It should also be noted that the intricacies of the canadian and rus. Duties of flag state is explained in article 94 of unclos. One of the questions before the tribunal was whether it had the jurisdiction to declare that the british occupation of the chagos archipelago and the forcible removal of the. Article 208 of unclos and national regulation of seabed. Overcoming obstacles to the prosecution of maritime piracy. United nations convention on the law of the sea of 10 december 1982. Article 76 of unclos defines the continental shelf in a complex and. Article 208 of unclos and national regulation of seabed mining chapter 12 natural resources and the law of the sea international law institute series on international law, arbitration and practice, volume 2. Establishment of an international legally binding instrument under the united nations convention on the law of the sea unclos on the conservation and sustainable use of biodiversity in areas beyond national jurisdiction bbnj agreement promises to be one of the most significant developments in unclos for over 20 years. Regarding the delimitation of eez boundaries between states with opposite or adjacent coasts, article 743 of unclos provides.
Report on the obligations of states under articles 743 and 833 of unclos in respect of undelimited maritime areas. The united nations convention on law of the sea unclos divides the sea floor into zones, one of which, the juridical continental shelf, only comes into existence if it is claimed by a coastal state. It makes clear that the right of owning a ship flying the flag of a country makes the ship a part of the states national property. The loosely phrased, and undefined, exclusive flag state jurisdiction principle of the united nations law of the sea convention article 92, has arguably proved to be a red herring for states and academia, in its being raised as a limiting factor to extraterritorial prescription by nonflag states. Approaching the implementing agreement to unclos on. Article 193 sovereign right of states to exploit their natural resources states have the sovereign right to exploit their natural resources pursuant to their environmental policies. The states parties to this convention, prompted by the desire to settle, in a spirit of mutual understanding and cooperation, all issues relating to the law of the sea and aware of the historic significance of this convention as an important contribution to the maintenance of peace, justice and progress for all peoples of the world. The nclos blog the blog of the norwegian centre for. It is the only alternative by which we can hope to avoid the escalating tension that will be inevitable if the present situation is allowed to continue, he said. They include article 92 on the exclusive jurisdiction of the flag state. Salve urged that a reading of article 91, 92, 94 and 97 of unclos clearly establishes that any principle of concurrent jurisdiction that may have been recognised as a principle of public international law stands displaced by the express provisions of unclos. The unclos stands for united nations convention on the law of the sea unclos, also called the law of the sea convention or the law of the sea treaty. International law particularly addresses questions of criminal law and essentially leaves civil jurisdiction to national control.
Introduction in the recent case of chagos marine protected area,1 a fivemember tribunal constituted under the united nations convention on the law of the sea unclos 2 held in its hands the fate of the chagos archipelago. Article 871a of unclos and exclusive flag state jurisdiction article 92 1 of unclos. Article 92 provisional arrest 45 article 93 other forms of cooperation 45. United nations convention on the law of the sea preamble and excerpts from part xii summary. Article 193 sovereign right of states to exploit their natural resources. There must exist a genuine link between the state and the ship. Marines is in violation of italys rights inter alia under articles 562, 92. Outside the eez lies the high sea where no state may validly purport to subject any part of the high seas to its sovereignty. Maritime boundaries delimitation and dispute resolution in africa theodore okonkwo department of public law, faculty of law, university of port harcourt, portharcourt, nigeria. It also complements article 921 of unclos to the effect. The unclos however, provided that the states are free. The sovereignty of a state extends to a belt of sea adjacent to its coast, described as the territorial sea. The post concludes with a brief discussion as to if and why the tribunal may wish to clarify its position on these issues in any forthcoming mt san padre pio case.
The article discusses the universalist framework of the 1982 united nations convention on the law of the sea unclos and the universalist approach taken by the tribunal on 12 july 2016 in the south china sea arbitration regarding the extinguishment of a states exceptionalist maritime claims and the adoption of strict criteria for the. Subsequent to the adoption of the 1958 conventions on the law of the sea, at the first united nations conference on the law of the sea, the general assembly requested the secretarygeneral to convene a second united nations conference on the law of the sea to consider the topics of the breadth of the territorial sea and fishery limits, which had not been agreed upon in the said conventions. Maritime boundaries delimitation and dispute resolution in africa. The provisions of this part apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a state, or in the archipelagic waters of an archipelagic state. Article 76 of unclos defines the continental shelf in a complex and possibly contradictory manner, one that. At the moment, the african continent is characterized by lots of maritime. This paper will analyze the specific legal regime in part v of unclos to determine whether it has created a certain and predictable regime which has withstood the test of time. The law of the sea convention defines the rights and responsibilities of nations with respect to. Objectives the objectives of this convention, to be pursued in accordance with its relevant provisions, are the conservation of biological diversity. It may be exercised through legislative, executive, or judicial actions.
United nations convention on the law of the sea unclos montego bay, 10 december 1982 preamble part i. Rome statute of the international criminal court part 1. Freedom of navigation following the mv norstar case. The main reason many nations took so long to sign the treaty is because of. Among the many measures introduced in the post2001 period to address terrorism at sea, the proliferation security initiative psi has acquired a place of prominence, especially as the 2005 protocol to the convention on suppression of unlawful activities against the safety of maritime navigation has not yet entered into force. Kapal harus berlayar di bawah bendera suatu negara saja dan kecuali dalam halhal luar biasa yang dengan jelas ditentukan dalam perjanjian internasional atau dalam konvensi ini, harus tunduk pada yurisdiksi eksklusif negara itu di laut lepas. Articles concerning the law of the sea with commentaries, 1956. Article 9 of the mca convention provides that all the srfc member states must have in place national management and conservation measures and policies in relation to the fishing resource. Report on the obligations of states under articles 743. Source document contributed to documentcloud by will colson center for strategic and international studies. By arresting the san padre pio and her crew, by detaining the vessel, her crew and cargo without the consent of switzerland and by initiating judicial proceedings against them, nigeria has. United nations convention on the law of the sea, 1982.
