UNITED NATIONS CONVENTION ON THE LAW OF THE SEA

UNCLOS United Nations Convention on the Law of the Sea

 

 

 

The United Nations Convention on the Law of the Sea (UNCLOS) is the international agreement that resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982. The convention was opened for signature on 10 December 1982 and entered into force on 16 November 1994 upon deposition of the 60th instrument of ratification. The convention has been ratified by 167 parties, which includes 166 states (163 United Nations member states plus the UN Observer state Palestine, as well as the Cook Islands and Niue) and the European Union. An additional 14 UN member states have signed, but not ratified the convention. Subsequently, the "Agreement relating to the implementation of Part XI of the United Nations Convention on the Law of the Sea" was signed in 1994, amending the original Convention. The agreement has been ratified by 147 parties (all of which are parties to the Convention), which includes 146 states (143 United Nations member states plus the UN Observer state Palestine, as well as the Cook Islands and Niue) and the European Union. An additional 3 UN member states have signed, but not ratified the Agreement.

 

 

Parties to the Convention

 

Parties (dually) represented by the EU

 

Signatories

 

Non Parties

 

 

A BRIEF HISTORY OF MARINE WASTE POLICY

A number of intergovernmental treaties, protocols and agreements contribute to the global legal framework for marine waste policy, none of which has so far been effective, witness the build up to 8 million tons of plastic that constitutes illegal dumping. The problem is that the myriad of Agreements that exist still leave us with a "Lawless" zone outside of territorial waters and other exclusive economic zones.

 

1 November 1967 - Malta’s Ambassador to the UN, Arvid Pardo, asked the nations of the world to recognize a looming conflict that could devastate the oceans. In a speech to the General Assembly, he called for “an effective international regime over the seabed and the ocean floor beyond a clearly defined national jurisdiction.” 

 

The speech set in motion a process that spanned 15 years and saw: the creation of the UN Seabed Committee; the signing of a treaty banning the emplacement of nuclear weapons on the seabed (currently ignored by the military); the adoption of a declaration by the General Assembly that all resources of the seabed beyond the limits of national jurisdiction are the “common heritage of mankind”; and the convening of the Stockholm Conference on the Human Environment.

 

These were some of the factors that led to the Third UN Conference on the Law of the Sea, during which the UN Convention on the Law of the Sea (UNCLOS) was adopted.

 

UNCLOS: Opened for signature on 10 December 1982, in Montego Bay, Jamaica, UNCLOS entered into force on 16 November 1994. It sets forth the rights and obligations of states regarding the use of the oceans, their resources and the protection of the marine and coastal environment. It is commonly regarded as establishing the legal framework for all activities in the oceans. 

 

MARPOL: The International Maritime Organization (IMO) adopted the International Convention for the Prevention of Pollution from Ships in 1972. This Convention is known as MARPOL and has been amended by two Protocols and several amendments. The MARPOL Convention addresses pollution from ships by garbage among other pollutants. A revised Annex V generally prohibits the discharge, from ships, of all garbage into the sea.

 

LONDON CONVENTION: The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 197, also known as the “London Convention,” has been in force since 1975. It is one of the first global conventions to protect the marine environment from human activities, and seeks to promote the effective control of all sources of marine pollution and to take steps to prevent pollution of the sea by dumping of wastes and other matter. The “London Protocol” was agreed to in 1996 and entered into force in 2006. Under the Protocol, all dumping is prohibited, except for possibly acceptable wastes on a “reverse list.”

 

GPA: The Global Programme of Action for the Protection of the Marine Environment from Land-based Activities was created in 1995. This agreement seeks to protect and preserve the marine environment from the impacts of land-based activities, and deals with all land-based impacts on the marine environment, including those resulting from sewage and litter.

 

REGIONAL SEAS: In addition, 18 Regional Seas Programs, Conventions and Protocols, 13 of which administered by UNEP, also contain provisions relevant to the prevention of marine pollution, including marine litter.

 

 

World map showing the five great ocean garbage patches

 

PLASTIC WASTE WORLD MAP - This world map derived from a National Geographic source, shows that the North Pacific Gyre is by far the largest - and divided into three regions, the western, sub-tropical-convergence zone and eastern garbage patches. We estimate these patches collectively to be around 80,000 tons in mass.

 

 

UNCLOS

 

The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982. The Law of the Sea Convention defines the rights and responsibilities of nations with respect to their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources. The Convention, concluded in 1982, replaced four 1958 treaties. UNCLOS came into force in 1994, a year after Guyana became the 60th nation to sign the treaty. As of January 2015, 166 countries and the European Union have joined in the Convention. However, it is uncertain as to what extent the Convention codifies customary international law.

While the Secretary General of the United Nations receives instruments of ratification and accession and the UN provides support for meetings of states party to the Convention, the UN has no direct operational role in the implementation of the Convention. There is, however, a role played by organizations such as the International Maritime Organization, the International Whaling Commission, and the International Seabed Authority (ISA). (The ISA was established by the UN Convention.)

 

 

 

NATIONAL TERRITORIAL LIMITS - In the early 20th century, some nations expressed their desire to extend national claims: to include mineral resources, to protect fish stocks, and to provide the means to enforce pollution controls. (The League of Nations called a 1930 conference at The Hague, but no agreements resulted.) Using the customary international law principle of a nation's right to protect its natural resources, President Truman in 1945 extended United States control to all the natural resources of its continental shelf. Other nations were quick to follow suit. Between 1946 and 1950, Chile, Peru, and Ecuador extended their rights to a distance of 200 nautical miles (370 km) to cover their Humboldt Current fishing grounds. Other nations extended their territorial seas to 12 nautical miles (22 km).

