The United Nations Convention on the Law of the Sea, 1982*

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The United Nations Convention on the Law of the Sea, 1982*

in Ocean Yearbook Online


*The substance of this article was delivered by the author as a lecture to the participants in the Goa Training Programme of the International Ocean Institute (Malta) and National Institute of Oceanography (Goa) in Goa in October 1982. lt has since been updated in light of subsequent developments. EDITORS' NoTE.-This article is included in Ocean Yearbook 5 to provide a summary of the major elements of the Convention on the Law of the Sea and as a concise historical review of the UNCLOS III negotiations.

1. C. H. Alexandrowicz, An Introdnction to the History of the Law of Nations in the East Indies (London: Oxford, 1967), p. 65. 2. Ibid., p. 47. In general, see chaps. 3 and 4, pp. 41-82. 3. Annakumaru Pillai v. Muthupayal, The Indian Law Reports 27, Madras Series (1904): 551-76. 4. Sir (:cil J. B. Hurst, "Whose is the Bed of the Sea," The British Yearbook of International Law 4 (1923-24): 34-43.

5. Constantine John Colombos, The International Law of the Sea, 6th ed. (London: Longmans, 1967), pp. 103-6; Manley O. Hudson, "The First Conference for the Codification of International Law," American journal of International Law 24 (1930): 447-66. 6. Francis A. Vallat, "The Continental Shelf," The British Yearbook of International Law 23 (1946): 333-38. 7. Marjorie M. Whiteman, Digest of International Law, vol. 4, U.S. Department of State Publication 7825 (Washington, D.C.: Government Printing Office, April 1965), pp. 756-57 and 954-55. See also Ann L. Hollick, "U.S. Oceans Policy: The Truman Proclamations," Virginia Journal of International Law 17, no. 1 (1976): 23-55.

8. A/CN.4/32 of July 14, 1950 in Yearbook of the International, Law Commis.sion 2 (New York: United Nations, 1950): 67-113. 9. For text, see The Work of the International Law Commission, 3d ed. (New York: United Nations, 1980), pp. 140-66. 10. Article 24(2), "Convention on the Territorial Sea and the (:contiguous Zone." 11. Article 2, "Convention on the High Seas." 12. Articles 6 and 7, "Convention on Fishing and Conservation of the Living Resources of the High Seas." 13. Article 1, "Convention on the Continental Shelf."

14. A/C.1/PV 1515 and 1516.

15. Annex I deals with highly migratory species of fish, Annex II with the Com- mission on the Limits of the Continental Shelf, Annexes III and IV with conditions of exploitation of the deep-seabed resources and the Statute of the Enterprise, Annexes V-VIII with the settlement of disputes, and Annex IX with participation in the con- vention by international organizations.

16. For a more comprehensive treatment of this aspect of the work of the confer- ence, see S. P. Jagota, "Developments in the UN Conference on the Law of the Sea: A Third World Review," Third World Quarterly 3, no. 2 (April 1981): 287-319; Elisabeth Mann Borgese, "Law of the Sea: the Next Phase," Third World Quarterly 4, no. 4 (October 1982): 698-718. . 17. For text of the resolution establishing the Preparatory Commission, see the Final Act, A/CONF.62/121, Annex I, Resolution I.

18. For text of the resolution, see the Final Act, A/CONF.62/121, Annex I, Resolution II. 19. For details about their pioneer activities, see Sea-Bed Mineral Resource Develop- ment, Doc. ST/ESA/107/Add.l. (New York: UN Department of International Eco- nomic and Social Affairs, 1982). 20. See Annex I, Resolution II, paragraph 8(c). 21. Ibid., paragraph 9(a). 22. Ibid., paragraph 12.

23. Ibid., paragraph 13. 24. LOS/PCN/27 (8 September 1983). See also Law of the Sea Bulletin, no. 3 (United Nations: Office of the Special Representative of the Secretary-General for the Law of the Sea, 1984): pp. 22-42. 25. LOS/PCN/L.6 (12 April 1984): Statement made by the Chairman of the Pre- paratory Commission.


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