The international law on the sea offers a framework for behavior that must be
followed, particularly in connection to commercial interests. It controls marine
navigation, oil and gas extraction, and fishing. Regulations also apply to the
preservation of the marine ecosystem and the use of other deep-sea resources.
The legislation creates several legal zones on the oceans. It provides standards
controlling the rights & jurisdiction of the coastline and flag states with
respect to these zones and specifies the legal standing and boundaries of these
zones. Particularly in relation to economic interests, the international law of
the sea provides an outline for behavior which must be adhered to[1]. Fishing,
oil and gas exploitation, and sea navigation are all under its jurisdiction. The
protection of marine ecology and the utilization of additional deep-sea
resources are likewise subject to regulations.[2]
The continental shelf is covered by particular provisions of UNCLOS, some of
which may extend deep below the EEZ. Similar to the EEZ, only the state with a
coastline has the authority to explore and utilize natural resources in this
region of jurisdiction. Every coastline state in the globe must have a
continental shelf by law and nature, although the breadth of the shelf varies
significantly depending on the local geology.
But as things stand, each coastal
state is allowed to assert a continental shelf that extends as much as 200
nautical miles. Even more, space can be referred to as the continental shelf if
the natural shelf goes beyond 200 nautical miles. The Act establishes a number
of maritime legal zones. It outlines the legal status and limits of these zones
as well as norms governing the rights and authority of the flag and coastal
states with regard to these zones.[3]
The international law of the sea has seen significant changes during the past 30
years. Four important treaties were developed by the inaugural United Nations
Conference for the Law of the Sea in 1958 and were generally embraced by many
governments. It, thus, formed a significant corpus of legislation. In 1960, an
additional United Nations Conference was organized to address the issue of the
territorial sea's breadth, but it was unsuccessful. After 1960, the pace of
events picked up even more, and the 1958 Conventions became quickly out of date.
Acute concerns arose over issues including the deep seabed's legal status, the
200-mile exclusive economic zone, and transit rights across straits, zones, and
archipelagic waterways.
The 3rd United Nations Conference was established to address the whole maritime
legal system, including the aforementioned concerns of course. The Laws of the
Sea Convention, the product of nine years of labor, was finished and made
available for signing in 1982. In its completed form, it codifies the vast
majority, if not the entirety, of international maritime law. A large portion of
this Convention is in a form that is acceptable to almost all governments,
although certain nations disagree with particular provisions.
For instance, the
main Western industrial countries find Part XI on deep seabed mining to be
inherently objectionable. A legal document of this sort would inevitably contain
several clauses that call for explanation, elaboration, and interpretation.
Given these facts, debate regarding the Convention's interpretation and legal
implications has been raging for the last few years. Hotly contested issues
include the Convention's character as a whole, its legal implications for third
parties, how it interacts with international customary law, and the specific
formulation of its provisions.
Material and Methods:
The present study is a doctrinal study i.e., reference
from available secondary sources like articles, empirical studies, journals,
reports, etc. to analyze the present question in hand.
Issue:
For millennia, humans have used the sea for their benefit, which has frequently
resulted in war. The international community established a thorough framework
for the legal administration of the seas with the passage of the UN Convention
on the Legislation of Sea (UNCLOS) in 1982. This framework has since grown into
a potent body of legislation. However, it is unable to address every issue that
develops. All legal standards relating to the sea and relevant to interactions
between nations are included within the international law on the sea. It
includes guidelines for defining and using marine territories as well as clauses
for safeguarding and exploring the waters. But other areas are outside its
purview, such as those controlled by national laws, such as rules governing port
and harbor activities, and maritime law, which is primarily codified in
Germany's Commercial Code and governs things like the shipping of products.[4]
For hundreds of thousands of years, people merely had a passing interest in the
water since it served as a source of food. But when the major seafaring nations
like the Netherlands, Portugal, and Spain grew in power starting in the 15th
century, these kingdoms were more and more eager to extend their areas of
influence. A race to dominate the oceans, distant islands, and coasts began as a
result of the availability of natural riches and other new goods, which sparked
ambitions. This sparked multiple conflicts and naval engagements. The oceans
have drawn increased attention as a supplier of natural resources including oil
and gas since the middle of the 20th century.
