September 24, 1082: Resumed 11th session of the Third United Nations Conference on the Law of the Sea to prepare the final text of the UNCLOS. (©UN Audiovisual Library)
The United Nations Convention on the Law of the Sea (UNCLOS) was universally adopted in 1982. Since then, it has become synonymous with the "Constitution for the Oceans." By far, it is the most far-reaching treaty ever negotiated under the United Nations auspices. Its aim is the giant task of fostering long-term international maritime peace and security.
Last in the series
First part Order on the Sea: Tracing the Genesis of UNCLOS
Second part Order on the Sea: Finding Early UNCLOS Unity One Piece at a Time
Third part: Order On the Sea: 1958 Geneva Conference Tackles Marine Boundaries
Fourth part: Order on the Sea: The Second UN Conference Failures and Achievements
The third UN Conference on the Law of the Sea was attended by 160 states over 11 sessions from 1973-1982. Finally, on December 10, 1982, the conference adopted the Universal Convention with its 320 articles and nine annexes. The convention was opened for signature at the United Nations Headquarters in New York on July 01, 1983. Eleven years later, it entered into force after the deposit of the 60th instrument of ratification on November 16, 1994. [
In 1983, the convention was quickly signed by 119 nations, which then took it to their governments for ratification. Part XI, covering the international legal guidelines for deep-sea mining, entered into force on July 28, 1996. That was 30 days following the deposit of the 40th instrument of ratification. It should also be noted that matters not regulated by this convention continued to be governed by the rules and principles of general international law.
Success of the Third UN Conference
Many important limits on the different maritime zones of coastal states were agreed upon in the third UN Conference. These included the overall definitions of the territorial sea, contiguous zone, exclusive economic zone, and continental shelf. While all concerned problems related to these were not settled, the agreements achieved represented a major accomplishment.
Most participants agreed on a territorial sea of 12 nautical miles, and an exclusive economic zone of 200 nautical miles from the baseline. There was also agreement on regimes of passage of ships through, and of aircraft over, the critical sea lanes of the world.
The conference established the rights and obligations of coastal states on the one hand and the international community on the other. Unlike most other treaties, a unique feature of the new convention was that it contained mandatory dispute settlement provisions.
Significant Changes on the High Seas
Further, the third conference made very significant changes in the high seas regime.
It reduced the area in which all classic high seas freedoms were obtained by at least one-third. It also provided for unimpeded transit through, over, and under routes used for international navigation. This encompassed connecting points from outside sovereign coastal state waters to domestic or third-country destinations. Furthermore, these routes for international navigation applied irrespective of the extension of coastal state internal waters, territorial sea, or archipelagos along them.
Accordingly, it rejected the notion that such extensions, even lawful ones, could automatically subject all other states to the attendant coastal state powers. This was argued by Bernard H Oxman in a 1978 paper published in the American Journal of International Law.
Signatories to UNCLOS acknowledged that all developments from the first two United Nations conferences held at Geneva in 1958 and 1960 accentuated the need for a new and generally acceptable convention on the law of the sea. Through this, a legal order for the seas and oceans was adopted with due regard for all states' sovereignty.
The same legal order was to facilitate international communication and ambitiously promote peaceful uses of the seas and oceans. It sought the equitable and efficient utilization of ocean resources along with the conservation of their living resources. Finally, it promoted the study, protection, and preservation of the marine environment.
Where China Stands
Though China has ratified UNCLOS, it rejects some of its fundamental binding provisions. Beijing also persistently issues threats that China will consider "withdrawing from UNCLOS" if it receives any "unfavorable" decisions. China's objection and dismissal of the 2016 verdict in favor of the Philippines is a case in point.
That was an arbitral proceeding brought against the People's Republic of China under Annex VII of UNCLOS. China's EEZ and "nine-dash line" claims were disputed and rejected across Asia, the South China Sea, and the East China Sea. China has since adopted a "ten-dash line" in 2023, further expanding its claims, despite the international arbitration ruling.
Thus, despite the many positive and encouraging outcomes of the convention, a few questions have continued to loom large. One is how far did the convention contribute in ensuring international peace and security? Another is how the convention fared in narrowing the gap between developed and developing countries globally.
Seeking the 'Just and Equitable'
These goals provided the environment for the realization of UNCLOS. Participants in the decades-long process hoped to realize a just and equitable international economic order that considers the interests and needs of mankind as a whole. At the same time, it recognized that developing countries, whether coastal or landlocked, had special needs.
There was a belief among the attendees that the codification and progressive development of the Convention on the Law of the Sea would contribute to the strengthening of international peace, security, and cooperation. Their ultimate hope was for friendly relations among all nations in conformity with the principles of justice and equal rights.
This, in turn, would prove instrumental in promoting economic and social advancement throughout the world. That goes to the very fundamental purposes and principles of the United Nations itself as outlined in its charter.
Making UNCLOS Real
While the third UN Convention did significantly contribute to the cause of peace, critical challenges continue to loom. In the contemporary scene, those include challenges requiring global efforts and consensus-building to resolve. This must happen to ensure that world affairs run via the international rule of law rather than by employing arbitrary, unilateral force.
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Author: Dr Monika Chansoria
Follow Dr Chansoria's "Order on the Sea" series and find her column "All Politics is Global" on JAPAN Forward, and X (formerly Twitter). The views expressed here are those of the author and do not reflect the views of any organization with which she is affiliated.
