UNCLOS
United Nations Convention on the Law of the Sea (UNCLOS)
Introduction
The United Nations Convention on the Law of the Sea (UNCLOS), often referred to as the “Constitution for the Oceans,” is an international treaty designed to establish a legal framework to regulate all ocean space, its uses, and resources. It covers a broad range of topics including territorial waters, exclusive economic zones, navigation, marine scientific research, and the conservation of marine life.
The Essence of UNCLOS
2.1 Territorial Sea and Contiguous Zone
Every coastal nation has sovereignty over its territorial sea, which extends up to 12 nautical miles from its coastline.
2.2 Exclusive Economic Zone (EEZ)
Coastal states have special rights to explore and exploit marine resources, including energy production from water and wind, in their EEZ, which extends 200 nautical miles from the coast.
2.3 Continental Shelf
This is the extended margin of each continent and associated coastal plain. Coastal states have rights over the natural resources of their continental shelf.
2.4 Navigation and Overflight Rights
UNCLOS guarantees the right of ships and aircraft of all countries to navigate freely on, over, and through international straits.
The International Seabed Authority (ISA)
The International Seabed Authority (ISA) was established by UNCLOS in 1994. It serves as an autonomous organization with a key mandate to oversee deep seabed mining beyond the limits of national jurisdiction, with the objective of ensuring that these activities are carried out for the benefit of all humankind.
3.1 Mandate and Jurisdiction
ISA ensures that the marine environment is protected from harmful effects which may arise during mining activities in the international seabed area, commonly referred to as "the Area".
3.2 Membership
All members of the United Nations who ratify UNCLOS are eligible to be part of ISA.
3.3 Functions
The ISA regulates mineral-related activities in the international seabed area. This involves granting licenses, framing rules and regulations, and ensuring that there is no harm to the marine environment.
3.4 Structure
ISA has a Council and an Assembly, which take decisions on administrative, financial, and substantive issues. There's also a Legal and Technical Commission which provides specialized advice.
3.5 Resource Sharing
The benefits from mineral resources in the Area are shared on a non-discriminatory basis among ISA member states, with emphasis on distributing a portion to developing countries.
Challenges and Controversies
While UNCLOS and ISA are groundbreaking in their attempts to provide governance over the world's oceans, they're not without their challenges:
4.1 Non-Membership of Major Powers
Not all countries, including the United States, have ratified UNCLOS, which presents challenges in universal acceptance and application.
4.2 Environmental Concerns
There are worries about the potential damage deep-seabed mining could cause to the marine ecosystem.
4.3 Economic Concerns
The profitability of deep-seabed mining, when weighed against its environmental and regulatory costs, is a point of contention.
Summary
UNCLOS and its creation, the International Seabed Authority, represent landmark attempts to bring governance, fairness, and environmental stewardship to the world's oceans. While challenges remain, the framework they provide is essential for the sustainable use and conservation of marine resources.
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Phillip Gales is a serial entrepreneur who has built tech companies in various heavy industries including Oil & Gas, Construction, Real Estate and Supply Chain Logistics.
Phillip holds an MBA from Harvard Business School, and an MEng in Electrical Engineering from the University of Cambridge, specialising in Machine Intelligence.