Many coastal governments made an
effort to increase the size of the sea including the seabed within their
sovereign authority. The 200 nautical mile area was claimed by someone.[5] The
idea of "mare liberum" appeared to be a thing of the past. The four Conventions
of Geneva were ultimately ratified under United Nations supervision in 1958
after a first attempt to limit the maximum allowed area of the territorial
waters before an international treaty collapsed in 1930. These international
accords sought to stop the sea from being permanently partitioned between
different nations. This objective was not entirely met, though.
The four Geneva Conventions, or the "old" law of the sea, are now combined into
one pact called UNCLOS. However, it really goes beyond the four in terms of
substance. For instance, the rights of coastal states are enlarged, in certain
circumstances significantly, under the "new" law of the sea in both its
qualitative and quantitative dimensions. For instance, the Exclusive Economic
Zone (EEZ), which extends 200 nautical miles from the coastline baseline, grants
each coastal state the sole right to exploit the fish stocks there. The EEZ was
not recognized by the Geneva Conventions. The International Tribunal on the Laws
of the Sea (ITLOS), which started operations in Hamburg in 1996, is likewise
governed by UNCLOS.[6]
Review of Literature
The majority of scientists concur that the frozen Arctic cap is melting faster
due to climate change. This is an extremely intriguing development from an
economic standpoint for two reasons: first, it may allow for the opening of
alternative, summer shipping routes that are much shorter, like the Passage of
the Northwest and the North Sea Route, which would help with global trade; and
second, it will make it much simpler to access the gas and oil deposits thought
to be under the Arctic seabed. Expeditions have been launched by the other
Arctic littoral states, including Denmark (Greenland), Canada, Norway, and the
United States, to show that parts of the ocean floor are submerged extensions of
their territories. This has sparked media speculation about the possibility of
an "ice-cold war" breaking out in the polar regions.
UNCLOS, which has been referred to as a "constitution for the seas," just offers
a standard for international legal control of the oceans and raises a number of
unresolved issues. This is especially true for elements that have just recently
been determined to be important based on fresh scientific research after UNCLOS
was approved in 1982. For instance, there have been recent finds of mineral
reserves on the seafloor. Changes are also brought on by global warming. In
order to address these new difficulties, UNCLOS may consequently need to be
complemented by further accords.[7]
Argumentation
Developing nations welcomed EEZs, while nations with extensive fishing fleets
were concerned about losing access to the greatest fishing grounds. As a result,
UNCLOS mandated that nations who were considered unable to properly use their
fishing areas let foreign fisheries the "surplus".[8] Especially for African
nations, this has been terrible. The 250 Fishing Access Agreements (FAAs) which
the Soviet Union (formerly Russia), the USA, Japan, and the European Union
countries—later joined by China—had created have given their firms practically
all the revenues and permitted them to overfish with impunity. Traditional
fishing villages and fish stocks have both been completely destroyed.[9]
The business community now has to exert pressure on the UN and other
organizations to fix the most glaring flaws in FAAs and associated joint
ventures. Most FAAs are not transparent, despite the fact that the European
Union currently mandates it for its own. Furthermore, since massive fuel and
"capacity enhancing" subsidies from the government are the only reason
long-distance fishing is ever possible, they have to be eliminated.
Marine experts have drawn attention to the negative environmental effects of
seabed mining, which would harm ecosystems and reduce the ocean's ability to
absorb carbon. Coral reefs and ecosystems will be destroyed by the massive
robots' discharges of sediment, which will traverse hundreds of kilometers.