By 1967, only 25 nations still used the old three-mile (5 km) limit, while 66 nations had set a 12-nautical-mile (22 km) territorial limit and eight had set a 200-nautical-mile (370 km) limit. As of 28 May 2008, only two countries still use the three-mile (5 km) limit: Jordan and Palau. That limit is also used in certain Australian islands, an area of Belize, some Japanese straits, certain areas of Papua New Guinea, and a few British Overseas Territories, such as Anguilla.

 

 

UNCLOS III

The issue of varying claims of territorial waters was raised in the UN in 1967 by Arvid Pardo, of Malta, and in 1973 the Third United Nations Conference on the Law of the Sea was convened in New York. In an attempt to reduce the possibility of groups of nation-states dominating the negotiations, the conference used a consensus process rather than majority vote. With more than 160 nations participating, the conference lasted until 1982. The resulting convention came into force on 16 November 1994, one year after the sixtieth state, Guyana, ratified the treaty.

The convention introduced a number of provisions. The most significant issues covered were setting limits, navigation, archipelagic status and transit regimes, exclusive economic zones (EEZs), continental shelf jurisdiction, deep seabed mining, the exploitation regime, protection of the marine environment, scientific research, and settlement of disputes.

The convention set the limit of various areas, measured from a carefully defined baseline. (Normally, a sea baseline follows the low-water line, but when the coastline is deeply indented, has fringing islands or is highly unstable, straight baselines may be used.) The areas are as follows:

Internal waters

Covers all water and waterways on the landward side of the baseline. The coastal state is free to set laws, regulate use, and use any resource. Foreign vessels have no right of passage within internal waters.

Territorial waters

Out to 12 nautical miles (22 kilometres; 14 miles) from the baseline, the coastal state is free to set laws, regulate use, and use any resource. Vessels were given the right of innocent passage through any territorial waters, with strategic straits allowing the passage of military craft as transit passage, in that naval vessels are allowed to maintain postures that would be illegal in territorial waters. "Innocent passage" is defined by the convention as passing through waters in an expeditious and continuous manner, which is not "prejudicial to the peace, good order or the security" of the coastal state. Fishing, polluting, weapons practice, and spying are not "innocent", and submarines and other underwater vehicles are required to navigate on the surface and to show their flag. Nations can also temporarily suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the protection of its security.

Archipelagic waters

The convention set the definition of Archipelagic States in Part IV, which also defines how the state can draw its territorial borders. A baseline is drawn between the outermost points of the outermost islands, subject to these points being sufficiently close to one another. All waters inside this baseline are designated Archipelagic Waters. The state has full sovereignty over these waters (like internal waters), but foreign vessels have right of innocent passage through archipelagic waters (like territorial waters).

Contiguous zone

Beyond the 12-nautical-mile (22 km) limit, there is a further 12 nautical miles (22 km) from the territorial sea baseline limit, the contiguous zone, in which a state can continue to enforce laws in four specific areas: customs, taxation, immigration and pollution, if the infringement started within the state's territory or territorial waters, or if this infringement is about to occur within the state's territory or territorial waters. This makes the contiguous zone a hot pursuit area.

Exclusive economic zones (EEZs)

These extend from the edge of the territorial sea out to 200 nautical miles (370 kilometres; 230 miles) from the baseline. Within this area, the coastal nation has sole exploitation rights over all natural resources. In casual use, the term may include the territorial sea and even the continental shelf. The EEZs were introduced to halt the increasingly heated clashes over fishing rights, although oil was also becoming important. The success of an offshore oil platform in the Gulf of Mexico in 1947 was soon repeated elsewhere in the world, and by 1970 it was technically feasible to operate in waters 4000 metres deep. Foreign nations have the freedom of navigation and overflight, subject to the regulation of the coastal states. Foreign states may also lay submarine pipes and cables.

Continental shelf

The continental shelf is defined as the natural prolongation of the land territory to the continental margin’s outer edge, or 200 nautical miles (370 km) from the coastal state's baseline, whichever is greater. A state's continental shelf may exceed 200 nautical miles (370 km) until the natural prolongation ends. However, it may never exceed 350 nautical miles (650 kilometres; 400 miles) from the baseline; or it may never exceed 100 nautical miles (190 kilometres; 120 miles) beyond the 2,500 meter isobath (the line connecting the depth of 2,500 meters). Coastal states have the right to harvest mineral and non-living material in the subsoil of its continental shelf, to the exclusion of others. Coastal states also have exclusive control over living resources "attached" to the continental shelf, but not to creatures living in the water column beyond the exclusive economic zone.

Aside from its provisions defining ocean boundaries, the convention establishes general obligations for safeguarding the marine environment and protecting freedom of scientific research on the high seas, and also creates an innovative legal regime for controlling mineral resource exploitation in deep seabed areas beyond national jurisdiction, through an International Seabed Authority and the Common heritage of mankind principle.

Landlocked states are given a right of access to and from the sea, without taxation of traffic through transit states.

 

 

 

The United States Senate is a legislative chamber in the bicameral legislature of the United States, and together with the U.S. House of Representatives makes up the U.S. Congress. First convened in 1789, the composition and powers of the Senate are established in Article One of the U.S. Constitution. Each state is represented by two senators, regardless of population, who serve staggered six-year terms. The Senate chamber is located in the north wing of the Capitol, in Washington, D.C. The House of Representatives convenes in the south wing of the same building.

The Senate has several exclusive powers not granted to the House, including consenting to treaties as a precondition to their ratification and consenting to or confirming appointments of Cabinet secretaries, federal judges, other federal executive officials, military officers, regulatory officials, ambassadors, and other federal uniformed officers, as well as trial of federal officials impeached by the House. 

