LAW OF THE SEA

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LAW OF THE SEA
Evolution of Law of the Sea

• Terrestrial disputes over land as old as Humans

• Marine disputes delayed until cultural and
  technical advances

• When recognition of value of coastal resources ,
  increasing conflicts or

• Competing claims solved by mutual agreement
• Beginning of development of Law of the Sea (LoS)

• With increasing use of sea (fishing gas oil etc),
  need for LoS overwhelming

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Note that here considering Public international
Law Not Commercial Transport of Goods- separate
Laws
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UN Convention on the Law of the Sea (UNCLOS)

• Some pre WWII conferences, BUT
• Major steps forward with UN conferences on LoS
• Held 1958, 1960 and 1973
• Most recent UN Conventions on LoS opened for
  signature 1982
• Development of important concepts including
  territorial seas (1958)

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Territorial Waters

• Originally control of a coastal area was through
  power

• Example of Venice in Adriatic 13th century.
• Maintained control of sea routes even though
  limited sovereignty

• Concept of waters adjacent to a country being
  under their jurisdiction

• Beyond territorial waters are high seas or
  international waters

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• International waters essentially no jurisdiction
  (Mare Liberum)
• Free passage through Territorial waters

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• Problems
• Where do territorial waters extend from and to?
  Bays, Straits etc

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Variable interpretation!
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• Importance of Rockall
• Officially annexed by UK in 1955, made part of UK
  in 1972

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Exclusive Economic Zones (EEZs)

• Zone over which a nation has exclusive economic
  exploitation rights
• Explore, conserve manage and exploit all living
  and non-living resources

• Now only about 60 of ocean is not EEZ

• Oil and Gas major examples of where important

• EEZ 188 nautical miles beyond territorial waters

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N.B. nautical miles!!!
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UN Convention on LoS NOT fully ratified Problems
over particularly

• Mineral extraction rights in International Waters

• UNCLOS idea of open oceans as an international
  resource
• ALL Nations should benefit from these high seas
  resources

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• Exploitation of International Sea Bed- Example of
  manganese nodules

• Developed nations (who could exploit) would not
  sign (esp. USA)

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Future of LoS Can expect to see further
development on LoS as pressure on and utilisation
of ocean and its resources increase
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