Noise will disrupt marine migration and breeding patterns, decreasing the
ocean's ability to absorb CO2 further. The line separating exploration from
mining is blurry. Geopolitical conflict is another issue. Few nations control
the exploration phase; hence, they are unlikely to endorse the UNCLOS's
underlying sharing premise. Before the exploration began, consensus would have
been simpler to get to.
Conclusion
Reducing CO2 emissions, a climatic gas, is one of the most urgent concerns on
the environmental policy agenda. The legal framework of the sea is also affected
by this issue. Great hopes are being placed on the ability of the seas and
bottom to store atmospheric CO2. However, this is a complicated matter from the
law of the sea's standpoint, as shown by a current example, namely the
fertilization of the oceans containing iron that provides plant nutrients.
The
goal is to increase phytoplankton primary production, which over time will
absorb CO2 from the earth's atmosphere as it slowly sinks to the ocean floor. In
2009, the idea was tested as part of the Indo-German "Lohafex" maritime research
project.
Despite the fact that UNCLOS provides specific guidelines for
protecting the marine environment, neither iron fertilization nor other
geo-engineering practices are included in the document. The Convention on the
Control of Marine Pollution through Dumping of Wastes as well as Other Matter,
accepted within 1972 (London Convention - LC), and the subsequent 1996 London
Protocol (LP), which clenched and specified the rules of the London Convention,
both provide specific prohibitions against the disposal of waste and other
material at sea.
The boundaries of the current version of the law of the sea are becoming
abundantly obvious as a result of alterations in the marine ecosystem brought on
by global warming. A fresh rush for resources is being sparked by the melting of
the Arctic ice sheets, which is allowing access to hitherto undiscovered mineral
reserves on the seafloor. How much human interference with the marine
environment is now legal under the current legal framework in order to mitigate
the effects of climate change is another contentious question.
The law of the sea, or the oceans' constitution, is under strain from factors
including global warming, species extinction, overfishing, and marine
navigation. The idea of "mare clausum" exemplifies the continual conflict
between the territorialization of the sea and their inherent freedom. In
reaction to new information and developments, it may occasionally be necessary
to modify existing rules, although doing so always carries the danger of
extending national maritime jurisdiction. Any legal examination must always
begin with the UN Convention of the Law of Sea (UNCLOS).
With the Convention,
the hopes and goals of the global community have been combined into a framework
that is nearly universally accepted and that has thus far shown to be more
adaptable and open than frequently thought.
As a result, UNCLOS will continue to
have a normative impact on international law in the twenty-first century. The
need, however, is that governments be prepared to work together and look for
peaceful ways to resolve any disagreements that may develop, particularly in
light of and in reaction to the new problems emerging both above and below the
oceans.
End-Notes:
- United Nations Convention on the Law of the Sea.
- 'See generally D.R. Rothwell & T. Stephens, Illegal Southern Ocean Fishing and Prompt Release: Balancing Coastal and Flag State Rights and Interests, 53 Int'l & Comp. L.Q. 155 (2004); D.J. Agnew, The Illegal and Unregulated Fishery for Toothfish in the Southern Ocean and the CCAMLR Catch Documentation Scheme, 24 Marine Pol. 361 (2000).
- See "Draft Convention Laws of Maritime Jurisdiction in Time of Peace", International Law Association, Report of the 34th Conference (Vienna 1927).
- O'Connell, D. P., "Mid-Ocean Archipelagos in International Law", British Yearbook of International Law, vol. 45, p.1 (1971).
- Santiago, M. D., "The Archipelagic Concept in the Law of the Sea: Problems and Perspectives", Philippine Law Journal, Vol. 49, p.314 (1974).
- See also the related Exclusive Fisheries Zone, as codified in 1958. United Nations Convention on Fishing and Conservation of the Living Resources of the High Seas, 1958.
- https://worldoceanreview.com/en/wor-1/law-of-the-sea/a-constitution-for-the-seas/.
- https://worldoceanreview.com/en/wor-1/law-of-the-sea/limits-to-the-law-of-the-sea/.
- World Economic Forum.
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