The Law of the Sea 13.
UNCLOS II - In 1960, the United Nations held the second
1. 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.
2. 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.
3. Freedom of the Seas replaced by UNCLOS
4. Freedom of the Seas national rights were limited to a specified
belt of water extending from a nation's coastlines, usually 3
nautical miles (5.6 km) (Three-mile limit), according to the
'cannon shot' rule developed by the Dutch jurist Cornelius van
Bynkershoek
5. Hugo Grotius promulgated the mare liberum principle
6. President Harry S. Truman - in 1945 extended United States
control to all the natural resources of its continental shelf.
7. UNCLOS I - In 1956, the United Nations held its first Conference
on the Law of the Sea (UNCLOS I) at Geneva, Switzerland.
8. UNCLOS I - resulted in four treaties concluded in 1958:
9. Convention on the Territorial Sea and Contiguous Zone, entry
into force: 10 September 1964
10. Convention on the Continental Shelf, entry into force: 10 June
1964
11. Convention on the High Seas, entry into force: 30 September
1962
12. Convention on Fishing and Conservation of Living Resources of
the High Seas, entry into force: 20 March 1966
Conference on the Law of the Sea ("UNCLOS II"); however, the
six-week Geneva conference did not result in any new
agreements.
14. UNCLOS III was convened in New York
15. Guyana - 60th nation to ratify the Law of the Sea treaty
16. December 10, 1982 UNCLOS was signed
17. November 16, 1994 - UNCLOS came into force
18. Location Montego Bay, Jamaica
19. Condition 60 ratifications
20. Signatories 157
21. Parties 168
22. Depositary Secretary General of UN
23. Languages - Arabic, Chinese, English, French, Russian, and
Spanish
24. 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.
25. 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.
26. 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.
27. 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
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 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.
28. Archipelagic Water - 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
sovereignty over these waters (like internal waters), but subject
to existing rights including traditional fishing rights of
immediately adjacent states. Foreign vessels have right of
innocent passage through archipelagic waters (like territorial
waters).
29. 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.
30. 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 4,000 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.
31. 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.
32. 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.
33. Landlocked states are given a right of access to and from the
sea, without taxation of traffic through transit states.
34. International Seabed Authority (ISA) - authorize seabed
exploration and mining and collect and distribute the seabed
mining royalty.
35. The convention has been ratified by 168 parties, which includes
167 states (164 member states of the United Nations plus the
UN Observer state Palestine, as well as the Cook Islands, Niue
and the European Union).
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36. International Tribunal for the Law of the Sea (ITLOS) - is an
intergovernmental organization created by the mandate of the
Third United Nations Conference on the Law of the Sea. It was
established by the United Nations Convention on the Law of the
Sea, signed at Montego Bay, Jamaica, on December 10, 1982.
The Convention entered into force on November 16, 1994, and
established an international framework for law over "all ocean
space, its uses and resources". The tribunal is based in
Hamburg, Germany. The Convention also established the
International Seabed Authority, with responsibility for the
regulation of seabed mining beyond the limits of national
jurisdiction, that is beyond the limits of the territorial sea, the
contiguous zone and the continental shelf. There are currently
167 signatories, 166 states plus the European Union.
37. Composition - the Tribunal has a set of 21 serving judges from
a variety of states parties.
38. League of Nations - was an intergovernmental organisation
founded on 10 January 1920 as a result of the Paris Peace
Conference that ended the First World War. It was the first
international organisation whose principal mission was to
maintain world peace.[
39. Its primary goals, as stated in its Covenant, included preventing
wars through collective security and disarmament and settling
international disputes through negotiation and arbitration.
40. The League lasted for 26 years; the United Nations (UN)
replaced it after the end of the Second World War on 20 April
1946 and inherited a number of agencies and organisations
founded by the League.
41. Capital Geneva, Switzerland
42. Immanuel Kant's Perpetual Peace: A Philosophical Sketch[5]
outlined the idea of a league of nations to control conflict and
promote peace between states.
43. Goldsworthy Lowes Dickinson - a British political scientist,
coined the term "League of Nations" in 1914 and drafted a
scheme for its organisation.
44. Together with Lord Bryce, he played a leading role in the
founding of the group of internationalist pacifists known as the
Bryce Group, later the League of Nations Union.
45. Established the Permanent Court of International Justice
46. Aland Islands - is a collection of around 6,500 islands in the
Baltic Sea, midway between Sweden and Finland. The islands
are almost exclusively Swedish-speaking, but in 1809, the land
Islands, along with Finland, were taken by Imperial Russia. In
December 1917, during the turmoil of the Russian October
Revolution, Finland declared its independence, but most of the
landers wished to rejoin Sweden. In June 1921, the League
announced its decision: the islands were to remain a part of
Finland, but with guaranteed protection of the islanders,
including demilitarisation. With Sweden's reluctant agreement,
this became the first European international agreement
concluded directly through the League.