 

 

http://www.senate.gov/

 

USA - OUTLAWS OF THE SEA

 

UNCLOS was first negotiated 30 years ago when U.S. President Ronald Reagan objected to it because, he argued, it would jeopardize U.S. national and business interests, most notably with respect to seabed mining. A major renegotiation in 1994 addressed his concerns, and the United States signed. Now, the U.S. Navy and business community are among UNCLOS' strongest supporters. So, too, was the George W. Bush administration, which tried to get the treaty ratified in 2007 but failed due to Republican opposition in the Senate.

 

Today's opponents, including Ayotte, DeMint, and Portman, focus on two issues. First, they argue, the treaty is an unacceptable encroachment on U.S. sovereignty; it empowers an international organization - the International Seabed Authority - to regulate commercial activity and distribute revenue from that activity. Yet sovereignty is not a problem: During the 1994 renegotiation, the United States ensured that it would have a veto over how the ISA distributes funds if it ever ratified the treaty. As written, UNCLOS would actually increase the United States' economic and resource jurisdiction. In fact, Ayotte, DeMint, and Portman's worst fears are more likely to come to pass if the United States does not ratify the treaty. If the country abdicates its leadership role in the ISA, others will be able to shape it to their own liking and to the United States' disadvantage.

 

The opponents' second claim is that the treaty would prevent the U.S. Navy from undertaking unilateral action, such as collecting intelligence in the Asia-Pacific region, because permission to do so is not explicitly granted in the text. According to Admiral Samuel Locklear, commander of U.S. Pacific Command, however, "The convention in no way restricts our ability or legal right to conduct military activities in the maritime domain." On the contrary, as U.S. Defense Secretary Leon Panetta put it, U.S. accession to the convention "secures our freedom of navigation and overflight rights as bedrock treaty law." Even so, critics point out, the ultimate indispensability of U.S. naval power means that the country can receive the benefits of the convention without being bound by it. Since the world seems to have functioned perfectly well in this halfway house for some time, it would make no sense to codify the convention now. It would be comforting if all that were true. It isn't.

 

UNCLOS has become an important barometer of U.S. power in the Pacific Ocean. At stake is the country's capacity to uphold, preserve, and strengthen a rules-based order in Asia as China rises. In July 2010, at the ASEAN Regional Forum (ARF) in Hanoi, U.S. Secretary of State Hillary Clinton stated that the United States believes that all maritime territorial disputes in the South China Sea must be resolved multilaterally and in accordance with international law. It is a policy that she repeated at the deadlocked 2012 ARF in Cambodia. For its part, China objected to the "multilateralization" of maritime disputes then and continues to do so now. Beijing believes that it is more likely to make gains if it strikes individual bargains with weaker powers, including Manila and Hanoi. The other capitals realize this, which is why they welcomed Clinton's commitment to multilateralism.

 

A strong multilateral structure in Asia is a prerequisite to balancing Chinese assertiveness. The United States should not take sides in other countries' disputes, but it can and must insist upon a strong regional framework to ensure that a rising China does not destabilize the status quo. On this issue, the 34 senators who oppose the treaty are taking Beijing's side. They are speaking up for the bilateralism and unilateralism that will harm the U.S.-led regional order in the Asia-Pacific. No doubt, news of Ayotte and Portman's recent declarations was greeted warmly in Beijing. U.S. allies and strategic partners in South East Asia, meanwhile, will be even more doubtful of Washington's capacity to maintain its leadership role. It is strategic multilateralism in the Atlantic that helped the United States to win the twentieth century. Without concordant multilateralism in the Asia-Pacific, it will not fare so well in the twenty-first.

 

The 34 senators who object to UNCLOS are not unique in favoring sovereignty and freedom of action over working within a strategic environment. They are following in the footsteps of those senators after World War II who initially objected to the Marshall Plan, the Truman Doctrine, and new alliances because they imposed costs on the United States and violated its autonomy. U.S. President Harry Truman argued that these multilateral commitments were a part of an international order that would make the world safer for the United States. The positive case failed to convince the Senate. In response, Truman focused his energy on exploiting fear of the Soviet Union and managed to secure the necessary political support for his strategy. Fear won where hope could not.

 

Today, the positive case is again failing to convince the Senate. But unlike in the 1940s, fear will not work today. First, China is not nearly as threatening as the Soviet Union once was. Second, the United States and its friends in Asia need China to be a part of the solution. If it is not, Asia will be ripe for disruption and destabilization. That over one-third of the Senate fails to appreciate this is a cause for concern. And the blind spot is not confined to maritime security. For example, Washington should be pressing Beijing to participate in existing arms control agreements, such as the Intermediate-Range Treaty of Nuclear Forces, instead of objecting on principle to any treaty that constrains freedom of action. The Senate's intransigence, if it continues, will make new treaties practically useless as a tool of U.S. national security policy. President Obama and his successors will need to find ways to build multilateral structures through less formal partnerships and coalitions of the willing, which do not require Senate ratification, as well as existing structures such as the ARF. Although these options are important, they also have significant limitations and will not exert as much pressure on China to comply. 

 

 

 

As holiday beaches go, this is an environmental and financial disaster. This may not be an immediate problem for UNCLOS enforcement, but it is evidence of a lack of local controls that is sure to lead to international law breaking.

 

 

It all goes back to our dependence on oil. The by product, plastic, is so useful that we could not do without it today. For that reason, we need to take responsibility for our needs, by making provision to clean up our mess sustainably. We cannot afford fleets of trawlers manned by humans to scoop up the harmful soup, and that is where semi-autonomous robots could come to the rescue.

