How many countries are binding with the Law of the Sea Convention or the law of the sea treaty?
UpdatesThe Philippines, on its North, West and South side, is surrounded and has overlapping maritime zones with several states such as Japan, China, Vietnam, Malaysia, Indonesia, Brunei and Palau. Thus, it needs to delimit its maritime zones with all these adjacent States. On the East side, the archipelago faces the Pacific Ocean making it possible to claim Continental Shelf beyond the 200 nautical miles from the baselines. Show
As of 2018, the Philippines has delimited its maritime boundary with only one adjacent state - the Republic of Indonesia. The agreement on delimitation of maritime boundaries between Philippines and Indonesia was finalized on 18 May 2014 in Jakarta, Indonesia. The agreement was signed by the former Secretary/minister of Foreign Affairs Alberto del Rosario (Philippines) and Marty Natalegawa (Indonesia) on 23 May 2014 at Malacanang Palace, Manila. The sea border agreement was ratified by the Indonesian Parliament on 27 April 2017 and adopted by the Philippines in a Senate Resolution on 3 June 2019. Delimitation of maritime zones with the other States is still on-going. The Philippines has also successfully delineated its continental shelf beyond the 200 nautical miles from the baselines in the Philippine Rise Region of the archipelago. This was confirmed by the United Nations Commission on the Limits of the Continental Shelf (UNCLCS) in 2012. The Philippines is yet to determine whether it can claim continental shelf beyond the 200 nautical miles from the baselines on the Southeastern part and the West Philippine Sea region. NAMRIA is the central mapping agency of the Government of the Philippines and its Hydrography Branch is the national hydrographic office. Thus, it provides the technical documents needed for maritime delineation and delimitation. It provided the technical support on the delimitation of their maritime boundaries between the Philippines and Indonesia in over two decades of work. NAMRIA also gathered the data and produced the chart needed for the Philippine claim of its continental shelf beyond the 200 nautical miles in the Philippine Rise region. On 12 July 2016, the International Tribunal for the Law of the Sea released the final Award on the case initiated by the Philippines against China on the maritime disputes in the West Philippine Sea/South China Sea. In the ruling, the five judges unanimously declared the following: China's claim to historic rights to the living and non-living resources within the 'ninedash' line is incompatible with the Convention to the extent that it exceeds the limits of China's maritime zones as provided for by the Convention. The survey data used for the arbitration case of the Philippines against China was gathered by the Hydrography Branch of NAMRIA. While NAMRIA's functions involve the delineation of the national maritime jurisdiction in accordance with the UNCLOS, matters related to the Philippines' maritime dispute with China on the country's claims in the West Philippine Sea are dealt with through the Office of the President and the Department of Foreign Affairs. The International Union for Conservation of Nature (IUCN) with its partners are currently working towards a new international legally binding instrument (ILBI) under the UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (General Assembly resolution 72/249) that will close important gaps in governance. The ongoing negotiation for the said new ILBI/treaty will provide a measure of protection and conservation of Areas Beyond National Jurisdiction (ABNJ), or the 'Area'. where there is none at present. The DENR-Biodiversity Management Bureau (BMB) has, since 2015, been actively participating in the negotiation on the said ILBI under UNCLOS. To date, four Preparatory Sessions and two formal Negotiations or Intergovernmental Conferences have already been conducted, all of which were attended by DENR-BMB. Representatives from EMB and the DENR-Legal Services have also participated in the latest negotiation on areas that are covered by contracts for exploration for manganese nodules, cobalt-rich crusts and massive sulfides are in the Pacific Ocean, Indian Ocean, and the Mid Atlantic Ocean. UNCLOS is an acronym for the United Nations Convention for the Law of the Sea. The convention is sometimes referred to as the Law of the Sea Convention or the Law of the Sea treaty. As an international law of the sea, UNCLOS came into operation and became effective on 16th November 1982, which defines maritime zones. There are many provisions of the convention which regulate and control the functioning and claims of nations on the world’s oceans and seas. Its legal framework and regulations are essential for the marine sector and maritime activities. However, the first time such a proposal was announced before the United Nations was in 1973. Over nine years, with representations from over 160 countries coming forward, UNCLOS came into existence. The background of UNCLOS can be explained in detail as follows:
BackgroundBefore the nautical law of UNCLOS came into force, there existed a school of thought known as freedom-of-the-seas. This doctrine had first come into operation during the 17th century. As per this law, there were no limits or boundaries set to the aspect of marine business and commercial activities. Over the years and centuries, a problem emerged as technology developed and the needs of the people across the world grew. Over-exploitation of the sea’s resources was immensely felt towards the middle of the 20th century, and many nations started feeling the need to protect their marine resources. Starting with the United States in 1945, many countries across the world brought the natural resources found on their oceans’ continental shelves under their jurisdiction. The UNCLOS defines the territorial sea as the 12-nautical mile area from the low-waterline along the coast. The coastal states’ sovereignty spans the territorial sea, seafloor, and subsoil. Article 56 of UNCLOS defines parameters for establishing a nation’s exclusive economic zone/ EEZ, which extends 200 nautical miles from that nation’s coastline. The article offers sovereign rights for