tide elevation is situated wholly or partly at a
distance not exceeding the breadth of the territorial sea from the mainland or an island, the low-
water line on that elevation is used as the baseline for measuring the breadth of the territorial sea.

Figure 4 : Low-tide elevations

2.1.6 Baseline of archipelagic State
An archipelagic State may draw straight archipelagic baselines joining the outermost points of the
outermost islands and drying reefs of the archipelago provided that within such baselines are
included the main islands and an area in which the ratio of the area of the water to the area of the
land, including atolls, is between 1 to 1 and 9 to 1. No archipelagic baseline may exceed 125 nm.

Figure 5 : Archipelagic State

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2.1.7 Disputes of maritime boundaries
As the determination of maritime boundary is always related with baselines regulation, then most
point of disputes of maritime boundaries generally comes from the application of baselines
regulation by coastal States.
Where the coasts of two States are opposite or adjacent to each other, neither of the two States is
entitled, failing agreement between them to the contrary, to extend its territorial sea beyond the
median line every point of which is equidistant from the nearest points on the baselines from which
the breadth of the territorial seas of each of the two States is measured.
However, where it is necessary by reason of historic title or other special circumstances to delimit
the territorial seas of the two States in a way which it varies.

2.2 The jurisdictional zones as per UNCLOS III

Figure 6 : Maritime zones under UNCLOS III

2.2.1 Internal waters
Covers all water and waterways on the landward side of the baseline. The coastal State is free to
set laws, regulate use, and use any resource. In inland waters, sovereignty of the State is equal to
that which it exercises on the mainland.
Foreign vessels have no right of passage within internal waters. Ships entering internal waters must
conform with the rules and regulations of the coastal or port State (Port State Control).
In the case of ships proceeding to internal waters or a call at a port facility outside internal waters,
the coastal State also has the right to take the necessary steps to prevent any breach of the
conditions to which admission of those ships to internal waters or such a call is subject.

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2.2.2 Territorial sea
The territorial sea can be defined as the area which extends up to 12 nm from the baseline of a
country’s coastal State. The coastal States have sovereignty and unlimited jurisdiction over all
(including foreign) activities unless restrictions are imposed by law.
The territorial sea is under the sovereignty and jurisdiction of that particular country; however,
foreign ships (both merchant and military) ships are allowed passage through it.
These rights extend not only on the surface but also to the seabed, subsoil, and even airspace. But
the coastal States’ rights are limited by the innocent passage through the territorial sea.
2.2.2.1 Innocent passage
Innocent passage is defined as 'continuous and expeditious' navigation through the territorial sea
from and to any other sea zone. The passage, to be characterized as innocent, must not be
prejudicial to the peace, good order and security of the coastal State.
However, the right to the innocent passage can be suspended if there is a threat to the security of
the coastal State.
The coastal State can also exercise jurisdiction if, any kind of activities in the territorial vessel has
consequences extending to the coastal State, there is a threat to the peace of the coastal country or
there is illicit traffic or smuggling of drug.
Transit passage do not afford the coastal State a similar right. This means that transit passage
cannot be denied, hampered or impaired because of the application of the laws and regulations of
the coastal State.
2.2.3 Contiguous zone
The contiguous zone can be defined as the belt which extends 12 nm beyond the territorial sea
limit. The contiguous zone is the zone contiguous to the territorial sea where a coastal State may
exercise control for preventing and punishing infringement of its laws and regulations concerning
customs, fiscal, immigration or sanitary matters within its territory or territorial sea as well as the
removal of archaeological and historical objects found at sea.
It is an intermediary zone acts as a buffer to ensure that rules are followed within the 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.
It is possible that vessels carrying noxious dangerous substances or waste may be turned away on
public health or environmental grounds.
2.2.4 Exclusive Economic Zone (EEZ)
The exclusive economic zone can be defined as a belt of water which extends up to 200 nm from
the baseline of the coastal State. Thus, it includes both territorial sea and contiguous zone.
The exclusive economic zone provides the coastal State control over all economic resources such
as fishing, mining, oil exploration, energy production from water and wind and marine research.
The coastal State also has jurisdiction regarding protection and preservation of natural resources
and marine environment.
The coastal State therefore can take action to prevent infringement by third parties of its economic
assets in this area. In order to safeguard these rights, the coastal State may take necessary measures
including boarding, inspection, arrest and judicial proceedings, as may be necessary to ensure
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compliance with the international laws and regulations. Unlike the territorial sea and the
contiguous zone, the EEZ only allows for the above-mentioned resource rights. It does not give a
coastal State the right to prohibit or limit freedom of navigation or overflight, subject to very
limited exceptions.