 

 

 

SEAVAX 'ENTERPRISE 1' - This is a proof of concept boat for a robot ship that is designed to vacuum up plastic waste from the ocean based on the Bluefish ZCC concept. The vessel is solar and wind powered. The front end (right) is modified so that there is a wide scoop area, into which plastic waste is funneled as the ship moves forward. The waste is pumped into a large holding bay after treatment, then stored until it can be off-loaded. The front of the ship carries two large wind turbines that generate electricity in combination with deck and wing mounted solar panels to power the onboard processing machinery. The system can be semi-autonomous, such that in robot mode the ships alert HQ to any potential problems and share data as to progress for backers. A whole cleanup mission can be controlled from land, with visuals and data streams. A SeaVax would operate using a search program called SeaNet.

 

 

United Nations Convention on the Law of the Sea (UNCLOS)

(Montego Bay, 10 December 1982)

 

 PREAMBLE
 

 PART I. INTRODUCTION

 

 Article 1. Use of terms and scope
 

 PART II. TERRITORIAL SEA AND CONTIGUOUS ZONE

 

 SECTION  1. GENERAL PROVISIONS

 Article  2. Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil

 SECTION  2. LIMITS OF THE TERRITORIAL SEA

 Article  3. Breadth of the territorial sea
 Article  4. Outer limit of the territorial sea
 Article  5. Normal baseline
 Article  6. Reefs
 Article  7. Straight baselines
 Article  8. Internal waters
 Article  9. Mouths of rivers
 Article 10. Bays
 Article 11. Ports
 Article 12. Roadsteads
 Article 13. Low-tide elevations
 Article 14. Combination of methods for determining baselines
 Article 15. Delimitation of the territorial sea between States with  opposite or adjacent coasts
 Article 16. Charts and lists of geographical co-ordinates

 SECTION  3. INNOCENT PASSAGE IN THE TERRITORIAL SEA

 Subsection A. Rules Applicable to all Ships

 Article 17. Right of innocent passage
 Article 18. Meaning of passage
 Article 19. Meaning of innocent passage
 Article 20. Submarines and other underwater vehicles
 Article 21. Law and regulations of the coastal State relating to  innocent passage
 Article 22. Sea lanes and traffic separation schemes  in  the  territorial sea
  Article 23. Foreign nuclear-powered ships and ships carrying nuclear  or other inherently dangerous or noxious substances
 Article 24. Duties of the coastal State
 Article 25. Rights of protection of the coastal State
 Article 26. Charges which may be levied upon foreign ships

 Subsection B. Rules Applicable to Merchant Ships and Government Ships
 Operated for Commercial Purposes

 Article 27. Criminal jurisdiction on board a foreign ship
 Article 28. Civil jurisdiction in relation to foreign ships

 Subsection C. Rules Applicable to Warships and Other Government Ships
 Operated for Non-Commercial Purposes

 Article 29. Definition of warships
 Article 30. Non-compliance by warships with the laws and regulations  of the coastal State
 Article 31. Responsibility of the flag State for damage caused by a  warship or other government ship-operated for non-commercial purposes
 Article 32. Immunities of warships and other government ships operated for non-commercial purposes

 SECTION  4. CONTIGUOUS ZONE

 Article 33. Contiguous zone
 

 PART III. STRAITS USED FOR INTERNATIONAL NAVIGATION

 

 SECTION  1. GENERAL PROVISIONS

 Article 34. Legal status of waters forming straits used for international navigation
 Article 35. Scope of this Part
 Article 36. High seas routes or routes through exclusive economic zones through straits used for international navigation

 SECTION 2. TRANSIT PASSAGE

 Article 37. Scope of this section
 Article 38. Right of transit passage
 Article 39. Duties of ships and aircraft during transit passage
 Article 40. Research and survey activities
 Article 41. Sea lanes and traffic separation schemes in straits used for international navigation
 Article 42. Laws and regulations of States bordering straits relating to transit passage 
 Article 43. Navigational and safety aids and other improvements and the prevention, reduction and control of pollution
 Article 44. Duties of States bordering straits

 SECTION 3. INNOCENT PASSAGE

 Article 45. Innocent passage
 

 PART IV. ARCHIPELAGIC STATES

 

 Article 46. Use of terms
 Article 47. Archipelagic baselines
 Article 48. Measurement of the breadth of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf
 Article 49. Legal status of archipelagic waters, of the air space over archipelagic waters and of their bed and subsoil
 Article 50. Delimitation of internal waters
 Article 51. Existing agreements, traditional fishing rights and existing submarine cables
 Article 52. Right of innocent passage
 Article 53. Right of archipelagic sea lanes passage
 Article 54. Duties of ships and aircraft during their passage, research and survey activities, duties of the archipelagic State and laws  and  regulations of the archipelagic State  relating  to archipelagic sea lanes passage
 

 PART V. EXCLUSIVE ECONOMIC ZONE

 

 Article 55. Specific legal regime of the exclusive economic zone
 Article 56. Rights, jurisdiction and duties of the coastal State in the exclusive economic zone
 Article 57. Breadth of the exclusive economic zone
 Article 58. Rights and duties of other States in the exclusive economic zone
 Article 59. Basis for the resolution of conflicts regarding the
 attribution of rights and jurisdiction in the exclusive economic zone
 Article 60. Artificial islands, installations and structures in the
 exclusive economic zone
 Article 61. Conservation of the living resources
 Article 62. Utilization of the living resources
 Article 63. Stocks occurring within the exclusive economic zones of two or more coastal States or both within the exclusive economic zone and in an area beyond and adjacent to it 
 Article 64. Highly migratory species
 Article 65. Marine mammals
 Article 66. Anadromous stocks
 Article 67. Catadromous species
 Article 68. Sedentary species
 Article 69. Right of land-locked States
 Article 70. Right of geographically disadvantaged States
 Article 71. Non-applicability of articles 69 and 70
 Article 72. Restrictions on transfer of rights
 Article 73. Enforcement of laws and regulations of the coastal State
 Article 74. Delimitation of the exclusive economic zone between States with opposite or adjacent coasts
 Article 75. Charts and lists of geographical co-ordinates
 