exploration, conservation, resource exploitation and resource management of living and non-living natural resources. Article 76 is important as it defines a country’s continental shelf consisting of the seabed and subsoil of its submarine regions that extend beyond its territorial sea throughout the natural spread of the land topography to the outer limits of the continental shelf or 200 nautical miles. But these parameters have given rise to disputes in semi-enclosed regions. It also outlines the duties and responsibilities of Flag States. Some countries that exercised this power were Argentina, Canada, Indonesia, Chile, Peru, Norway, Ecuador and even countries like Saudi Arabia, Egypt, Ethiopia and Venezuela. Since the usage of the marine reserves rose even more in the 1960s and since missile launch pads also started getting based in the oceanic bed, it became imperative that a specific regulation be placed to ensure proper protection and jurisdiction of the marine reserves. In 1967, the Third United Nations Conference on the Law of the Sea was convened. At this conference, the UN ambassador from Malta, Mr Arvid Pardo, requested a legal power that could bring about international governance over the oceanic floor and bed. Such a legal power would also ensure that there would not be any problems between various countries over the oceanic floor and bed space. In a major way, this UNCLOS III paved the way for the now-existing maritime law. The features and highlights of the same can be explained as follows:
Even though it has 160 member parties, the US is a country that has still not sanctioned (ratified) the nautical law. The main reason for the US not approving the sea law arises mainly because of its disagreement about Part XI of UNCLOS. This part deals with the aspect of the minerals found on the seabed on the EEZ. The International Seabed Authority was established based on this part of the nautical law and called for equitable distribution of the proceeds of such seabeds. The US is opposed to this theory, which is why it has not ratified UNCLOS despite being one of the most important members of the United Nations. It also contains specific provisions for the protection of the marine environment and to prevent the pollution of the marine environment, the world’s oceans and high seas by pollutants, practices like overfishing or deep seabed mining. It also mentions the freedom of the high seas, especially freedom of scientific research and easy passage of merchant’s vessels. With the help of a maritime law like UNCLOS, it can be said that marine resources can be protected and safeguarded, especially in contemporary times where the need for marine resources’ protection has increased even more during the 1960s and 70s. Frequently Asked Questions1. How many countries are part of UNCLOS?The convention was ratified by 168 parties, which included 167 states and the European Union. Additional 14 UN member states have signed but not ratified the convention. 2. Are the UNCLOS verdicts legally binding on states?Yes, its decisions are binding on its member states. However, China does not honour the 2016 verdict on the South China Sea, and many countries complain about Chinese vessels in their waters. Hence, China should follow the convention’s decision and be pressured to abide by it. 3. When was UNCLOS adopted?The United Nations Convention on the Law of the Sea was adopted in 1982. It underlines a comprehensive regime of law and order in the world’s oceans and seas, establishing rules governing the international waters and their resources. 4. What is the importance of this convention?It forms the basis for conducting maritime commerce so that one flag state does not hinge upon the rights of others and the resources of seas and oceans are fairly distributed. It codifies the laws of freedom of navigation, important for national security. 5. Why has the US not accepted the convention?Due to opposition from Republicans in the Senate, the US has not been able to accept and ratify the convention. The Republicans disagree with Part XI of UNCLOS, which lays down the equitable distribution of minerals found on the seabed. You might also like to read
Disclaimer: The author’s views expressed in this article do not necessarily reflect the views of Marine Insight. Data and charts, if used in the article, have been sourced from available information and have not been authenticated by any statutory authority. The author and Marine Insight do not claim it to be accurate nor accept any responsibility for the same. The views constitute only the opinions and do not constitute any guidelines or recommendations on any course of action to be followed by the reader. The article or images cannot be reproduced, copied, shared, or used in any form without the permission of the author and Marine Insight. Related PostsKaran Chopra is an experienced Mariner and a Dual Certificate Holder (Engine and Deck). He has sailed as 2nd Officer for more than seven years on almost all major types of vessels. He staunchly believes in spreading knowledge and therefore loves teaching. In his spare time, he likes writing about his experiences at the sea and connecting with new peopl How many countries are binding with the Law of the Sea Convention?The United Nations Convention on the Law of the Sea was opened for signature at Montego Bay, Jamaica, on 10 December 1982. It entered into force on 14 November 1994 and is presently binding for 154 States, as well as the European Community (as of 24 July 2008).
In which place the Law of the Sea Convention or the Law of the Sea treaty was open for signature?It enshrines the notion that all problems of ocean space are closely interrelated and need to be addressed as a whole. The Convention was opened for signature on 10 December 1982 in Montego Bay, Jamaica.
Is the Law of the Sea binding?The Law of the Sea Convention (the “Convention” or “LOSC”), is binding on the States that are party to it, as well as other States (including the U.S.), to the extent that it represents customary international law.
Does the US recognize the law of the sea?1958 Four Law of the Sea conventions are adopted. Following Senate approval, the United States ratifies these treaties in 1961.
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