Salve urged that a reading of article 91, 92, 94 and 97 of unclos clearly establishes that any principle of concurrent jurisdiction that may have. United nations framework convention on climate change the parties to this convention, acknowledging that change in the earths climate and its adverse effects are a common concern of humankind, concerned that human activities have been substantially increasing the atmospheric. Faculty of law, university of oslo unclos marine environment article 192 general obligation states have the obligation to protect and preserve the marine environment. United nations convention on the law of the sea wikipedia. United nations convention on the law of the sea unclos. The united nations describes its 1982 convention on the law of the sea unclos as possibly the most signi. Legal status of the territorial sea, of the air space over the territorial sea and. It is the international agreement from the third united nations conference on law of the sea commonly known as unclos iii, between 1973 to 1982. It is considered a dereliction of duty when unable or unwilling to perform the job assigned to military personnel.
This article presents the issues, causes, essence and the security. Duties of flag state under unclos duties of flag state is explained in article 94 of unclos. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as. See, article 612, unclos 1982, and article 2, mca convention. A perspective on provisional measures under unclos. The tribunal found that italy violated article 871 of the united nations convention on the law of the sea unclos, but did not violate article 300 of unclos. The united nations convention on the law of the sea unclos, also called the law of the sea convention or the law of the sea treaty, is the international agreement that resulted from the third united nations conference on the law of the sea unclos iii, which took place between 1973 and 1982. In this light, this article aims to examine the african situation, and discuss the challenges involved in the delimitation and management of maritime boundaries in africa. Alternatively, as article 92 of unclos was not in dispute in the norstar case but is the subject matter of the mt san padre pio case, the relevant tribunal in proceedings in that matter remains free to reinterpret article 92 of unclos as only concerning enforcement jurisdiction upon the high seas and eez.
Chapter vii action with respect to threats to the peace, breaches of the peace, and acts of aggression. Pursuant to articles 286 and 287 of the 1982 united nations convention on the law of the sea unclos, and in accordance with the requirements of article 1 of annex vii. Ships flying the flag of the united nations, its specialized agencies and the international atomic energy agency article 94. The unclos stands for united nations convention on the law of the sea, also called the law of the sea convention or the law of the sea treaty. Maritime boundaries delimitation and dispute resolution in. Having regard to the notification under article 287 and annex vii, article 1, of unclos and statement of claim and grounds on which it is based hereinafter the statement of claim, dated 6 may 2019, addressed by the swiss confederation. Ships have the nationality of the state whose flag they are entitled to fly. Rome statute of the international criminal court article 41 excusing and disqualification of judges 20 article 42 the office of the prosecutor 20 article 44 staff 21 article 45 solemn undertaking 21.
The key provision in unclos on the eez is article 55. Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil. Protocols additional to the geneva conventions of 12. Report on the obligations of states under articles 743 and. In doing so, the tribunal arguably relied on a quite expansive understanding of the exclusive flag state jurisdiction principle. Universalizing the law of the sea in the south china sea.
Maritime boundaries delimitation and dispute resolution in africa theodore okonkwo. Every state shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag. Apr 09, 20 unclos was first signed in december of 1982 treaty came in to force in 1994 many nations have not signed the treaty unclos required 60 signatures for ratification and could only enter into force one year after the final nation had ratified or acceded to the treaty. Pending agreement as provided for in paragraph 1, the states concerned, in a. Yale law journal jurisdiction and applicable law under unclos. This is the website of the repertory of practice of united nations organs legal publications of the codification division of the office of legal affairs. Other arcticrelated issues that are not directly related to this jurisdictional relationship will therefore not be discussed in this thesis. Retention or loss of the nationality of a pirate ship or aircraft 58 article 105. Unclos or the convention, to which italy and india are party. The states parties to this convention, prompted by the desire to settle, in a spirit of mutual understanding and cooperation, all issues relating to the law of the sea and aware of the historic significance of this convention as an important contribution to the maintenance of peace, justice and progress for all. Unclos was first signed in december of 1982 treaty came in to force in 1994 many nations have not signed the treaty unclos required 60 signatures for ratification and could only enter into force one year after the final nation had ratified or acceded to the treaty. It also complements article 92 1 of unclos to the effect that, on the high sea or exceptional cases provided for in international treaties, a ship is subject to the exclusive jurisdiction and. Commentary 1 paragraph 1 brings out the fact that the rights.
Nov 26, 2015 see, article 612, unclos 1982, and article 2, mca convention. Establishment of the court article 1 the court an international criminal court the court is hereby established. Unclos marine environment article 192 general obligation states have the obligation to protect and preserve the marine environment. Under unclos article 2, historic rights may be taken into account when providing access to surplus fish stocks, and state practice has recognized that traditional fishing rights may coexist with the eez regime. Pardo ended with a call for an effective international regime over the seabed and the ocean floor beyond a learly defined national jurisdiction. Nothing in the present charter shall impair the inherent right of individual or collective selfdefence if an armed attack occurs against a member of the united nations, until the security council has taken measures necessary to. Such examples would be as simple as sleeping while on duty or watch sentry, drunken or selfinjury to the point. The nclos blog the blog of the norwegian centre for the. Article 92 of the uniform code of military justice is failure to obey an order or regulation written or stated. Reflections after 30 years robert beckman and tara davenport1 abstract.