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United Nations Convention on the Law of the Sea
The
United Nations Convention on the Law of the Sea
lays down a comprehensive regime of law and order in the world's oceans and seas
establishing rules governing all uses of the oceans and their resources. It
enshrines the notion that all problems of ocean space are closely interrelated
and need to be addressed as a whole.
The Convention was opened for signature on 10
December 1982 in Montego Bay, Jamaica. This marked the culmination of more than
14 years of work involving participation by more than 150 countries representing
all regions of the world, all legal and political systems and the spectrum of
socio/economic development. At the time of its adoption, the Convention embodied
in one instrument traditional rules for the uses of the oceans and at the same
time introduced new legal concepts and regimes and addressed new concerns. The
Convention also provided the framework for further development of specific areas
of the law of the sea.
The Convention entered into force in
accordance with its article 308 on 16 November 1994, 12 months after the date of
deposit of the sixtieth instrument of ratification or accession. Today, it is
the globally recognized regime dealing with all matters relating to the law of
the sea.
Georgia ratified Convention in 21
March 1996. Please see :Consolidated
table of ratifications/accessions, etc. (pdf format)
The Convention (full
text) comprises 320 articles and nine annexes, governing all
aspects of ocean space, such as delimitation, environmental control, marine
scientific research, economic and commercial activities, transfer of technology
and the settlement of disputes relating to ocean matters.
- Some of the key features of the Convention are
the following:
* Coastal States exercise sovereignty over their territorial sea which they
have the right to establish its breadth up to a limit not to exceed 12
nautical miles; foreign vessels are allowed "innocent passage" through those
waters;
- * Ships and aircraft of all countries are
allowed "transit passage" through straits used for international navigation;
States bordering the straits can regulate navigational and other aspects of
passage;
- * Archipelagic States, made up of a group or
groups of closely related islands and interconnecting waters, have sovereignty
over a sea area enclosed by straight lines drawn between the outermost points
of the islands; the waters between the islands are declared archipelagic
waters where States may establish sea lanes and air routes in which all other
States enjoy the right of archipelagic passage through such designated sea
lanes;
- * Coastal States have sovereign rights in a
200-nautical mile exclusive economic zone (EEZ) with respect to natural
resources and certain economic activities, and exercise jurisdiction over
marine science research and environmental protection;
- * All other States have freedom of navigation
and overflight in the EEZ, as well as freedom to lay submarine cables and
pipelines;
- * Land-locked and geographically disadvantaged
States have the right to participate on an equitable basis in exploitation of
an appropriate part of the surplus of the living resources of the EEZ's of
coastal States of the same region or sub-region; highly migratory species of
fish and marine mammals are accorded special protection;
- * Coastal States have sovereign rights over
the continental shelf (the national area of the seabed) for exploring and
exploiting it; the shelf can extend at least 200 nautical miles from the
shore, and more under specified circumstances;
- * Coastal States share with the international
community part of the revenue derived from exploiting resources from any part
of their shelf beyond 200 miles;
- * The Commission on the Limits of the
Continental Shelf shall make recommendations to States on the shelf's outer
boundaries when it extends beyond 200 miles;
- * All States enjoy the traditional freedoms of
navigation, overflight, scientific research and fishing on the high seas; they
are obliged to adopt, or cooperate with other States in adopting, measures to
manage and conserve living resources;
- * The limits of the territorial sea, the
exclusive economic zone and continental shelf of islands are determined in
accordance with rules applicable to land territory, but rocks which could not
sustain human habitation or economic life of their own would have no economic
zone or continental shelf;
- * States bordering enclosed or semi-enclosed
seas are expected to cooperate in managing living resources, environmental and
research policies and activities;
- * Land-locked States have the right of access
to and from the sea and enjoy freedom of transit through the territory of
transit States;
- * States are bound to prevent and control
marine pollution and are liable for damage caused by violation of their
international obligations to combat such pollution;
- * All marine scientific research in the EEZ
and on the continental shelf is subject to the consent of the coastal State,
but in most cases they are obliged to grant consent to other States when the
research is to be conducted for peaceful purposes and fulfils specified
criteria;
- * States are bound to promote the development
and transfer of marine technology "on fair and reasonable terms and
conditions", with proper regard for all legitimate interests;
- * States Parties are obliged to settle by
peaceful means their disputes concerning the interpretation or application of
the Convention;
- * Disputes can be submitted to the
International Tribunal for the Law of the Sea established under the
Convention, to the International Court of Justice, or to arbitration.
Conciliation is also available and, in certain circumstances, submission to it
would be compulsory. The Tribunal has exclusive jurisdiction over deep seabed
mining disputes.

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