Questions:

UNCLOS:
1. What is the history of UNCLOS?
2. Compare and contrast territorial waters with
archipelagic waters
3. Who owns the seabed, ocean floor and
subsoil, and why?
Answers:
1. The law of the sea developed from the struggle
between coastal states, who sought to expand their
control over marine areas adjacent to their
coastlines. The maximum breadth of the territorial
sea was generally considered to be three miles - the
distance that a shore-based cannon could reach and
that a coastal state could therefore control.
After the Second World War, the international
community requested that the United Nations
International law Commission consider codifying the
existing laws relating to the oceans. The commission
began working towards this in 1949 and prepared
four draft conventions, which were adopted at the
first UN Conference on the Law of the Sea:
The First United Nations Conference on the Law of
the Sea (UNCLOS I) from February 24 until April 29,
1958. UNCLOS I adopted the four conventions, which
are commonly known as the 1958 Geneva
Conventions:

The Convention on the Territorial Sea and

Contiguous Zone;
The Convention on the High Seas;

The Convention on Fishing and Conservation

of the Living Resources of the

High Seas; and

The Convention on the Continental Shelf.

While considered to be a step forward, the

conventions did not establish a maximum breadth of
the territorial sea.
The Second United Nations Conference on the Law of
the Sea (UNCLOS II) from March 17 until April 26,
1960. UNCLOS II did not result in any international
agreements. The conference once again failed to fix
a uniform breadth for the territorial or establish
consensus on sovereign fishing rights.
The Third United Nations Conference on the Law of
the Sea (UNCLOS III) from 1973 to 1982. UNCLOS III
addressed the issues bought up at the previous
conferences. Over 160 nations participated in the 9year convention, which finally came into force on
November 14, 1994, 21 years after the first meeting
of UNCLOS III and one year after ratification by the

sixtieth state. The first sixty ratifications were almost

all developing states.
A major feature of the convention included the
definition of maritime zones- the territorial sea, the
contiguous zone, the exclusive economic zone, the
continental shelf, the high sea, the international seabed area and archipelagic waters. The convention
also made provision for the passage of ships,
protection of the marine environment, freedom of
scientific research, and exploitation of resources.
2. Territorial Sea
Within the territorial sea, a nation has exclusive
sovereignty over the water, seabed, and airspace.
The treaty establishes that all nations have the right
of innocent passage through the territorial sea of
another nation and that, outside certain conditions,
the nation laying claim to the territorial sea cannot
hamper innocent passage of a foreign vessel.
Archipelagic waters
Archipelagic waters are the waters inside and around
an archipelago. Article 46 of The United Nations
Convention on the Law of the Sea of 1982 (UNCLOS
1982) treats archipelago as a group of islands,
including parts of islands, interconnecting waters and
other natural features which are so closely
interrelated that such islands, waters and other
natural features form an intrinsic geographical,
economic and political entity, or which historically
have been regarded as such.
3. Article II of the UNCLOS states:
1. The sovereignty of a coastal State extends,
beyond its land territory and internal waters and, in
the case of an archipelagic State, its archipelagic
waters, to an adjacent belt of sea, described as the
territorial sea.
2. This sovereignty extends to the air space over the
territorial sea as well as to its bed and subsoil.
3. The sovereignty over the territorial sea is
exercised subject to this Convention and to other
rules of international law.