‘UN Convention on the Law of the Sea is still the constitution of oceans’, Pg12

Key Highlights:

• Tommy Koh, a Singaporean diplomat and legal scholar, was awarded the Ramon Magsaysay Award for his pivotal role in the adoption of the UN Convention on the Law of the Sea (UNCLOS) in 1982.
• UNCLOS is widely recognized as the "constitution of the world's ocean," providing a comprehensive legal framework for maritime activities.
• The United States has not ratified UNCLOS, primarily due to objections to Part XI concerning deep seabed mining, but it generally regards the convention as authoritative international law.
• The convention establishes the regime of transit passage, which has evolved into customary international law and is binding even on non-parties like Iran.
• UNCLOS addresses critical issues such as Exclusive Economic Zones (EEZ) and the resolution of maritime disputes in strategic areas like the Strait of Hormuz and the South China Sea.

Detailed Insights:

• Tommy Koh chaired a key negotiating committee and later presided over the Third United Nations Conference on the Law of the Sea (UNCLOS III), leading over 150 nations to adopt the convention.
• A significant challenge during the negotiations was the Reagan Administration's opposition to Part XI of UNCLOS, which designates the deep seabed as the "common heritage of mankind."
• Despite a 1994 agreement designed to address concerns regarding deep seabed mining, the U.S. Senate has not consented to ratification.
• As of July 2024, UNCLOS has 170 state parties, demonstrating its near-universal acceptance in international law.
• The principle of transit passage ensures the freedom of navigation and overflight through international straits for continuous and expeditious travel.
• Issues concerning the "dark fleet" and punitive actions against such vessels are matters for the International Maritime Organization (IMO) to address.
• UNCLOS provides the legal basis for coastal states to exercise sovereign rights over natural resources within their Exclusive Economic Zones, extending up to 200 nautical miles from their coastlines.

Key Concepts Involved:

• UN Convention on the Law of the Sea (UNCLOS): An international treaty establishing a comprehensive legal framework for all marine and maritime activities.
• Exclusive Economic Zone (EEZ): A sea zone extending up to 200 nautical miles from a state's coast, where it has special rights over marine resources.
• Transit Passage: The right of vessels and aircraft to navigate through international straits for continuous and expeditious transit.
• Common Heritage of Mankind: A principle stating that certain resources, such as the deep seabed, belong to humanity as a whole and should be managed for collective benefit.
• Customary International Law: International legal obligations arising from established and consistent state practices accepted as law.
• International Maritime Organization (IMO): A specialized agency of the United Nations responsible for regulating the safety, security, and environmental performance of international shipping.