 PART VI. CONTINENTAL SHELF

 

 Article 76. Definition of the continental shelf
 Article 77. Rights of the coastal State over the continental shelf
 Article 78. Legal status of the superjacent waters and air space and the rights and freedoms of other States
 Article 79. Submarine cables and pipelines on the continental shelf
 Article 80. Artificial islands, installations and structures on the continental shelf
 Article 81. Drilling on the continental shelf
 Article 82.  Payments and contributions with  respect  to  the exploitation of the continental shelf beyond 200 nautical miles
 Article 83. Delimitation of the continental shelf between States with opposite or adjacent coasts
 Article 84. Charts and lists of geographical co-ordinates
 Article 85. Tunnelling
 

 PART VII. HIGH SEAS

 

 SECTION 1. GENERAL PROVISIONS

 Article 86. Application of the provisions of this Part
 Article 87. Freedom of the high seas
 Article 88. Reservation of the high seas for peaceful purposes
 Article 89. Invalidity of claims of sovereignty over the high seas
 Article 90. Right of navigation
 Article 91. Nationality of ships
 Article 92. Status of ships
 Article 93. Ships flying the flag of the United Nations,  its specialized agencies and the International Atomic Energy Agency
 Article 94. Duties of the flag State
 Article 95. Immunity of warships on the high seas
 Article 96. Immunity of ships used only on government non-commercial service
 Article 97. Penal jurisdiction in matters of collision or any other incident of navigation
 Article 98. Duty to render assistance
 Article 99. Prohibition of the transport of slaves
 Article 100. Duty to co-operate in the repression of piracy
 Article 101. Definition of piracy
 Article 102. Piracy by a warship, government ship or government aircraft whose crew has mutinied
 Article 103. Definition of a pirate ship or aircraft
 Article 104. Retention or loss of the nationality of a pirate ship or aircraft
 Article 105. Seizure of a pirate ship or aircraft
 Article 106. Liability for seizure without adequate grounds
 Article 107. Ships and aircraft which are entitled to seize on account of piracy
 Article 108. Illicit traffic in narcotic drugs or psychotropic substances
 Article 109. Unauthorized broadcasting from the high seas
 Article 110. Right of visit
 Article 111. Right of hot pursuit
 Article 112. Right to lay submarine cables and pipelines
 Article 113. Breaking or injury of a submarine cable or pipeline
 Article 114. Breaking or injury by owners of a submarine cable or pipeline of another submarine cable or pipeline
 Article 115. Indemnity for loss incurred in avoiding injury to a submarine cable or pipeline

 SECTION 2. CONSERVATION AND MANAGEMENT OF THE
 LIVING RESOURCES OF THE HIGH SEAS

 Article 116. Right to fish on the high seas
 Article 117. Duty of States to adopt with respect to their nationals measures for the conservation of the living resources of the high seas
 Article 118. Co-operation of States in the conservation and management of living resources
 Article 119. Conservation of the living resources of the high seas
 Article 120. Marine mammals
 

 PART VIII. REGIME OF ISLANDS

 

 Article 121. Regime of islands
 

 PART IX. ENCLOSED OR SEMI-ENCLOSED SEAS

 

 Article 122. Definition
 Article 123. Co-operation of States bordering enclosed or semi-enclosed seas
 

 PART X. RIGHT OF ACCESS OF LAND-LOCKED STATES TO AND FROM THE SEA AND FREEDOM OF TRANSIT

 

 Article 124. Use of terms
 Article 125. Right of access to and from the sea and freedom of transit
 Article 126. Exclusion of application of the most-favoured nation clause
 Article 127. Customs duties, taxes and other charges
 Article 128. Free zones and other customs facilities
 Article 129. Co-operation in the construction and improvement of means of transport
 Article 130. Measures to avoid or eliminate delays or other difficulties of a technical nature in traffic in transit
 Article 131. Equal treatment in maritime ports
 Article 132. Grant of greater transit facilities
 

 PART XI. THE AREA

 

 SECTION 1. GENERAL PROVISIONS

 Article 133. Use of terms
 Article 134. Scope of this Part
 Article 135. Legal status of the superjacent waters and air space

 SECTION 2. PRINCIPLES GOVERNING THE AREA

 Article 136. Common heritage of mankind
 Article 137. Legal status of the Area and its resources
 Article 138. General conduct of States in relation to the Area
 Article 139. Responsibility to ensure compliance and liability for damage
 Article 140. Benefit of mankind
 Article 141. Use of the Area exclusively for peaceful purposes
 Article 142. Rights and legitimate interests of coastal States
 Article 143. Marine scientific research
 Article 144. Transfer of technology
 Article 145. Protection of the marine environment
 Article 146. Protection of human life
 Article 147. Accommodation of activities in the Area and in the marine environment
 Article 148. Participation of developing States in activities in the Area
 Article 149. Archaeological and historical objects

 SECTION 3. DEVELOPMENT OF RES0URCES OF THE AREA

 Article 150. Policies relating to activities in the Area
 Article 151. Production policies
 Article 152. Exercise of powers and functions by the Authority
 Article 153. System of exploration and exploitation
 Article 154. Periodic review
 Article 155. The Review Conference

 SECTION 4. THE AUTHORITY

 Subsection A. General Provisions

 Article 156. Establishment of the Authority
 Article 157. Nature and fundamental principles of the Authority
 Article 158. Organs of the Authority

 Subsection B. The Assembly

 Article 159. Composition, procedure and voting
 Article 160. Powers and functions

