United Nations Convention on the Law of the Sea
(Montego Bay, 10 December 1982)

OBJECTIVES

        The United Nations Convention on the Law of the Sea lays down a comprehensive regime of law and order for the world's oceans and seas, establishing rules governing all uses of the oceans and seas 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. 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. Today, it is the globally recognized regime dealing with all matters relating to the law of the sea.


KEY PROVISIONS

        The Convention represents an attempt to create a legal order for the seas and oceans, which will facilitate international cooperation, and will promote the peaceful uses of the seas and oceans, the equitable utilization of their resources, the conservation of their living resources, and the study, protection and preservation of the marine environment.  The Convention is in many respects a framework Convention in light of the fact that many of its provisions, being of a general nature, can only be further implemented through the adoption of relevant international rules and standards developed by or through the competent international organization or organizations.  Key provisions of the Convention include:  

• Coastal States exercise sovereignty over their territorial sea, which they have the right to establish up to a limit not exceeding 12 nautical miles; 
• Archipelagic States, made up of a group or groups of closely interrelated islands and interconnecting waters, have sovereignty over a sea area enclosed by straight lines drawn between the outermost points of the islands;
• Foreign ships can exercise the rights of "innocent passage" through the territorial sea and archipelagic waters, "transit passage" through straits used for international navigation and archipelagic sea lanes passage through archipelagic sea lanes. The exercise of such rights is subject to the duty to comply with the relevant international rules and standards and the laws and regulations of the coastal and archipelagic States, and of the States bordering the strait;
• Coastal States have sovereign rights in a 200-nautical mile exclusive economic zone (EEZ) with respect to exploring, exploiting, conserving and managing the natural resources, living and non-living, and with regard to other activities for the economic exploitation and exploration of the zone; coastal States also exercise jurisdiction with regard to marine scientific research and the protection and preservation of the marine environment;
• 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 EEZs of coastal States of the same region or sub-region; land-locked States also have the right of access to and from the sea and enjoy freedom of transit through the territory of transit States;
• All States enjoy freedom of navigation and overflight in the EEZ, as well as freedom to lay submarine cables and pipelines;
• Coastal States have sovereign rights over the continental shelf for the purpose of exploring it and exploiting its natural resources; the shelf extends to a distance of at least 200 nautical miles; data on the outer limits of the continental shelf beyond 200 nautical miles must be submitted to the Commission on the Limits of the Continental Shelf;
• Coastal States share with the international community part of the revenue derived from exploiting non-living resources from any part of their shelf beyond 200 nautical miles;
• All States enjoy, inter alia, 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;
• States bordering enclosed or semi-enclosed seas should coordinate the management, conservation, exploration and exploitation of living resources; the implementation of their rights and duties with respect to the protection and preservation of the marine environment and scientific research policies and activities;
• The seabed beyond the limits of national jurisdiction (the Area) and its mineral resources are the common heritage of mankind; the exploration and exploitation of the mineral resources are to be carried out for the benefit of mankind as a whole, and under the control of the International Seabed Authority, which is also responsible for ensuring the protection of the marine environment from harmful effects which may arise from activities in the Area;
• States have an obligation to protect and preserve the marine environment and are required to take all measures necessary to prevent, reduce and control pollution of the marine environment from any source; to ensure that activities under their jurisdiction or control do not spread to areas beyond their jurisdiction and do not cause damage by pollution to other States and their environment; and to protect and preserve rare and fragile ecosystems, as well as the habitat of depleted, threatened or endangered species and other forms of marine life;
• States are responsible for the fulfillment of their international obligations concerning the protection and preservation of the marine environment and shall be liable in accordance with international law;
• All marine scientific research in the EEZ and on the continental shelf is subject to the consent of the coastal State, which must normally be granted if the research is conducted for peaceful purposes and in order to increase scientific knowledge of the marine environment for the benefit of mankind;
• States are bound to promote the development and transfer of marine technology "on fair and reasonable terms and conditions", with due regard for all legitimate interests;
• States Parties are obliged to settle disputes between them concerning the interpretation or application of the Convention by peaceful means;

• Under the compulsory procedures entailing binding decisions, disputes can be submitted to the International Tribunal for the Law of the Sea established under the Convention, to the International Court of Justice, to an arbitral tribunal, or to a special arbitral tribunal. Conciliation is also available and, in certain circumstances, submission to it would be compulsory. The Tribunal has exclusive jurisdiction over disputes relating to activities in the Area.

ENTRY INTO FORCE  

The Convention entered into force 16 November 1994, 12 months after the date of deposit of the sixtieth instrument of ratification or accession.


HOW TO BECOME A PARTY 

         The Convention is closed for signatures. The Convention is open for ratification by States and the other entities referred to in article 305, paragraph 1 (c), (d) and (e), and to, formal confirmation by international organizations, in accordance with Annex IX.  The Convention is also open for accession by States and other entities referred to in article 305, and by international organizations, in accordance with Annex IX.   and accession. Pursuant to Annex IX, an international organization may deposit its the instrument of formal confirmation or accession only if when a majority of its member States deposit or  have deposited their instruments of ratification or accession. 


OPTIONAL AND/OR MANDATORY DECLARATIONS 

         When signing, ratifying or acceding to the Convention or at any time thereafter, a State may choose by means of a written declaration one or more of the listed means for the settlement of disputes concerning the interpretation or application of the Convention.
        A State, when signing, ratifying or acceding to the Convention may make declarations or statements, however phrased or named, with a view, inter alia, to the harmonization of its laws and regulations with the provisions of the Convention, provided that such declarations or statements do not purport to exclude or to modify the legal effect of the provisions of the Convention in their application to that State.
        The instruments deposited by the international organization shall contain the undertakings and declarations required by articles 4 and 5 of Annex IX. 


RESERVATIONS 

         No reservations may be made to the Convention unless expressly permitted by other articles of this Convention.    


WITHDRAWAL/DENUNCIATION 

         Denunciation is effected by a written notification to the Secretary-General as depositary and takes effect one year after the date of receipt, unless the notification specifies a later date.   


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