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

(Established 1982)

Status

UN Convention entered into force on 16 November 1994.

Mission

The 1982 United Nations Convention on the Law of the Sea is comprehensive of all ocean uses and of their interrelationships. Its preamble recognises "The desirability of establishing ... a legal order for the seas and oceans which will...promote... the study...of the marine environment".

Activities

The scientific and technical advances of the 1950’s and 1960’s quickly generated a new economic interest in ocean resource potential. It is no historical accident that in the same period coastal States sought to extend their maritime jurisdiction – in the majority of cases in order to control coastal fisheries, and in some also in response to new discoveries and insights into the occurrence of offshore oil and gas. These developments, together with related concerns regarding foreign appropriation of resources, contributed significantly to the emergence of the concept of permanent sovereignty over natural resources.

Whereas ocean research had been unregulated until the 1950’s, in a few short years the international community agreed to the introduction of a legal regime calling for coastal State consent for the conduct of research on the continental shelf. The 1958 Geneva Convention on the Continental Shelf, provided that the consent of the coastal State should be obtained in respect of any research concerning the continental shelf and undertaken there.

Its elements became the basis for the development and detailed elaboration of provisions of the new regime contained in the 1982 Convention. Part XIII of the Convention lays out provisions for marine scientific research in all areas of the oceans. Marine scientific research in the exclusive economic zone and on the continental shelf require the consent of the coastal State. But this consent should only be withheld for specific reasons laid out in Article 246 of the Convention.

This states that: "Coastal States may however in their discretion withhold their consent to the conduct of a marine scientific research project of another State or competent international organisation in the exclusive economic zone or on the continental shelf of the coastal State if that project:

1. is of direct significance for the exploration and exploitation of natural resources, whether living or non-living;
2. involves drilling into the continental shelf, the use of explosives or the introduction of harmful substances into the marine environment;
3. involves the construction, operation or use of artificial islands, installations and structures referred to in articles 60 and 80.
4. contains information communicated pursuant to article 248 regarding the nature and objectives of the project which is inaccurate or if the researching State or competent international organisation has outstanding obligations to the coastal State from a prior research project."

United Kingdom Interests

Lead Department

The Foreign and Commonwealth Office, Aviation, Maritime and Energy Department, King Charles Street, London, SW1A 2AH. Contact: Mr Shaun Cleary, Deputy Head of Department. Telephone: +44 (0) 20 7008 2625.

Other Interested Departments and Organisations

Department for Environment, Food and Rural Affairs,
Centre for Environment, Fisheries and Aquaculture Science, Lowestoft Laboratory, Pakefield Road, Lowestoft, Suffolk NR33 0HT and Fisheries III, Nobel House, 17 Smith Square, London SW1P 3JR.

Department of Trade and Industry

Ministry of Defence

Department of Transport

Natural Environment Research Council

Briefing and Reporting Mechanisms

The Aviation, Maritime and Energy Department of the FCO keeps interested parties in Whitehall informed of developments. Please contact them, or the primary interested section in your Ministry for further information.

Perspective

The UN Convention on the Law of the Sea represents a major achievement of the UN in the legal sphere. It is akin to a piece of international legislation, applicable to 70% of the Earth's surface.

The Convention regulates in a comprehensive way numerous maritime issues. These include rights of navigation (civil and naval), the protection of coasts and the marine environment, rights over living and non-living resources, and marine scientific research. It sets out an international consensus on the limits of the various maritime zones, made up of the 12-mile territorial sea, the 200-mile exclusive economic zone and the outer edge of the continental margin. The Convention also sets out in its Part XI, with some adjustments provided for by the 1994 Agreement on the Implementation of Part XI, a regime for mining the deep seabed beyond the limits of national jurisdiction. In 1982 mining of the seabed for poly-metallic nodules, principally in the Pacific, was believed to be feasible by the 1990's. It is now considered to be at least another 15-20 years away.

The Convention came into force on 16 November 1994, one year after it received its 60th ratification accession. The International Seabed Authority, established by the Convention to oversee deep seabed mining, held its first working session in 1995. The International Tribunal on the Law of the Sea, established by the Convention with jurisdiction over disputes concerning the interpretation or application of the Convention, heard its first case in 1997.

The United Kingdom acceded to the Convention in August 1997. In June 2003 there were 157 signatories to the Convention. with 143 ratifications.