 Subsection C. The Council

 Article 161. Composition, procedure and voting
 Article 162. Powers and functions
 Article 163. Organs of the Council
 Article 164. The Economic Planning Commission
 Article 165. The Legal and Technical Commission

 Subsection D. The Secretariat

 Article 166. The Secretariat
 Article 167. The staff of the Authority
 Article 168. International Character of the Secretariat
 Article 169. Consultation and co-operation with international and non-governmental organizations

 Subsection E. The Enterprise

 Article 170. The Enterprise

 Subsection F. Financial Arrangements of the Authority

 Article 171. Funds of the Authority
 Article 172. Annual budget of the Authority
 Article 173. Expenses of the Authority
 Article 174. Borrowing power of the Authority
 Article 175. Annual audit

 Subsection G. Legal Status, Privileges and Immunities

 Article 176. Legal status
 Article 177. Privileges and immunities
 Article 178. Immunity from legal process
 Article 179. Immunity from search and any form of seizure
 Article 180. Exemption from restrictions, regulations, controls and moratoria
 Article 181. Archives and official communications of the Authority
 Article 182. Privileges and Immunities of certain persons connected with the Authority
 Article 183. Exemption from taxes and customs duties

 Subsection H. Suspension of the exercise of rights and privileges of Members

 Article 184. Suspension of the exercise of voting rights
 Article 185. Suspension of exercise of rights and privileges of membership

 SECTION 5. SETTLEMENT OF DISPUTES AND ADVISORY OPINIONS

 Article 186. Sea-Bed Disputes Chamber of the International Tribunal for the Law of the Sea
 Article 187. Jurisdiction of the Sea-Bed Disputes Chamber
 Article 188. Submission of disputes to a special chamber of the International Tribunal for the Law of the Sea or an ad hoc chamber of the Sea-Bed Disputes Chamber or to binding commercial arbitration
 Article 189. Limitation on jurisdiction with regard to decisions of the Authority
 Article 190. Participation and appearance of sponsoring States Parties in proceedings
 Article 191. Advisory opinions

 

 PART XII. PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT

 

 SECTION 1. GENERAL PROVISIONS

 Article 192. General obligation
 Article 193. Sovereign right of States to exploit their natural resources
 Article 194. Measures to prevent, reduce and control pollution of the marine environment
 Article 195. Duty not to transfer damage or hazards or transform one type of pollution into another
 Article 196. Use of technologies or introduction of alien or new species

 SECTION 2. GLOBAL AND REGIONAL CO-OPERATION

 Article 197. Co-operation on a global or regional basis
 Article 198. Notification of imminent or actual damage
 Article 199. Contingency plans against pollution
 Article 200. Studies, research programmes and exchange of information and data
 Article 201. Scientific criteria for regulations

 SECTION 3. TECHNICAL ASSISTANCE

 Article 202. Scientific and technical assistance to developing States
 Article 203. Preferential treatment for developing States

 SECTION 4. MONITORING AND ENVIRONMENTAL ASSESSMENT

 Article 204. Monitoring of the risks or effects of pollution
 Article 205. Publication of reports
 Article 206. Assessment of potential effects of activities

 SECTION 5. INTERNATIONAL RULES AND NATIONAL LEGISLATION TO PREVENT, REDUCE AND CONTROL POLLUTION OF THE MARINE ENVIRONMENT

 Article 207. Pollution from land-based sources
 Article 208. Pollution from sea-bed activities
 Article 209. Pollution from activities in the Area
 Article 210. Pollution by dumping
 Article 211. Pollution from vessels
 Article 212. Pollution from or through the atmosphere

 SECTION 6. ENFORCEMENT

 Article 213. Enforcement with respect to pollution from landbased sources
 Article 214. Enforcement with respect to pollution from  seabed activities
 Article 215. Enforcement with respect to pollution from activities in the Area
 Article 216. Enforcement with respect to pollution by dumping
 Article 217. Enforcement by flag States
 Article 218. Enforcement by port States
 Article 219. Measures relating to seaworthiness of vessels to avoid pollution
 Article 220. Enforcement by coastal States
 Article 221. Measures to avoid pollution arising from maritime casualties
 Article 222. Enforcement with respect to pollution from or through the atmosphere

 SECTION 7. SAFEGUARDS

 Article 223. Measures to facilitate proceedings
 Article 224. Exercise of powers of enforcement
 Article 225. Duty to avoid adverse consequences in the exercise of the powers of enforcement
 Article 226. Investigation of foreign vessels
 Article 227. Non-discrimination with respect to foreign vessels
 Article 228. Suspension and restrictions on institution of proceedings
 Article 229. Institution of civil proceedings
 Article 230. Monetary penalties and the observance of recognized rights of the accused
 Article 231. Notification to the flag State and other States concerned
 Article 232. Liability of States arising from enforcement measures
 Article 233. Safeguards with respect to straits used for international navigation

 SECTION 8. ICE-COVERED AREAS

 Article 234. Ice-covered areas

 SECTION 9. RESPONSIBILITY AND LIABILITY

 Article 235. Responsibility and liability

 SECTION 10. SOVEREIGN IMMUNITY

 Article 236. Sovereign immunity

 SECTION 11. OBLIGATIONS UNDER 01 HER CONVENTIONS ON THE PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT

 Article 237. Obligations under other conventions on the protection and preservation of the marine environment

 

PART XIII. MARINE SCIENTIFIC RESEARCH

 

 SECTION 1. GENERAL PROVISIONS

 Article 238. Right to conduct marine scientific research
 Article 239. Promotion of marine scientific research
 Article 240. General principles for the conduct of marine scientific research
 Article 241. Non-recognition of marine scientific research activities as the legal basis for claims

