Syllabus Section: Bilateral Issues (GS Paper III)

Importance: UPSC Prelims and UPSC Mains

Why in News?

India remains committed to promoting a free, open and rules-based order rooted in international law and undaunted by coercion, the Centre informed Parliament while reiterating support for the United Nations Convention on the Law of the Sea (UNCLOS).

About:

• UNCLOS replaces the older ‘freedom of the seas’ concept, dating from the 17th century.
• According to this concept, national rights were limited to a specified belt of water extending from a nation’s coastlines, usually 3 nautical miles (5.6 km; 3.5 mi).
• This was considered according to the ‘cannon shot’ rule developed by the Dutch rulers.

UNCLOS

• UNCLOS is sometimes referred to as the Law of the Sea Convention or the Law of the Sea treaty.
• It came into operation and became effective from 16th November 1982.
• It 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.
• It has created three new institutions on the international scene:

• International Tribunal for the Law of the Sea,
• International Seabed Authority
• Commission on the Limits of the Continental Shelf

Major conventions:

• There had been three major conferences of UNCLOS:

• UNCLOS I: It resulted in the successful implementation of various conventions regarding Territorial Sea and Contiguous Zones, Continental Shelf, High Seas, Fishing Rights.
• UNCLOS II: No agreement was reached over breadth of territorial waters.
• UNCLOS III: It introduced a number of provisions. The most significant issues covered were setting limits, navigation, archipelagic status and transit regimes, exclusive economic zones (EEZs), continental shelf jurisdiction, deep seabed mining, the exploitation regime, protection of the marine environment, scientific research, and settlement of disputes.

Source: PIB