Figure 7 : Maritime zones of Sri Lanka

2.2.5 Continental Shelf (CS)
A continental shelf is a portion of a continent that is submerged under an area of relatively shallow
water. The continental shelf of a coastal State comprises the seabed and subsoil of the submarine
areas that extend beyond its territorial sea throughout the natural prolongation of its land territory
to the outer edge of the continental margin, or to a distance of 200 nm from the baselines. In any

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case it’s outer limit shall not exceed 350 nm from the baseline or shall not exceed 100 nm from
the 2500 meters isobath.
The coastal State has exclusive rights for exploring and exploiting its natural resources in seabed
and subsoil in this area. The State also has the exclusive rights to authorize and regulate drilling
on the shelf for all purposes. If continental shelf extends beyond 200 nm, nations will get sovereign
rights over natural resources of the seabed and subsoils only sovereign rights of the water column
is not valid here in the extended continental shelf.

Figure 8 : Continental shelf

2.2.6 High seas
The high seas shall be reserved for peaceful purposes. No State may validly purport to subject any
part of the high seas to its sovereignty. Every State, whether coastal or land-locked, has the right
to sail ships flying its flag on the high seas. The high seas are open to all States, whether coastal
or land-locked. Freedom of the high seas is exercised under the conditions laid down by this
convention and by other rules of international law.
It comprises, among other things, both for coastal and land-locked States:
Freedom of navigation.
Freedom of overflight.
Freedom to lay submarine cables and pipelines.
Freedom to construct artificial islands and other installations permitted under international law.
Freedom of fishing.
Freedom of scientific research.
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These freedoms shall be exercised by all States with due regard for the interests of other States in
their exercise of the freedom of the high seas, and also with due regard for the rights under this
convention with respect to activities in the area.

3 Codification of the UNCLOS

The United Nations Convention on the Law of the Sea (UNCLOS) sets out an international legal
framework governing the oceans, including shipping. UNCLOS codifies the rules underlying the
nationality (registry) of ships, the right of innocent passage for merchant vessels through other
nations’ territorial waters, etc.
UNCLOS codified the rights and responsibilities of countries with regard to the world’s oceans.
Codification and progressive development of the law will contribute to the strengthening of peace,
security, cooperation and friendly relations among all nations in conformity with the principles of
justice and equal rights and will promote the economic and social advancement of all peoples of
the world, in accordance with the purposes and principles of the United Nations.
The codification shall avoid overlapping, inconsistency or incompatibility existed between
UNCLOS and IMO treaties adopted between 1973 and 1982.
Overlapping or potential conflict between the work of IMO and UNCLOS was avoided by the
inclusion in several IMO conventions of provisions which State specifically that their text did not
prejudice the codification and development of the law of the sea in the UNCLOS.
UNCLOS treaties for progressive development and the codification
The Convention on the Territorial Sea and the Contiguous Zone.
The Convention on the High Seas.
The Convention on Fishing and Conservation of the Living Resources of the High Seas.
The Convention on the Continental Shelf.

3.1 EEZ as EFZ & EPZ

During the negotiations for the UNCLOS the trend towards a 200-mile maritime zone, called the
exclusive economic zone, gained widespread support and became acceptable, under certain
conditions, also for the developed countries and the major naval powers. The UNCLOS codifies
the exclusive economic zone, as a sui generis zone (Exclusive Fishing Zones (EFZs) Ecological
Protection Zones (EPZs)) where the coastal State enjoys certain sovereign rights and jurisdictions
and the other States retain certain high seas freedoms.

3.2 The right of hot pursuit

The right of hot pursuit empowers a coastal State to pursue onto the high seas a vessel that has
violated its laws while within its waters, thereby denying to the offending vessel the opportunity
to escape punishment by attempting to hide behind the right of free navigation designed to protect
innocent vessels.
Exception to exclusive flag State jurisdiction, with the predominant rationale being that the high
seas should not be a safe haven for those who attempt to escape the lawful jurisdiction of another
State. Maritime zones in which pursuit must be commenced when the foreign ship or one of its
boats is within the internal waters, the archipelagic waters, the territorial sea or the contiguous
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zone of the pursuing State extends the right mutatis mutandis to violations occurring in the
exclusive economic zone or on the continental shelf. The right may only be invoked for offences
that occur within these zones.

3.3 Removal of wrecks

Several provisions in the UNCLOS are relevant to the removal of wrecks, including the general
obligation on States to protect and preserve the marine environment. A potential improvement to
the current process of wreck removal and associated cost recovery is provided by the Nairobi
International Convention on the Removal of Wrecks 2007.
The Nairobi convention provides the legal basis for States to remove from their EEZ’s wrecks
which pose a hazard to the safety of navigation or to the marine and coastal environments, or both.
It will make shipowners financially liable and require them to take out insurance or provide other
financial security to cover the costs of wreck removal. It will also provide States with a right of
direct action against insurers.