 SECTION 2. INTERNATIONAL CO-OPERATION

 Article 242. Promotion of international co-operation
 Article 243. Creation of favourable conditions
 Article 244.  Publication and dissemination of information  and knowledge

 SECTION 3. CONDUCT AND PROMOTION OF MARINE
 SCIENTIFIC RESEARCH

 Article 245. Marine scientific research in the territorial sea
 Article 246. Marine scientific research in the exclusive economic zone and on the continental shelf
 Article 247. Marine scientific research projects undertaken by or under the auspices of international organizations
 Article 248. Duty to provide information to the coastal State
 Article 249. Duty to comply with certain conditions
 Article 250. Communications concerning marine scientific research projects
 Article 251. General criteria and guidelines
 Article 252. Implied consent
 Article 253. Suspension or cessation of marine scientific research activities
 Article 254. Rights of neighbouring land-locked and geographically disadvantaged States
 Article 255. Measures to facilitate marine scientific research and assist research vessels
 Article 256. Marine scientific research in the Area
 Article 257. Marine scientific research in the water column beyond the exclusive economic zone

 SECTION 4. SCIENTIFIC IC RESEARCH INSTALLATIONS OR
 EQUIPMENT IN THE MARINE ENVIRONMENT

 Article 258. Deployment and use
 Article 259. Legal status
 Article 260. Safety zones
 Article 261. Non-interference with shipping routes
 Article 262. Identification markings and warning signals

 SECTION 5. RESPONSIBILITY AND LIABILITY

 Article 263. Responsibility and liability

 SECTION 6. SETTLEMENT OF DISPUTES AND INTERIM
 MEASURES

 Article 264. Settlement of disputes
 Article 265. Interim measures
 

 PART XIV. DEVELOPMENT AND TRANSFER OF
 MARINE TECHNOLOGY

 

 SECTION 1. GENERAL PROVISIONS

 Article 266. Promotion of the development and transfer of marine technology
 Article 267. Protection of legitimate interests
 Article 268. Basic objectives
 Article 269. Measures to achieve the basic objectives

 SECTION2. INTERNATIONAL CO-OPERATION

 Article 270. Ways and means of international co-operation
 Article 271. Guidelines, criteria and standards
 Article 272. Co-ordination of international programmes
 Article 273. Co-operation with international organizations and the Authority
 Article 274. Objectives of the Authority

 SECTION 3. NATIONAL AND REGIONAL MARINE SCIENTIFIC
 AND TECHNOLOGICAL CENTRES

 Article 275. Establishment of national centres
 Article 276. Establishment of regional centres
 Article 277. Functions of regional centres

 SECTION 4. CO-OPERATION AMONG INTERNATIONAL
 ORGANIZATIONS

 Article 278. Co-operation among international organizations
 

 PART XV. SETTLEMENT OF DISPUTES

 

 SECTION 1. GENERAL PROVISIONS

 Article 279. Obligation to settle disputes by peaceful means
 Article 280. Settlement of disputes by any peaceful means chosen by the parties
 Article 281. Procedure where no settlement has been reached by the parties
 Article 282. Obligations under general, regional or  bilateral agreements
 Article 283. Obligation to exchange views
 Article 284. Conciliation
 Article 285. Application of this section to disputes submitted pursuant to Part XI

 SECTION 2. COMPULSORY PROCEDURES ENTAILING
 BINDING DECISIONS

 Article 286. Application of procedures under this section
 Article 287. Choice of procedure
 Article 288. Jurisdiction
 Article 289. Experts
 Article 290. Provisional measures
 Article 291. Access
 Article 292. Prompt release of vessels and crews
 Article 293. Applicable law
 Article 294. Preliminary proceedings
 Article 295. Exhaustion of local remedies
 Article 296. Finality and binding force of decisions

 SECTION 3. LIMITATIONS AND EXCEPTIONS TO
 APPLICABILITY OF SECTION 2

 Article 297. Limitations on applicability of section 2
 Article 298. Optional exceptions to applicability of section 2
 Article 299. Right of the parties to agree upon a procedure
 

 PART XVI. GENERAL PROVISIONS

 

 Article 300. Good faith and abuse of rights
 Article 301. Peaceful uses of the seas
 Article 302. Disclosure of information
 Article 303. Archaeological and historical objects found at sea
 Article 304. Responsibility and liability for damage
 

 PART XVII. FINAL PROVISIONS

 

 Article 305. Signature
 Article 306. Ratification and formal confirmation
 Article 307. Accession
 Article 308. Entry into force
 Article 309. Reservations and exceptions
 Article 310. Declarations and statements
 Article 311. Relation to other conventions  and  international agreements
 Article 312. Amendment
 Article 313. Amendment by simplified procedure
 Article 314. Amendments to the provisions of this Convention relating exclusively to activities in the Area
 Article 315. Signature, ratification of, accession to and authentic texts of amendments
 Article 316. Entry into force of amendments
 Article 317. Denunciation
 Article 318. Status of Annexes
 Article 319. Depositary
 Article 320. Authentic texts

 

 ANNEXES

 

 I.  HIGHLY MIGRATORY SPECIES
 II.  COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF
 III. BASIC CONDITIONS OF PROSPECTING, EXPLORATION AND EXPLOITATION
 IV. STATUTE OF THE ENTERPRISE
 V.  CONCILIATION
 VI.  STATUTE OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA
 VII. ARBITRATION
 VIII. SPECIAL ARBITRATION
 IX.  PARTICIPATION BY INTERNATIONAL ORGANIZATIONS
 

The States Parties to this Convention,

 

 Prompted by the desire to settle, in a spirit of mutual understanding  and co-operation, all issues relating to the law of the sea and aware  of the historic significance of this Convention as an important contribution to the maintenance of peace, justice and progress for all the peoples of the world,

