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UNCLOS Full Form

UNCLOS Full Form

Edited By Team Careers360 | Updated on Jul 27, 2023 03:37 PM IST

What is the full form of UNCLOS?

The full form of UNCLOS stands for United Nations Convention on the Law of the Sea. In 1982, it established a comprehensive system of law and order in the world's seas and oceans, setting the rules governing all uses of the oceans and their resources. It introduces new legal concepts and regulations and addresses new concerns while embodying the traditional rules governing the use of the sea into one document. The Convention also provides a framework for further development of specific areas of the law of the sea. The United Nations Department of Legal Affairs Office for Maritime Affairs and the Law of the Sea (DOALOS) serves as the secretariat for the Convention on the Law of the Sea, providing countries with information, advice and assistance to promote a better understanding of the Convention and related agreements, their wider acceptance, uniform and consistent application, and effective implementation.

UNCLOS Full Form
UNCLOS Full Form

The department monitors all developments relating to treaties, and the law of the sea and maritime issues and reports annually to the General Assembly on these developments. It also considers such developments in support of the United Nations' open informal consultation process on the oceans and the law of the sea. Intergovernmental Conference on International Legally-binding Instruments UNCLOS for the Conservation and Sustainable Use of Marine Biodiversity Outside National Jurisdiction (BBNJ)

Background

In 2015, the United Nations General Assembly decided to develop an international legally binding instrument within the framework of UNCLOS for the conservation and sustainable use of marine biodiversity outside national sovereignty. (UNGA Resolution 69/292).

At its 72nd session in 2017, the General Assembly, by resolution 72/249, resolved to convene an Intergovernmental Conference (IGC) to produce a document as soon as possible. To this end, the General Assembly also decided that the conference would initially meet in four sessions, each lasting ten working days. The first session will be held from 4 to 17 September 2018, the second and third sessions will be held in 2019, and the fourth session will be held in 2019. It will be held in the first half of 2020.

The first session of the Intergovernmental Conference was held from 4 to 17 September 2018 and the second from 25 March to 5 April 2019 at United Nations Headquarters in New York. Rena Lee from Singapore has been elected President of IGC. According to resolution 72/249, the conference addressed the issues identified in the package agreed upon in 2011.

1. Protecting and using the marine BBNJ in a sustainable manner.

2. Marine genetic resources ((MGR)), including the issue of benefit sharing.

3. Regional Management Tools (ABMT), including Marine Protected Areas.

4. Environmental Impact Assessment (EIA); and

5. Marine Technology Capacity Building and Transfer (CB&TMT).

The IMO Secretariat, represented by staff from the Marine Environment Department and the Legal and External Relations Department, attends meetings and actively participates in negotiations. BBNJ's document and that the new document does not adversely affect his IMO obligations and framework.

IMO actively cooperates with the United Nations, especially her DOALOS and ISA, and cooperates with other specialized agencies such as FAO, UNESCO's IOC and ILO to coordinate positions.

A briefing on BBNJ was held by his Secretary-General Kitack Lim at his IMO Headquarters on 21 June 2019. Lee Lena attended the meeting. A video message was also delivered by Michael Lodge, Executive Director of the ISA. The presentation was made by her IMO staff. Industry, represented by ICS, also had a say. The conference was attended by representatives of more than 50 Member States. India recently reiterated its support for the United Nations Convention on the Law of the Sea (UNCLOS).

India also supported freedom of navigation and overflight and unhindered trade based on the principles of international law, particularly reflected in her 1982 UNCLOS.

India is a party to her UNCLOS.

Important points of UNCLOS

  • The 1982 United Nations Convention on the Law of the Sea (UNCLOS) is an international agreement that establishes the legal framework for the ocean and maritime activities.

  • The Law of the Sea is also known as maritime law. It divides the sea into five main zones: inland waters, territorial waters, contiguous waters, exclusive economic zones (EEZs), and high seas.

  • It is the only international treaty that establishes a framework for national jurisdiction over the sea. It gives different legal statuses to different sea areas.

  • Forms the backbone of offshore governance for coastal states and seagoing peoples.

  • Provides specific guidance on states' rights and obligations in five concentric zones, as well as dividing offshore areas of coastal states.

  • UNCLOS has been signed and ratified by nearly all littoral states in the South China Sea, but its interpretation remains hotly contested.

  • There are also naval disputes in the East China Sea.

Sea area

Baseline:: It is the low tide line of the coast officially recognized by coastal countries.

Inland water:

  • Inland waters are the waters on the landward side of the baseline measuring the width of the territorial sea.Each coastal state has full sovereignty over its inland waters as well as its land area. Examples of inland waters include bays, harbors, rivers, and lakes that lead to the sea.

  • There is no right to pass harmlessly through inland waterways.

  • Harmless navigation refers to traversing waters that do not affect peace and security. However, states have the right to suspend them.

Territorial waters:

  • The territorial sea extends seaward from its baseline to 12 nautical miles (nm).

  • Nautical miles are based on the circumference of the earth and correspond to one minute of latitude. Just over 1 mile (1 nautical mile = 1.1508 land miles or 1.85 km).

  • Coastal States have sovereignty and jurisdiction over their territorial waters. These rights extend not only to the surface of the sea but also to the seafloor, subsoil and even airspace.However, the rights of coastal states are limited by peaceful passage through territorial waters.

Contiguous zones:

  • A continuous zone extends from the baseline to 24 nm towards the sea.

  • The area between the territorial waters and the high seas.

  • Coastal States have the right to prevent and punish violations of tax, immigration, health and customs laws within their territory and territorial waters.

  • Contiguous waters, in contrast to territorial waters, give jurisdiction to only one country on the surface and under the sea. It does not grant air and space rights.

Exclusive Economic Zone (EEZ):

  • Each coastal State may claim an EEZ adjacent to it beyond its territorial waters, extending seaward up to 200 nautical miles from the baseline.

Within its EEZ, coastal states include:

  • Sovereign rights for the exploration, development, protection and management of biotic and abiotic natural resources of the seabed and subsoil.

  • The right to conduct activities such as extracting energy from water, ocean currents and wind.

  • Unlike territorial waters and adjacent waters, the EEZ only allows the above resource rights. It does not, with very limited exceptions, entitle coastal States to prohibit or restrict freedom of navigation or overflight.

High seas:

  • The sea level and water column beyond the EEZ are called the high seas.

  • It is considered a “common heritage of all mankind” and is beyond national jurisdiction.

  • States may conduct activities in these areas as long as they serve peaceful purposes such as B. Transit, Marine Science, and Underwater Exploration.

Frequently Asked Questions (FAQs)

1. Has India signed UNCLOS?

UNCLOS and India. India played a constructive role in the deliberations leading to her adoption of UNCLOS in 1982 and has been a party to the Convention since 1995.

2. Which country is not a member of UNCLOS?

 133 states have now signed and ratified their UNCLOS. Canada, Israel, Turkey, the United States and Venezuela are the most prominent countries that have not ratified and hence are not considered as members of UNCLOS.

3. What is the purpose of UNCLOS?

 The United Nations Convention on the Law of the Sea was adopted in the year 1982. It establishes a comprehensive system of law and order in the world's seas and oceans, setting the rules governing all uses of the oceans and their resources.

4. What is an example of UNCLOS?

One example is the agreement to implement the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982, concerning the conservation and management of straddling and highly migratory fish stocks. It was unanimously approved by the General Assembly in 1995.

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