4 UNCLOS’s role in prevention marine pollution in high seas

As explained in paragraph 2.2.6, the high seas are defined by international law as all parts of the
ocean that aren't included in the exclusive economic zone, the territorial sea, or the internal waters
of a country, or in the archipelagic waters of an archipelagic country.
Oceans feed us, regulate our climate, and generate most of the oxygen we breathe. They also serve
as the foundation for much of the world's economy, supporting sectors from tourism to fisheries
to international shipping. 64% of the ocean is considered the high seas. The high seas are some of
the most biologically productive in the world teeming with plankton and home to ocean giants like
predatory fish, whales, and sharks. The seabed absorbs tremendous amounts of carbon and the
ocean volume traps heat, slowing the effects of climate change on land and in the atmosphere
dramatically.
According to UNCLOS Every State shall take measures to prevention, reduction, and control of
marine pollution from ships. Another important recent global agreement of the UNCLOS which
contains a number of provisions relevant to disposal of various substances by ships at sea including
dumping of radio-active waste. UNCLOS would appear to bring all fishing fleet nations within the
framework of the MARPOL Annex V for preventing loss and discard of debris and garbage
generally and fishing gear specifically. It also contains several provisions that have direct
relevance for regulating discharge of fishing gear by vessels at sea, though similar loopholes exist.
UNCLOS also clarified the major difficulty of the MARPOL convention for determining who has
authority and jurisdiction to investigate and prosecute pollution violators by codifying the duties
and powers of States to protect the flag State. Each State is required to ensure that vessels flying
its flag or carrying its registry comply with pertinent international rules and standards.
Because these areas are largely far from coastlines, the myriad human activities and corresponding
impacts on marine life in those areas are extremely challenging to monitor and control. The marine
ecosystems in these areas are subject to negative impacts from human activities in many sectors
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from shipping to marine pollution to overfishing and potentially to deep seabed mining, as well as
impacts from climate change all compounded by lack of oversight and comprehensive and
coherent governance.
The International Seabed Authority (ISA) is mandated to regulate the exploration for, and
exploitation of, seabed mineral resources in the seafloor beyond the limits of the coastal continental
shelf is what is termed “the Area” for the benefit of humankind. On this map shown in Figure 9,
exclusive economic zones are shown in white and high seas, or areas beyond national jurisdiction
(ABNJ), are shown in light green.

Figure 9 : High seas

The ISA has the power to allocate certain parts of the Area to countries for exploration and
mining. However, many other activities (like fishing and shipping) also occur on the high seas,
and a number of regional and sectoral organizations with different responsibilities contribute to
its governance, which has been characterized as fragmented.
UNCLOS that would allow for more effective management and protection of the high seas. This
internationally legally binding instrument is often referred to as the Biodiversity in Areas
Beyond National Jurisdiction treaty, or “BBNJ treaty.” This treaty focuses on four main areas:
Conservation and sustainable use of marine biological diversity in ABNJ, including marine
genetic resources.
Area-based management tools, including marine protected areas.
Environmental impact assessments.
Capacity building and the transfer of marine technology.

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5 Conclusion
The major drawback in the UNCLOS is that it’s biggest beneficiaries of the introduction of EEZs
are those countries with a huge coastline (Russia, Australia) and big archipelago island States
(Indonesia, Japan), small nations are affected widely in this consent.
The parameters that define piracy in the UNCLOS might seem arbitrary, they do have significant
impact on the ability of external actors (foreign entities to the territorial waters) to influence and
assist when acts of piracy are committed. Foreign naval/military forces are not able to act within
territorial waters without that States' express permission. This can be exploited by illegal actors
and is something that is particularly effective in the territorial waters of poor nations without
their own effective naval enforcement; effectively providing sanctuary and freedom of
manoeuvre to pirates.

As per the UNCLOS in the maritime security context, it remains debated as to whether the
coastal State can set and enforce laws to restrict movement of privately contracted armed
security personnel (PCASP), forbid maritime security operations (including making illegal the
carriage or discharge of weapons) within the territorial sea, or if enacting such legislation would
be prejudicial to general freedom of navigation and the regime of innocent passage.
To resolve maritime boundary disputes geospatial tools can be used. In this case, dedicated
software provides geodetic calculation and analyzing tools to better process and interpret
bathymetric data. Deep bathymetric data is required to define the 2500 m isobath and the
morphological foot of the slope, both of which are used in the definition of criteria for delimiting
the extension of the juridical continental shelf under the UNCLOS.

Figure 10 : 200 nm EEZ drawn with a geospatial tool

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6 References
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[10] “What Is High Seas Governance?: Ocean Exploration Facts: NOAA Ocean Exploration.”
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