47. Draft Articles on the Responsibility of States for
Internationally Wrongful Acts ("Draft Articles")
48. Developed by by the International Law Commission (ILC) in
August 2001
49. the term "state responsibility" referred only to state
responsibility for injuries to aliens.
50. F.V. Garca Amador of Cuba - The ILC's first special rapporteur
on state responsibility appointed in 1955.
51. Roberto Ago of Italy second rapporteur reconceptualised the
ILC's work in terms of the distinction between primary and
secondary rules, and also established the basic organisational
structure of what would become the Draft Articles.
52. Article 19 of Draft Articles - which provided for "state crimes"
53. Attribution - Before a state can be held responsible for any
action, it is necessary to prove a causal connection between the
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 injury and an official act or omission attributable to the state
alleged to be in breach of its obligations. The state is
responsible for all actions of its officials and organs, even if the
organ or official is formally independent and even if the organ
or official is acting ultra vires.
54. Failed States - Where there is a breakdown of normal
governmental authority and control
55. Defences - These include force majeure (Article 23), distress
(Article 24), state of necessity (Article 25) and counter
measures (Articles 49-52), self-defence (article 21) and consent
(article 20).
56. Countermeasure in public international law refers to reprisals
not involving the use of force. In other words, it refers to non-
violent acts which are illegal in themselves, but become legal
when executed by one state in response to the commission of
an earlier illegal act by another state towards the former.
57. The leading case on countermeasure is the International Court
of Justice decision in Gabkovo Nagymaros Dams case. The
court remarked that, for a countermeasure to be justifiable, it
must meet the conditions below:
58. The act constituting countermeasure must be taken in response
to a previous intentional wrongful act of another state and must
be directed against that state.
59. The injured state must have already called upon the state
committing the wrongful act to discontinue its wrongful conduct
or to make reparation, but the request was refused.
60. The countermeasure must be commensurate with the injury
suffered, taking into account the rights in question.
61. The purpose behind evoking the countermeasure is to induce
the wrongdoing state to comply with its obligations under
international law. Therefore, the measure must be reversible.
62. Article 22 of the International Law Commission draft articles on
state responsibility states that the wrongfulness of an act is
precluded if the act constitutes a countermeasure.
63. JUS AD BELLUM Latin for right to war
64. Jus Ad Bellum - refers to "legitimate reasons a State may
engage in war.
65. Article 51 of the UN Charter - Nothing in the present Charter
shall impair the inherent right of individual or collective self-
defense if an armed attack occurs against a Member of the
United Nations.
66. An international agreement limiting the justifiable reasons for a
country to declare war against another is concerned with jus ad
bellum.
67. Three Most Notable multilateral treaties defining entirely new
restrictions against going to war are the Kellogg-Briand Pact
outlawing war as an instrument of national policy, the London
Charter (known also as the Nuremberg Charter) defining
"crimes against peace" as one of three major categories of
international crime to be prosecuted after World War II, and the
United Nations Charter, which binds nations to seek resolution
of disputes by peaceful means and requires authorization by the
United Nations before a nation may initiate any use of force
against another, beyond the inherent right of self-defense
against an armed attack.
68. St. Thomas Aquinas - notes that to be a just war, war has
not only to be declared publicly, but also must be declared by
the proper authority.
69. the aim of war must not be to pursue narrowly defined national
interests, but rather to re-establish a just peace.
70. Bush Doctrine also anticipatory self-defense" or preemptive
strikes.
71. Principle Of Proportionality stipulates that the violence used in
the war must be proportional to the military objectives.
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72. For example, if there is one enemy combatant in a shopping
plaza full of 400 civilians, it would not be considered
proportional to the blow up the plaza. However, if there is a
high value military target in an area with far fewer civilians (a
car or a private home) an attack and the collateral damage may
be consider justifiable under the rule of proportionality.
73. Principle Of Last Resort - stipulates that all non-violent options
must first be exhausted before the use of force can be justified
74. St. Thomas Aquinas is one of the earliest philosophers on what
makes a just war. His list of criteria were intended to protect
civilians and guarantee that wars were not just fought for the
interest of private parties.
75. Treaty of Westphalia - European settlements of 1648, which
brought to an end the Eighty Years War between Spain and the
Dutch and the German phase of the Thirty Years War. The
peace was negotiated, from 1644, in the Westphalian towns of
Mnster and Osnabrck
76. Just War Theory - The purpose of the doctrine is to ensure war
is morally justifiable through a series of criteria, all of which
must be met for a war to be considered just. The criteria are
split into two groups: "right to go to war" (jus ad bellum) and
"right conduct in war" (jus in bello).