Article:
The United Nations Convention on the Law of the Sea (UNCLOS) is a universally acknowledged international agreement which sets up a legal framework for marine and maritime activities. An important aspect of global governance, UNCLOS has been endorsed by numerous coastal countries, including India. Despite widespread acceptance, the interpretation of UNCLOS continues to be contested in maritime disputes, particularly those in the South China Sea and East China Sea.
Understanding UNCLOS
Enacted in 1982, UNCLOS – also known as the Law of the Sea – demarcates marine areas into five principal zones: Internal Waters, Territorial Sea, Contiguous Zone, Exclusive Economic Zone (EEZ) and the High Seas. This division of marine territories confers different legal statuses to them, offering a structure to manage offshore activities by coastal nations and entities navigating the oceans.
Maritime Zones: A Closer Look
To comprehend UNCLOS better, it’s necessary to delve into the specifics of the five maritime zones it describes.
1. Baseline: This refers to the official low-water line along the coast as recognized by the coastal state.
2. Internal Waters: These waters, found on the landward side of the baseline, are under complete sovereignty of the coastal state, similar to its land territory. These waters can include rivers, bays, ports, inlets, and even lakes connected to the sea. Notably, there isn’t a right of innocent passage through these waters.
3. Territorial Sea: Extending up to 12 nautical miles from the baselines, the territorial sea is entirely under the jurisdiction of the coastal states. This authority applies to the sea surface, seabed, subsoil, and even airspace.
4. Contiguous Zone: This intermediary zone stretches up to 24 nautical miles from the baselines. Here, a coastal state can prevent and penalize violations of certain laws within its territory and territorial sea.
5. Exclusive Economic Zone (EEZ): A coastal state can claim an EEZ up to 200 nautical miles from its baselines. Within this zone, it holds sovereign rights for the purposes of exploring, exploiting, and managing natural resources.
6. High Seas: These waters lie beyond the reach of any national jurisdiction and are often considered as the common heritage of all humankind.
UNCLOS in Recent News
India has recently reaffirmed its support for UNCLOS, reflecting its commitment to the principles of international law, freedom of navigation and overflight, and unrestricted commerce. As a state party to UNCLOS, India’s stand is particularly significant in the context of ongoing maritime disputes in regions such as the South China Sea and the East China Sea.
Despite the almost universal acceptance of UNCLOS, its interpretation continues to be a matter of dispute among countries, pointing to the complexity of marine affairs and the need for continual negotiation and dialogue.