 Noting that developments since the United Nations Conferences on the  Law of the Sea held at Geneva in 1958 and 1960 have accentuated the  need for a new and generally acceptable Convention on the law of the sea,

 Conscious that the problems of ocean space are closely interrelated and need to be considered as a whole,

 Recognising the desirability of establishing, through this Convention,  with due regard for the sovereignty of all States, a legal order for  the seas and oceans which will facilitate international communication and will promote the peaceful uses of the seas and oceans, the equitable  and  efficient utilization of  their  resources,  the conservation of their living resources and the study, protection and preservation of the marine environment,

 Bearing in mind that the achievement of these goals w ill contribute to the realization of a just and equitable international economic order which takes into account the interests and needs of mankind as a whole  and, in particular, the special interests and needs  of developing countries, whether coastal or land-locked,

 Desiring by this Convention to develop the principles embodied in resolution 2749 (XXV) of 17 December 1970 in which the General Assembly of the United Nations solemnly declared inter alia that the area of the sea-bed and ocean floor and the subsoil thereof, beyond the limits of national jurisdiction, as well as its resources, are the common heritage of mankind, the exploration and exploitation of which shall  be carried out for the benefit of mankind as a whole, irrespective of the geographical location of States,

 Believing that the codification and progressive development of the law of the sea achieved in this Convention will contribute to the strengthening of peace, security, co-operation and friendly relations among all nations in conformity with the principles of justice and equal rights and will promote the economic and social advancement of all peoples of the world, in accordance with the Purposes and Principles of the United Nations as set forth in the Charter,

 Affirming that matters not regulated by this Convention continue to be governed by the rules and principles of general international law,
 

 Have agreed as follows:
 

PART I  INTRODUCTION

 

 Article 1. Use of terms and scope

 1. For the purposes of this Convention:

 (1) 'Area' means the sea-bed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction;

 (2) 'Authority' means the International Sea-Bed Authority;

 (3) 'activities in the Area' means all activities of exploration for, and exploitation of, the resources of the Area:

 (4) 'pollution of the marine environment' means the introduction by man, directly or indirectly, of substances or energy into the marine environment, including estuaries, which results or is likely to result in such deleterious effects as harm to living resources and marine life,  hazards to human health, hindrance to marine activities, including fishing and other legitimate uses of the sea, impairment of quality for use of sea water and reduction of amenities;

 (5) (a) 'dumping' means:

 (i) any deliberate disposal of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea;

 (ii) any deliberate disposal of vessels, aircraft, platforms or other man-made structures at sea.

 (b) 'dumping' does not include:

 (i) the disposal of wastes or other matter incidental to, or derived from the normal operations of vessels, aircraft, platforms or other man-made structures at sea and their equipment, other than wastes or other matter transported by or to vessels, aircraft, platforms or other man-made structures at sea, operating for the purpose of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels, aircraft, platforms or structures;

 (ii) placement of matter for a purpose other than the mere disposal thereof, provided that such placement is not contrary to the aims of this Convention.

 2. (1) 'States Parties' means States which have consented to be bound by this Convention and for which this Convention is in force.

 (2) This Convention applies mutatis mutandis to the entities referred to in Article 305, paragraph 1 (b), (c), (d), (e) and (f), which become Parties to this Convention in accordance with the conditions relevant to each, and to that extent 'States Parties' refers to those entities.

 

 

http://www.unep.org/  World Wildlife Fund report on state of oceans

 

LINKS

 

Wikipedia List_of_parties_to_the_United_Nations_Convention_on_the_Law_of_the_Sea

Wikipedia United_Nations_Convention_on_the_Law_of_the_Sea

UNEP news centre conference heads of state commerce

Foreign affairs articles oceans 2012-08-07 United States of America outlaws sea

UN convention_agreements texts unclos

The Diplomat 2012 why-to-forget-unclos
USA Senate
Wikipedia United_States_Senate

http://thediplomat.com/2012/02/why-to-forget-unclos/
http://www.senate.gov/
http://en.wikipedia.org/wiki/United_States_Senate

https://www.foreignaffairs.com/articles/oceans/2012-08-07/outlaw-sea

http://www.un.org/depts/los/convention_agreements/texts/unclos/closindx.htm

http://en.wikipedia.org/wiki/List_of_parties_to_the_United_Nations_Convention_on_the_Law_of_the_Sea

http://en.wikipedia.org/wiki/United_Nations_Convention_on_the_Law_of_the_Sea

http://www.unep.org/newscentre/Default.aspx?DocumentID=2791&ArticleID=10916&l=en

http://www.unep.org/

http://www.unep.org/environmentunderreview/

http://news.nationalgeographic.com/news/2014/04/140414-ocean-garbage-patch-plastic-pacific-debris/

http://www.plosone.org/article/info%3Adoi%2F10.1371%2Fjournal.pone.0111913

http://www.roboticstomorrow.com/content.php?post_type=1919

http://www.dailydot.com/technology/ocean-cleaning-drone/

http://www.interiorholic.com/other/gadgets/ocean-robot-cleaner/

http://www.psfk.com/2012/07/marine-robots-clean-oceans.html

http://www.unep.org/environmentunderreview/

 

 

International business alliance for corporate ocean responsibility

 

ARCTIC - ATLANTIC - BALTIC - BERING - CARIBBEAN - CORAL - EAST CHINA - ENGLISH CH - GULF MEXICO

GOC - INDIAN - MEDITERRANEAN - NORTH SEA - PACIFIC - PERSIAN GULF - SEA JAPAN - STH CHINA

PLASTIC OCEANS - UNEP - WOC - WWF

 

 

 

 

Youtube ocean pollution

 

 

 

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